
Glass _^_^lLlz___ 



UINTAH, OURAY, COLVILLE, SPOKANE, MORANGO, 
MISSION, AND SHERMAN INDIAN SCHOOLS 



HEARINGS 

BEFORE THE 

JOINT COMMISSION OF THE 
CONGRESS OF THE UNITED STATES 

SIXTY-THIRD CONGRESS 

FIRST sp:ssion 

TO 

INVESTIiiATF, INDIAN AFFAIRS 



SEPTEMBER 1&-0(JT0BEK 13, 1913 



PAin 1 



Printed for the use of llie Joint Conimission 






i»VI;RNMENT PRINnNG OFPIOE 
1014 



E9^ 






T 



Congress of the United States. 

JOINT COMMISSION TO INVESTIGATE INDIAN AFFAIRS. 

Senators: Representatives: 

JOE T. ROBINSON, Arkansas, Chairman. JOHN H. STEPHENS, Texas. 

HARRY LANE, Oregon. CHARLES D. CARTER, Oklahoma. 

CHARLES E. TOWNSEND, Michigan. CHARLES H. BURKE, South Dakota. 

R. B. KEATma, Arkansas, Secretary. 
Ross WiLLUMs, Arkansas, Clerk. 
2 



D» of D. 



r>~ 



m 



CONTENTS. 



Paget 

McColl, Angus F 7 

Avery, F. F 11 

Johnson, J. M 14 

Lane, Dr. C. W 19 

B. F. Emery 28 

De Rouge, Father 37 

McGreigor, Pierish 40' 

Wright, J. W 51 

Stickles, J. F 8» 

Kahlow, W. R 67 

Weinland, W. H 68 

Meyers, Marion 64 

M. A. Collins 66 

Conser, F. M 69 

McCormick, I. F 71 

3 



AUTHORIZATION ACT. 

Created under "An Act Making appropriations for tho current and contingent expenses of the Hurcau of 
Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for 
the fiscal year ending June thirtieth, nineteen hundred and fourteen," approved Jitne ;J0, 1913, as follows: 

For the purpose of making inquiry into conditions in the Indian Service, with a 
view to ascertaining any and all facts relating to the conduct and managoinent of 
the Bureau of Indian Affairs, and of recommending such changes in the administra- 
tion of Indian affairs as would promote the betterment of the service and the well- 
being of Indians, there is hereby constituted a commission to be known as the Joint 
Commission to Investigate Indian Affairs, to be composed of three Members of the 
Senate, to be appointed by the Presiding Officer of the »Senate, and three Members 
of the House of Representatives, to be appointed by the Speaker. The said com- 
mission be, and is hereby, directed, authorized, and empowered to examine into the 
conduct and management of the Bureau of Indian Affairs and all its branches and 
agencies, their organization and administration. The commission shall have power 
and authority to examine all books, documents, and papers in the said Bureau of 
Indian Affairs, its branches or agencies, relating to the administration of the busi- 
ness of said bureau, and shall have and is hereby granted authority to subpoena wit- 
nesses, compel their attendance, administer oaths, and to demand any and all books, 
documents, and papers of whatever nature relating to the affairs of Indians as con- 
ducted by said bureau, its branches and agencies. Said commission is hereby author- 
ized to visit any Indian agency, school, institution, or other establishment under the 
jurisdiction and control of the Bureau of Indian Affairs or the Department of the 
Interior, and it shall be the duty of the Secretary of the Interior, the Commissioner 
of Indian Affairs, and all other officers connected with the administration of Indian 
affairs to aid the said commission and furnish all available information that may be 
demanded by said commission. . . 

The investigation hereby provided for shall be conducted by said commission as 
speedily as possible, and the findings, conclusions, and recommendations of such 
commission shall be reported to Congress during the Sixty-third Congress. Said 
commission is hereby authorized to employ such clerical and other assistance, in- 
cluding stenographers, as said commission may deem necessary in the proper prose- 
cution of its work: Provided, That stenographers so employed shall not receive for 
their services exceeding $1 per printed page. The sum of $25,000 is hereby appro- 
priated to pay the expenses of the said commission. Within ten days after the appoint- 
ment of the members of the commission they shall proceed to elect a chairman and 
secretary, and the funds hereby appropriated shall be paid out on the order of such 
chairman and secretary, and a full, itemized account of all such expenditures shall 
accompany the final report of the commission when submitted to Congress. 



UINTAH AND OURAY AGENCIES, UTAH 



MONDAY, SEPTEMBER 15, 1913. 

Joint Commission to Investigate Indian Affairs, 

Congress Hotel, Chicago, III. 
The commission met at 4 o'clock p. m., pursuant to the call of the 
chairman. 

The following members were present: Senator Joe T. Robinson 
(chairman), Senator Charles E. Townsend, and Representatives John 
H. Stephens and C. D. Carter. 

STATEMENT OF ANGUS F. M'COLL, 1444 ASTOR STREET, 
CHICAGO, ILL. 

Angus F. McColl, being first duly sworn by tlie chairman, testified 
as follows : 

Senator Townsend. What I want to do, Mr. McColl, is to get your 
statement as a part of the record, and as clearly as I can, so that the 
commission will know just exactly what value to attach to the written 
statement you submit herewith. I want to ask you some questions 
which will go into the record along that hue. 

Mr. McColl. I would suggest that you get down to busmess. 
This [indicating! concerns the action of the Indian Department m 
suppressing some things that have been explained fully by Mrs. Ger- 
trude Bonnin. She is a Sioux Indian woman and probably the 
most intelligent woman in the United States to-day. 
Senator Townsend. How do you spell her name ? 
Mr. McColl. B-o-n-n-i-n; Gertrude Bonnin. 

Senator Townsend. I think we will get along faster if I just ask 
questions for the information we want. I do not want to embarass 
you, but we want to get the statement as brief as possible. ^N ow, the 
statement which you have submitted here and signed is an outhne 
of the facts which you would have this commission to consider? 
Mr. McColl. Yes, sir. 

Senator Townsend. You have presented some papers here whicti 
you have prepared touching matters in connection with your service 
as financial clerk out at Uintah and Ouray Agencies ? 
Mr. McColl. Yes, sir. 

Senator Townsend. Now, there are certain cliarges wiucli you 
make and number 1, 2, etc. . , , , , T,n . 

Mr. McColl. I have numbered them and entitled them ' VV hat was 
the matter at Uintah-Ourav?" , ... 

Senator Townsend. I think there are about 15 charges wlucli you 
have made. Do they state clearlv what you would have the com- 
mission to understand as connected with those particular cucum- 
stances ? 

7 



8 UIXTAH AND OUKAY AGENCIES, UTAH. 

Mr. McCoi.L. Yes. sir. 

Senator Townsend. I want now to call your attention to the matter 
of Mr. Greene. Will you tell us, as briefly as you can, w^hat you com- 
plained about in reference to Mr. Greene ? 

Mr. MacColl. g,My charges are all set out fully in the statement 
that I submit to you herewith. 

Senator Townsend. These papers contain the answers to my 
questions, do they ? 

Mr. MacColl. Yes, sir. All complaints I have made are in there in 
regular order. 

Senator Townsend. You have made some statements that I want 
to get in the record — that Mr. Fisher, former Secretary of the Interior, 
discharged you from the service after you sent in your resignation 
and stated that you were unfit to be in the service as an improper 
person " to be retained in the serAnce or to be allowed to resign from 
it." 

Mr. MacColl. Yes, sir; that is true. 

Senator Townsend. Did you retain any information from Mr. 
Fisher relating to the Indian Service about which he complains? 
And state specifically what it was. 

Mr. MacColl. Well, it is possible that if I had remained in W^ash- 
ington a month or so and sent out for all my data and papers and got 
to work on it that I might have been able to formulate some very 
important matter for them, but I can't recall just what it is now. 
I think that I reported very thoroughly to Mr. Fisher before I left 
Uintah-Ouray about everything I knew in connection with the affairs 
out there. My mind is refreshed about one thing which I did not 
tell them about. But these things happen. A man by the name of 
George I. Harvey, who had been agent at the Pawnee Agency, resigned 
under charges so serious that he did not await the issue, but resigned, 
and his resignation was accepted. He was an all round crook and 
scoundrel. After I sent in my report on Harvey to Mr. Valentine 
he appeared to be very indignant and sent for Mr. Fry, and Mr. Har- 
vey w^as reinstated. Nothing could have been more damaging to the 
Indian Service than such action as this. I might have reported to 
Mr. Fisher about this, but, Senator, I had been reporting to Mr. Fisher 
from about August until practically the time I left Uintah-Ouray, 
in January, and he showed no interest in my reports. I did not 
expect that the Secretary would tell me wdiat action he would take 
on the matter I sent in there. I lost confidence in Mr. Fisher. He 
wrote me letters in which he told me to avoid friction. How could I 
avoid friction and do my duty'? It was a thankless job. 

Senator Tow^nsend. As financial clerk at Uintah-Ouray were you 
f amihar with the administration of the affairs of the Indian Service ? 

Mr. MacColl. Yes, sir. I was not in charge and I was not admitted 
to the inner secrets, but I had access to all books and had, at first, 
access to the files. Mr. Greene notified me, after several months, that 
the files would not be open except through application to him. 
Senator Townsend. Do you know why he did that? 
Mr. MacColl. I could only guess, because my duties kei)t me in 
the office very closely for several months. I did not go out on the 
reservation as much as I wanted to. 

Senator Townsend. What were your duties as financial clerk ? 



I-INTAII AND OURAY AGENCIES, UTAH. 9 

Mr. MacC'oll. 1 kepi ihe indiAidual acroimts of the Indians. 1 
made my reports once a month, and I hel])ed tlie clerk with his work. 
Our office hours were from 8 to 5, and I always had something to do. 
There were sales of lands and there was a lot of work in connection 
with that. 

Senator Townsend. Did Greene, or Fisher, or anybody else com- 
plain that you were exceeding your authority ? 

Mr. MacColl. No, sir; ^Ir. Fisher did not complain directly to me. 

Senator Townsend. Were any men discharged from the sei'vice 
because of reports you made against them? 

Mr. MacColi>. Mr. Bonnin was forced out of the service. 

Senator Townsend. Because of reports you made aoainst him? 

Mr. MacColl. That was merely an assumption on his part. 

Senator Townsend. You did not report anything against him? 

Mr. MacColl. No, sir. 

Senator Townsend. What was done about these rascals, as you 
call them, after 3'ou reported on them? 

Mr. MacColl. The only man I consider a rascal is Greene. I do 
not like to call Capt. Keese a rascal. He is an honest man. 

Senator Townsend. Is he still there ? 

Mr. MacColl. No, sir; he was promoted to the superintendency at 
Jicarilla. 

vSenatoi- Townsend. Do you know of any other particular cases 
the commission sliould know about ? 

Mr. MacColl. I think mj statements submitted to you covers 
about all of them. 

Senator Townsend. Have you called the^se things to the attention 
of the present administration ? 

Mr. MacColl. No; I have not, except by letter m the statements I 
submit to you, in wjiich I characterized these men, Greene and Davis, 
as improper men to be in the service. 

Senator Townsend. You said something about some papers that 
had not been returned to you. What papers are they? 

Mr. MacColl. I have a fist of them at home, but I v/ant a telegram 
from Ml-. Fisher offering me a position as private secretary to ^Ir. 
Valentine, and my appointment to tjiat position, my transfer papers 
to Uintah, and my letter of dismissal, and other similar papers like 
that. That is all personal matter.' I sent some papers to Mr. Lane, 
but I do not care to have tliem returned to me, or anytliing that be- 
longs to anybody else. It is only these personal papers that I want. 

Senator Townsend. Now, that is all you want to submit to the 
commission. 

Mr. MacColl. There is anotlier mattei- aljout Mr. Greene 

The Chairman. That is all in the record. 

Senator Townsend. Is there anything not in these papers before 
us that you want to submit? 

Mr. MacColl. Tliat about covers it. 

The Chairman. 'V^Hiat business are you now engaged in ? 

Mr. MacColl. None; I have something in view. 

The Chairman. Flow long have you been out of employment ( 

Ml-. MacColl. Practically since I left the service. 

The Chairman. I see in Plxhibit B, which you have ided. a large 
number of clippings and letters purporting to have been written by 



10 UINTAH AND OUBAY AGENCIES, UTAH. 

different individuals. Yoii do not moan to testify to tlie matter con- 
tained in them as of your own knowledge, do you ? 

Mr. MacColl. No, sii-. I merely put them in there as con-oborating 
my own expressions. 

The Chairman. This commission will be very glad to have from 
you any statement of facts that you can make touching upon the 
reservation to which 3-ou refer in your statement, and will be glad to 
consider, of course, your views, but we do not regard that as testi- 
mony, nor do we regard statements from newspapers or private letters 
as part of testimony. What the commission desire^ to know is 
whether you have embraced in your letter or communication dated 
September 15, 1913, addressed to the commission, aU statements of 
fact w^hich you think should be brought to tlie attention of the 
commission ? 

Mr. MacColl. That matter and date, "Wliat was the matter at 
Uintah-Ouray," I did not ever ex])ect it to be considered as formal 
testimony. 

The Chairman. I will say that it ought not to go in as evidence. 

Mr. MacColl. I wrote that merel}- as a record foi- myself, and I 
merely submit it to you for what it is worth. It covers the case, but 
it is "not according to Hoyle." 

The Chairman. I am of the opinion that Exhibit B ought not to 
be submitted as evidence, but if you so desire, we \vill take it as memo- 
randa for the pu.rposes of this investigation. 

Mr. MacColl. Some of it I would be perfectly willing to submit as 
p\'idence — that part about the grazing lands of the TJtes. There is 
nothing personal about that. 

The Chairman. Very well; the commission will do this, Mr. MacColl. 
We will take such as we think ought to be submitted as evidence 

Mr. MacColl. Now, T am perfectly willing to submit that (indicat- 
ing) 

The Chairman. If you will go through this and revise it, separating 
the evidence fi'om the memoranda, that will be all right. 

Mr. MacColl. I know that this last statement is what they paid for 
that land [indicating, and marked X in Exhibit B]. 

Representative Carter. You spoke about a Mr. Harvey. Was he 
sent to the Five Ci\'ilized Tribes ? 

Mr. MacColl. Yes, sir. 

Re})resentative Carter. Worked there? 

Mr. MacColl. He was the. original superintendent at Pawnee. He 
was held up on very serious charges and he resigned. 

Representative Carter. Who preferred the charges ? 

Mr. MacColl. I guess it was some inspector. 

Representative Carter. Do you know what those charges were? 

Mr, MacColl. No, sir. 

Representative Carter. Is he stiU iu the Indian Service ? 

Mr. MacColl. He was clerk at Muskogee. 

Representative Carter. What kind of clerk was he ? 

Mr. MacColl. I don't know. 

Representative Carter. What salary did he draw? 

Mr. MacColl. I don't know. 

Representative Carter. What is his fuU name? 

Mr. MacColl. George T. Harvey. There was one bad man, and he 
should never have been reinstated, because he was robbing the 
Indians. 



UINTAH AXD OURAY AGENCIES, UTAH. 11 

Senator TowNSEND. Now, Mr. MacColl, wo v>i\\ take those papers 
and treat such as evidence as can bo done, usin^ the statement a})Out 
the trrazintr lands as evidence and use the other as niemorantUi. 



[Exhibit to A. F. MacCoU testimony.] ' '* 

How THE Indian is Robbed. 

MURDOCK GRAZING LEASES AT UINTAH AND OURAY RESERVATION. 

I wrote Secretary Fisher ou this subject in October and November, 1911, and 
reported same personally to Commissioner Valentine in Octolier, 1911, at the agency. 

The firm of J. S. Murdock & Co., of Heber, Utah (Mormons), was given grazing lands 
for sheep, by leases or permits, covering about 150,000 acres of the Uintah-Ouray 
Reservation, at a yearly rental of $2,000. These leases were executed secretly by 
Acting Indian Agent Capt. H. J. Brees and Chief Clerk Greene. The regular lease 
clerk employed at the agency, Scott L. Fesler, told me that he had not been allowed 
to draw the papers or even to see them. Similar permits and terms had been given 
to the Murdocks for several years, and when I got track of this fraudulent transaction 
the papers were at Washington for approval. They were not approved, owing to my 
protest, I presume, but I do not know what new arrangement was made with this 
firm of sheepmen. They (the Murdocks) ran from 10,000 to 40,000 sheep on this range. 
The yearly pastiirage charge for grazing sheep on Indian lands varies in cost from 75 
cents to $2.50 per head. The Murdock leases called for pasturage of only 10,000 head 
at 20 cents, or $2,000. Thus these Ute Indians were being fleeced out of about $15,000 
a year or more by the representatives of their guardian at Uintah-Ouray. These 
sheepmen at times had more than double the number of sheep on this range allowed 
by their permit (sometimes as many as 40,000 head). 

A. F. MacColl. 

Mr. Fesler has been transferred to Fort Apache, Ariz., against his wishes. Hol- 
combes says that it is the intention of Valentine to get rid of the entire old office force 
at Whiterocks. 

With best wishes from t;s all, I am, yours, truly, 

R. T. BONNIN. 

From a letter to me from Bonnin dated September 10, 1912. Valentine and Fisher 
did get rid of the old Uintah-Ouray office force, as far as they dared. 

A. F. MacColl. 

Note.— Fisher and Valentine got rid of or dispersed the ofilce staff who knew about 
this affair as follows: 
Capt. Brees transferred to Army duty at San Francisco. 
Chief Clerk Greene promoted to the superintendency at Jicarillo, N. Mex. 
Financial Clerk MacColl dismissed from the service. 
Lease Clerk Fesler transferred, against his will, to Fort Apache, Ariz. 
Issue Clerk Bonnin, resignation forced, but later reinstated. 
Stenographer Zollinger transferred to a California agency. Why? 



FRIDAY, SEPTEMBER 19, 1913. 

Joint Commission to Investigate Indian Affaies, 

Fort Spokane, Spokane Indian Reservation, Wash. 

Present: Senator Robinson (chairman), Senator Townsend, and 
Representatives Stephens, Carter, and Burke. 

STATEMENT OF F. F. AVERY. 

F. F. Avery, being first duly sworn by the chairman, testified as 
follows : 

I^Ir. Avery. I have been connected for more tlian 13 yeai-s with 
the schools on the Coh-ille Reservation. I am famiUar with condi- 



12 UINTAH AND OUEAY AGENCIES, UTAH. 

tions among the Indians generally on the reservation, and especially 
among the school children. We have six day schools in operation 
on the Colville Reservation. During the last school year the aver- 
age attendance was seldom less than twenty pupils at each school. 
There are about 525 children of school age. The census will be 
taken in November. About 20 per cent of the school population 
in addition to tiiose attending day schools on the reservation attend 
white schools,' and a considerable number, about 20 per cent, go 
away to school, to the mission school, and about 5 per cent go to non- 
reservation school. I have given somewhat careful consideration 
to the question as to wdiether the results obtained from reservation 
and nonreservation schools are more satisfactory, and my convic- 
tion is that the best work is done in the nonreservation schools. 
The young people return to their allotments and do better work and 
do it more promptly than those who remain there. 

The Chairman. What subjects are taken up in the reservation 
schools on this reservation ? 

Mr. Avery. The common school branches and academic work 
and also the rudiments of manual training, blacksmithing, agi'icul- 
ture, horticulture, and so on. 

The Chairman. Do the pupils readily take an interest in the 
study of agriculture. 

Mr. Avery. Yes, sir. Not only in books, but they go out and do 
actual gardening work at home. We feel that home is best for them. 

The Chairman Do you visit each school on the reservation ? 

IVir. Avery. Yes, sir. 

The Chairman. What is the condition as compared with 10 years 
ago ? 

Mr. Avery. They are more intelhgent; they are building more 
houses, and h\dng in more sanitary homes; but, of course, there is 
still room for improvement. They are becoming better men and 
women, learning the value of money, and are in every way improving. 

The Chairman. What are the general health conditions among the 
Indians on tliis reservation ? 

Air. Avery. There is a great deal of tuberculosis and trachoma. 

The Chairman. In your opinion, are these two diseases, trachoma 
and tuberculosis, increasing among them? 

Mr. Avery. I do not believe that trachoma is, but I thmk perhaps 
tuberculosis is. 

The Chairman. Both of these diseases are due largely to the man- 
ner of living, are they not ? 

Mr. Avery. Yes, sir. Of course, after tuberculosis is contracted 
under certain conditions it increases. 

The Chairman. Wlio are the doctors for this agency ? 

Air. Avery. There are three : Dr. C. W. Lane at Omak, Dr. KeUey 
at Nespelum, and Dr. R. D. McCray at Hunter. 

The Chairman. What effort, if any, is made in the schools- 
methods for the prevention of tuberculosis and traclioma? 

Mr. Avery. We give them systematic instruction along those 
lines, and the liousekeepers and doctors also visit the homes and 
advise the parents as to sanitary matters and how to improve con- 
ditions, and the children get one day meal at the schools. They 
learn sanitary methods, general housekeeping, and accept particular 
instruction from textbooks for the prevention of tuberculosis and 



UINTAH AND OURAV AGENCIES, UTAH. \A 

traclioiuii. TJu\v use individiiul towels at tlieir Jionu's, aiKi clean 
their teeth, and keep tlieir pereous clean. 

Tlie Chairman. Are the pupils inclined to observe these refiulatioiis. 

Mr. Avery. Yes, sir. They seem to take a pride in it. 

The Chairman. Have youhad occasion to visit the homes of tlie 
Indians on the Colville Indian Reservation { 

Mr. Avery. Yes, sir. 

The Chairman. You are famihar with the conditions tliere ^ 

'Mr. Avery. Yes, sir. 

The Chairman. Wliat have you noticed as opposed from your 
earlier service ? 

Mr. Avery. I have noticed a ii:radual imjirovement. The homes 
are more comfortable and more sanitary. 

The Chairman. What is the state of mind of tjie Indians on this 
reservation at tins time ? Are they discontented and complaining? 

^Ir. Avery. No, sir; very little. 

The Chair:»[an. What pro]>ortion are self-sui)porting-. if you know? 

Mr. Avery. I should say 9.5 to 97 or 98 per cent. The old ones 
and bhnd are taken care of by their relatives and friends. 

The Chair^[an. It is apparent that there is a large scholastic 
poprilation not aA'ailing themselves of the school facilities. W^hat is 
that due to? 

Mr. Avery. The remoteness of the schools. W^e have new wagon 
roads that \\e\p out a great deal, but a great many live aw;ay from 
them. We feel that a few more day schools need be established for 
a few years as soon as the allotting is completed, but until that is 
done, we do not care to have any more. 

The Chairman. I sui)])ose there are some Indians who Uve in such 
isolated jilaces that it is impossible, almost, to send their children to 
school ? 

Mr. Avery. Yes, sir. 

Representative wStephens. About how many students are there in 
attendance on the reservation? 

Mr. Avery. Between 150 and 160 in the day schools. 

Representative Stephens. How many mission schools have you 
on the reservation ? 

Mr. Avery. One on and one off. 

Representative Stephens. What church? 

Mr. Avery. Catholic. 

Representative Stephens. Wliat church is on the reservation? 

Mr. Avery. Catholic. There is another Uttle church that cost 
about a hundred dollars just across the reservation. 

Representative Stephens. What is the number of Indians in the 
tribe ? 

Mr. Avery. About 2,-300. 

Representative Stephens. What was the lunuber when you hrst 
came here ? 

Mr. Avery. We suppose it has gotten larger. I thmk there is 
verv little difference. 

Re})resentative Stephens. The tril)e has nc^ increased? 

Mr. Avery. It is just about the same. 

Representative Stephens. Yfhat is the moral condition of these 
Indians relative to marriage and divorce ? 



14 UINTAH AND OUEAY AGENCIES, UTAH. 

Mr. Avery. There is a gracliial decrease in observing tlie old 
Indian customs. 

Representative Stephens. Are they married by church or State 
authorities ? 

Mr. Avery. Both. 

Representative Stephens. Do they liave any children who have 
no parents ? 

Mr. Avery. I think the proportion is very small. 

Representative Stephens. Tlien you would say the moral condition 
among the Indians is as good as among the whites ? 

Mr. Avery. Yes; but there is still room for improvement. 

The Chairman. As to the prevalence of tuberculosis and trachoma, 
it seems that these two diseases are very common among the Indians 
everywhere. In some localities it is worse than in others. In some 
points of Oklahoma more than half the total Indian population is 
afflicted with these diseases. What I am anxious to know is, has any 
systematic effort been made witliin your knowledge by anyone to 
obtain definite information as to the number of Indians who are 
afflicted by trachoma and tuberculosis, and if so, by whom it was 
instigated and who authorized it ? 

Mr. Avery. I tliink Mr. Johnson (superintendent of the Colville 
Reservation) can answer that better than I can. 

The Chairman. In the schools have you undertaken any tiring of 
that sort ? 

Mr. Avery. We exclude every case. 

The Chairman. Do you keep a record of that? 

Mr. Avery. I do not keep a record. 

The Chairman. Do you not think it would be a good idea to keep 
one? 

Mr. Avery. The agency doctor does the examining, and I do not 
know whether he keeps a record or not. 

The Chairman, Do jou loiow what proportion of the school pop- 
ulation on the reservation is practically excluded from the schools on 
account of both of these diseases ? 

Mr. Avery. I do not. 

The Chairman. Are these diseases increasing or diminishing ? 

Mr. Avery. I think trachoma is not increasing, but as to tubercu- 
losis, I simply do not know. 

STATEMENT OF J. M. JOHNSON, SUPERINTENDENT OF COL- 
VILLE AGENCY. 

J. M. Johnson, superintendent of the Colville Reservation, first 
being duly sworn by the chairman, testified as follows: 

Mr. Johnson. I have been connected with the Colville Indian 
Agency for more than seven years. I became superintendent Janu- 
ary 26, 1912. I was clerk at the ColviUe Agency prior to that time. 

I have been reasonably familiar, except for possibly two years I 
was away, with the conditions here. 

The Chairman. What is your total Indian population ? 

Mr. Johnson. Two thousand three hundred, on our rolls. In ad- 
dition to that there are 800 applicants for enrollment, many of whom 
are of such slight degree of Indian that there is no prospect for them. 



UINTAK A^;D OUKAV AGENCIES, UTAH. 15 

The Chairman. How many have been alloted? 
Mr. Johnson. All but about 125 of the enrolled population. 
The Chairman. What is the condition of the Indians on this 
agency mth reference to thrift and industry ? 

Mr.' Johnson. These Indians are practically all self -supporting ; 
that is, of course, the old and infirm are supported by their friends 
and relatives. There are about 200 old, bhnd, and orphan children 
who are not self-supporting. They get as high as $25 a month for 
support — just enough to supplement their wants and keep them out 
of absolute want. We issue no less and no more. 

The Chairman. Under that statement, the Indian on this reser- 
vation is no worse than the w^hite person ? 

Mr. Johnson. I do not mean to convey by that the idea that they 
are as comfortable as the whites. Perhaps 75 per cent of the Indian 
population on the reservation live in what may be called frame 
houses, possibly 10 per cent in old-fashioned log shacks, and others 
in teepees used as permanent places of habitation. Nearly all of the 
full-blood Indians set up teepees at their homes for especial use in 
the summer time, but they are not intended for the principal or per- 
manent home. For the past two or three years we have disbursed to 
the Colville Indians annuity payments of $500 per capita, and this has 
been deposited in the Indian bank subject to check on my approval. 
I have supervised the manner of expenditure. I have encouraged 
better homes, barns, and fences with this money. There are now 59 
houses for the fiscal year 1912, and in 1913 it is 30 or 35. Of course, 
three or four hundred dollars would go into a house of rough board, 
usually ceiled inside, with a good floor, three or four windows, and 
three or four rooms; and you will find these houses scattered all over 
■^-Vjp "pp^f^fvfl 1"! on 

The Chairman. What has been your observation of the diseases 
most prevalent among the Indians '': 
Mr. Johnson. I find tuberculosis and trachoma. 
The Chairman. To what are these diseases attributable in your 
opinion ? 

Mr. Johnson. Lack of sanitary conditions. 

The Chairman. Are these diseases increasing or diminishing 
among the Colville Indians ? 

Mr. Johnson. Our statistics have not been kept accurately by the 
department, but in my opinion it is about the same as when I came 
here. I have no means of getting the mformation. It would require 
a careful census, a physical examination of every man, woman, and 
child by a phvsician. 

The Chairman. 'VMiat per cent of the Indians have trachoma on 
the Colville Reservation ? 

Mr. Johnson. About 20 per cent. 

The Chairman. Wliat percautions are being taken, if any, to check 
this disease ? 

Mr. Johnson. We have three physicians, one at Nespelum, one on 
the east and one on the west side of the reservation. 

The Chairman. Wliich of these doctors is giving especial attention 
to trachoma ? 

Mr. Johnson. No special one. They are treated by means of the 
forceps where it is possible to get the Indian under their control long 



16 UINTAH AND OURAY AGENCIES, UTAH. 

enough. But it seoms necessary to the successful operation on the 
Indian tliat tlie doctor or trained nurse see him every day for three 
weeks. We have no hospitals, and except where the Indian lives 
near the physician's office it is almost impossible to do that kind of 
work. They use copper sulphate and another drug, the name of 
which I do not remember. These drugs are turned over to the Indians 
and they will use them. They do not cure a large ])erccntage of the 
cases, but they at least check the infection. 

The CnArRMAN. Do they apply the remedies when ])rescribed '^ 

Mr. Joiixsox. Some of them do, possibly 75 ])cr cent, but some 
still cling to the advice of the medichie man. 

The Chairman. What is your opimon as to the extent of tuber- 
culosis among the Indians on the Colville Reservation ? 

Mr. Johnson. About 20 per cent have it in one form or another. 

The Chairman. How are the climatic conditions as affecting or 
producing tuberculosis ? 

Mr. Johnson. Climatic conditions are, on the whole, not calculated 
to produce tuberculosis. 

The (^HAiRMAN. Have you given much thought to the checking of 
tuberculosis and trachoma on the Colville Reservation? 

Mr. Johnson. I have. I think the Indian with trachoma is worse 
than the Indian with tuberculosis, because when the Indian goes 
blind he is absolutely helpless. We have one contract physician. 
He gets S720 a year and he lives on the other side of the river. He 
practices among the Indians over here, but can only reach them by 
crossing the Columbia River on the ferry. Sometimes he has to run 
the ferryboat himself. Now, we can not expect that physician to 
attend to more than acute cases. The mountain roads are almost 
impassable in the mntertime, and for S720 we can not expect to get 
a physician to treat tuberculosis. 

The Chairman. It would seem to me that he could not look after it 
rightly and discharge his duties. 

Mr. Johnson. The area is more than the population. At Nespe- 
lum we have a physician who is paid $1,200 a year. 

The Chairman. There is no chance for him to do outside practice ? 

Mr. Johnson. He is dependent entirely on this SI, 200 a year. He 
can not supplement that, and it is not enough. He covers a terri- 
tory of about 15 townships, in which there are about 600 Indians. 
The other physician living at Okanogan gets $1,000 a year. We rent 
quarters for him, feed his team, and he devotes about half or a little 
more of his time to the Indian Service. He covers a population of 
about 600 or 700. The longest drives are about 40 miles, and there 
are roads on which he has to go horseback, and in the winter, when 
the snow is deep, it is practically impossible to get over them. 

The Chairman. What are your plans for improxang these con- 
ditions ? 

Mr. Johnson. My plans for improvement are these: I would in- 
crease the salary of the physican at Nespelum to $1,800 a year. I 
would build a hospital, employ trained nurses, and get him such 
additional assistants and elastic force that could be employed as 
needed, increase the salary of the physicians on both the east and 
west sides to $1,500 a year, enough to keep them employed in prac- 
tice on the Indians all the time, and let them send their cases to the 
hospital at Nespelum, and as trachoma cases are cured in three or 



UINTAH AND OURAY AGENCIES, UTAH. 17 

four weeks, absolut(iy ciu-ed, scud those cases to the liospitnl, and hy 
that system the whole trachoma cases can be cured_ in two or three 
years/ The handhnu' of tuberculosis is, of course, difi'erent. I have 
thought several tunes thai it would be successful, if that were treated 
in camps. 

The Chairman. By the taking of the simplest ])recautions which 
are easily explained and easily understood, tuberculosis can, in time, 
be stopped. It is a process of isolation, and the working out of tne 
details is quite a difhcult one. It is perfectly apparent that even in 
this climate, where 20 per cent of the Indians have tu])erculosis, 
unless something is done the race will probably decline in numbers 
and be extinct. Trachoma at some points in the Indian country 
run as high as 61) per cent to the total population. Tuberculosis, I 
think, in a few localities runs as high as 40 per cent, and 20 per cent 
in such a climate as this, where it is not calculated to produce the 
disease, is a fairly large number. 

Do you think that a tuberculosis sanitarium in Xew Mexico would 
afford the proper relief for the cure of tuberculosis ^ 

Mr. Johnson. No, for the reason that the cost of transportation 
from a reservation so remote as this would be practically prohibitory. 

The Chairman. It has been suggested that a tuberculosis sani- 
tarium be established which can be availed of by extreme cases, and 
especially for those who are able to provide in part for their own 
expense.' What would be your idea about that ^ Have you ever 
discussed it with your doctors? 

^h\ Johnson. Yes, I have discussed it with all of tliem. They 
have various schemes. We had a tuberculosis sanitarium for t^yo 
or three years for children, and my observation was that the pupils 
brought 'from a considerable distance from their homes suffered 
more from homesickness, and that is a bad thing for children. I 
have seen good sanitary conditions kept and a good many recover. 

The Chairman. What is the general character and habits of the 
Indians with reference to opiates here 'i 

Mr. Johnson. We have no difficulty in controlhng the Indians 
along that fine. Our difficulty is with "the white men who infest the 
reservation. The reservationWas open to miners some 15 years ago, 
and that brought in the drift and rift'raft" population. Many pros- 
pectors wdio came here and found nothing left, but lots remained, and 
many of them are bootleggers, horse and cattle thieves, and those are 
the worse class we have to deal with. 

The Chairman. Is bootlegging very extensive ? 

Mr. Johnson. Yes; very extensive. The reservation is surrounded 
by communities in wdiich there are saloons. They are carried on 
strictly by a bootlegging business. 

The Chairman. Do the bootleggers come on the reservation ( 

Mr. Johnson. Yes, sir. I w^ant to say that one serious difficulty ^ye 
have here is in the interpretation of the law. We have had cases in 
which we would find a man on the reservation with stacks of wliisky. 
We were unable to find that he introduced it, and yet the courts have 
held that in that case there is no offense in law. The Federal courts 
have held that possession of Hquor on an Indian reservation is not 
prima facie evidence of introduction by the possessor. The courts 
35601— PT 1—14 2 



18 nXTAH AND OURAY AGENCIES, UTAH. 

have held tliat when a mining chiim is filed upon on a reservation the 
ground is not within the reservation. 

Representative Stephens. What kind of stock do the Indians 
raise ? 

Mr. Johnson. Until a few years ago they raised a few ponies. It 
was simply a matter of turning out their mares. They were gradually 
being sold off, and now the Indians have a great deal of stock and 
cattle. We have some difhculty in keeping them from seDing their 
young stock; the prices are so attractive. 

Representative Stephens. Do they raise sheep, goats, or hogs ? 

Mr. Johnson. There are some who raise sheep and hogs. 

Representative Stephens. Then, they show a dis])osition to raise 
stock ? 

Mr. Johnson. Yes. 

Representative Stephens. In your judgment the Indians are better 
c|ualified to take care of stock ? 

Mr. Johnson. Yes; it is better for them than fruit growing. 

Representative Stephens. Does it engender prejudice bv the white 
people for the Indians to raise fruit ? 

Mr. Johnson. No; and in that connection there was a bill intro- 
duced — ^I think Senator Poindexter was responsible for it — providing 
that the timber should be reserved for tribal property. My idea is to, 
as soon as the allotments are made, retain the timber and sell the 
mature timber to the highest bidder as soon as we have market 
facilities. 

Representative Stephens. Would it be practicable to buy portable 
sawmills for the Indians and give them employment at the same time ? 

Mr. Johnson. It is not practicable on the scale which you suggest. 
We have three sawmills on the reservation. If we had one more, we 
would be able to provide the Indians with employment. I believe it 
would be better to sell the timber and let them go in and cut it. 

The Chairman. Are the Indians available as laborers? 

Mr. Johnson. Yes; they are just beginning to take advantage of 
the logging lousiness. 

The Chairman. Would you establish a boarding school on this 
reservation ? 

Mr. Johnson. I think it would be a backward step. 

Representative Stephens. Do you think the Indians would get 
along well enough with day schools if they had enough ? 

Mr. Johnson. Yes, sir. I believe if we could get enough money to 
build a few more wagon roads and three more schools we could handle 
the situation very nicely. 

The Chairman. How much timber is there on this reservation ? 

Mr. Johnson. About 40 townships in timber; about 400,000,000 
feet. 

The Chairman. Is it accessible to market ? 

Mr. Johnson. No, sir. That would involve the building of a rail- 
road through the San Foil Valley. There is a railroad on the west 
side, the Great Northern, that opens up a territory about 10 or 15 
miles wide. 

Representative Stephens. Is there much ripe timber on your res- 
ervation ? 

Mr. Johnson. Yes, sir. 



UINTAH AND OUBAY AGENCIES^ UTAH. 19 

Representative Stephens. Is it liable to (lama<;e bv forest fires ? 

Mr. Johnson. To some extent. 

The Chairman. I notice timber in the Spokane Reservation which 
is mature and Hable to damage by iire, which ought to be cut, but it 
is not accessible to market. 



tuesday, september 23, 1913. 

Joint Commission to Investigate Indian Affairs, 

Omak, Wash. 
Present: Senator Robinson (chairman), Senator Townsend, Rep- 
resentative Stephens, Representative Carter, and Representative 
Burke. 

STATEMENT OF DR. C. W, LANE, AGENCY PHYSICIAN, COL- 
VILLE AGENCY. 

Dr. C. W. Lane, first being duly sworn, testified as follows: 

Dr. Lane. I am one of the agency physicians on the Colville Res- 
ervation, and am located at Omak, having been here since about the 
1st of Julv, 1913. fe.i£l 

The Chairman. Wliat is the area over which your duties carry you % 

Dr. Lane. Four hundred thousand square acres — about 15 town- 
ships. 

The Chairman. ^Vhat is approximately the number of Indians 
tmder your jurisdiction ? 

Dr. Lane. Between four and five hundred. 

The Chairman. What proportion of this number have you visited 
or seen since you have been located here as physician ? 

Dr. Lane. Probably two-thirds of them. 

The Chairman. Do you undertake, and is it your duty, to visit 
all Indians mthin yoiir territory when they are ill and require a 
physician ? 

Dr. Lane. Yes, sn. 

The Chairman. No other medical service is provided, and no 
other is available, I suppose ? ' 

Dr. Lane. There are other physicians hving here, but they do not 
practice among the Indians a great deal. 

The Chairman. What is the general state of health of the Indians 
mtliin your jurisdiction ? 

Dr. Lane. Very poor. 

The Chairman! iMiat is the character of their affliction ? 

Dr. Lane. Tubercular conditions and eye diseases. 

The Chairman. What are the eye diseases? 

Dr. Lane. Trachoma. 

The Chairman. T\liat percentage of the Indians would you say are 
afflicted witli trachoma ? 

Dr. Lane. At least 60 per cent. 

The Chairman. I presume you have had no opportunity of observ- 
ing these Indians ])rior to the time you became physician here so as 
to judge whether these diseases are increasing or diminishing? 

Dr. Lane. Not here. 



20 UINTAH AXD OUKAY AGENCIES, UTAH. 

The C'hairman. Are conditions similar at S})okane Reservation with 
reference to trachoma ? 

Dr. Lane. Not quite as ])revalent. 

The Chairman. What percentage of the Indians within your terri- 
tory have tuberculosis, would you say? 

Dr. Lane. That is a hard question to answer. A good many have 
it or are convalescent with it. A good many actually have the germ. 

The Chairman. Has no effort been made, so far as you know, to 
ascertain definitely how many are afflicted with tuberculosis ? 

Dr. Lane. None that I know of unless the Public Health Service has 
done so. 

The Chairman. It could be done by careful census and examination, 
could it not ? 

Dr. Lane. It could if you could find them all. It would be very 
extensive and hard to find thera all. 

The Chairman. Have you no means or op])ortunity for doing this 
work ? 

Dr. Lane. We try to. 

The Chairman. Wliat I mean is, could you do that work and at 
the same time attend to your regular duties as physician ? 

Dr. Lane. It would be rather hard to do it. 

The Chairman. Are you kept very busy? 

Dr. Lane. Part of the time. 

The Chairman. Do the Indians readily avail themselves of your 
services as a physician, or are they slow to do it ( 

Dr. Lane. They have been quite ready here. 

The Chairman. How was that on the Spokane Reservation ? 

Dr. Lane. They were very ready there. 

The Chairman. Do they appear to have confidence in our system 
of tre.'^tment or do they prefer their own ? 

Dr. Lane. Several prefer their own — that is, the methods of the 
medicine man, sucking and blowing. 

The Chairman. Wliat do you mean by sucking and blowing ? 

Dr. Lane. Some Indians suck it out and others blow it out. 

The Chairman. Are the conditions in this climate calculated to 
produce or promote trachoma and tuberculosis ? 

Dr. Lane. The dust here is bad for trachoma, but I do not think 
this cUmate is bad for tuberculosis. 

The Chairman. What are the characteristics of a cUmate that is 
good for tuberculosis — for the cure of it ? 

Dr. Lane. A climate that is dry, equable, and has a great deal of 
sunshine. 

The Chairman. Have you given thought and consideration to the 
best means of remedying conditions on tliis reservation to trachoma 
and tuberculosis ? 

Dr. Lane. Yes, sir. 

The Chairman. Have you thought out a system or plan in your 
opinion which will promote them or accompUsh that end ? 

Dr. Lane. I do not think it would be accomplished; but I think if 
we had camps and hospitals, or a central hospital, on the reservation 
that would be all right. 

The Chairman. Would it be your idea to establish some central 
hospital on the reservation o r a number of camps ? 



UINTAH AND OURAY AGENCIES, UTAH. 21 

Dr. Lane. Probably a central hospital could be used to handle tlie 
situation. 

The Chairman. Do you think tlie Indians would avail themselves 

Dr. Lane. I think a good many would. I think it would be well 
to have power enough allowed to us to separate the sick from the well. 

The Chairman. As a matter of fact, the prime means of preventing 
the spread of tuberculosis is isolation and sanitation, is it not? 

Dr. Lane. Yes, sir. 

The Chairman. Have you recently had occasion to observe the 
prevalence of trachoma at any of the schools? 

Dr. Lane. I operated 20 cases yesterday at the St. Marys Mission 
School. 

The Chairman. What kind of operation do you i)erioim ': 

Dr. Lane. I use the forceps. 

The Chairman. Is that the most practicable and successful means ? 

Dr. Lane. That, combined with the bluestone treatment, is the 

best. 

The Chairman. The bluestone is used as a caustic? 

Dr. Lane. Yes, sir. 

The Chairman. How many i>ui)ils have they at St. Marys ? 

Dr. Lane. They have about 35 there now. All the pupils have 
not entered yet for the year. 

The Chairman. And of that 35 you operated on 20. 

Dr. Lane. I only operated on the boys. I have not touched the 
girls. There are 21 boys, and I operated on 20 of those. There are 
14 girls. I do not know how many of them have trachoma, but 
but several have. The disease is quite prevalent there. 

The Chairman. What about tuberculosis there? 

Dr. Lane. Out of the 35 I have stoi)ped 4 from attending school 
because of tuberculosis. 

The Chairman. Have you examined the others? 

Dr. Lane. Yes, sir. 

The Chairman. You found no tuberculosis among them ? 

Dr. Lane. Not active tuberculosis. 

The Chairman. Are there day schools on this part of the reserva- 
tion? 

Dr. Lane. One about 15 miles from here, on Omak Creek. 

The Chairman. How many pupils are there there ? 

Dr. Lane. About 15. 

The Chairman. Are you familiar with the conditions of those 
pupils with reference to tuberculosis and trachoma ? 

Dr. Lane. I have not had an opportunity to examine them. 

The Chairman. What is your suggestion for the cure and pre- 
vention of trachoma here ? 

Dr. Ijane. I thmk if we had a central hospital we could operate 
the eyes successfully. 

The Chairman. Is the disease curable? 

Dr. Lane. That depends upon the stage. 

The Chairman. Wliat stages are known ? 

Dr. Lane. The acute stage and the chronic stage. 

The Chairman. What is the chronic stage? 

Dr. Lane. That is after it has passed the cicatricial stage; that is 
after the eyelids are deformed. 



22 UINTAH AND OURAY AGENCIES, UTAH. 

The Chairman. Does trachoma produce bhndness ? 

Dr. Lane. Yes, sir. 

The Chairman. Could you give what percentage are going bhnd ? 

Dr. Lane. I could not. 

The Chairman. Is that a painful disease ? 

Dr. Lane. Yes, sir; but that depends upon the stage. 

The Chairman. In addition to the hospital work it would be 
designed to give work to those already afflicted, would it not ? 

Dr. Lane. Yes, sir. 

The Chairman. You have, of course, contemplated some plan to 
stop the communication of the disease from those afflicted. What is 
the best means of doing this ? 

Dr. Lane. By teaching personal hygiene. 

The Chairman. Sanitary conditions are rather bad among them, 
are they not ? 

Dr. Lane. Yes, sir. 

The Chairman. What sanitary habits are especially calculated to 
prevent the spread of this disease ? What suggestions do you make ? 

Dr. Lane. To provide separate towels, washbasins, handkerchiefs, 
frequent bathing, and clean persons. 

Senator Townsend. Do you think that tuberculosis and trachoma 
are on the increase ? 

Dr. Lane. Yes, sir. 

Senator Townsend. You have noticed it perceptibly since you 
have been here ? 

Dr. Lane. I think it is on the Spokane Reservation and on a large 
portion of this reservation. 

Senator Townsend. Is it possible for you to get over this district 
and see many of the people in the homes i 

Dr. Lane. Only where they are very ill. 

Senator Townsend. Would it not be necessary for you to get over 
the district easily in order to tell about the pre\alence of these 
diseases ? 

Dr. Lane. Of course, I would have to take a careful census. 

Senator Townsend. You get your observation from your office 
and from the schools mostly, do you n<it '( 

Dr. Lane. Yes, su-. 

Senator Townsend. Do many of them conic to your office for 
treatment ? 

Dr. Lane. Yes, sir; but a great many still adhere to the treatment 
of the medicme man. And when one comes a long distance in bad, 
cold weather for treatment of the eyes and goes back and forth, it is 
bad for them. 

Senator Townsend. If you had a sanitarium or hospital, you 
would have to have some sort of legislation which would compel them 
to come there, would you not ? 

Dr. Lane. I think so. 

Senator Townsend. W^ould the Indians permit their children to 
go the hospital without their going there too ? 

Dr. Lane. I think so. 

Senator Townsend. Is there any other man connected with the 
agency that gets over it more than you do ? 

Dr. Lane. I do not think so. 



UINTAH AND OURAY AGENCIES, UTAH. 23 

Senator Townsend. Do you aiitici])ate that you get anything that 
would even approximate the ])ei-inament relief showing permanent 
jnprovement without teaching the Indian in his home as to sanitary 
methods 'i 

Dr. Lane. No. 

Senator Townsend. Could you do that if ycni had enough assist- 
ance on the reservation 'i 

Dr. Lane. I think so. 

Senator Townsend. Sanitation could he taught so that it would 
be at least preventive of tuberculosis, could it not ? 

Dr. Lane. If we had power enough to force them to clean their 
places, but simply talking to them will not do it. 

Senator Townsend. Your establishment of a sanitarium and 
central hospital would necessarily fall very short of anything like a 
complete tieatment of this disease, would it not '? 

Dr. Lane. I think it would. 

Senator Townsend. I suppose if these Indians were taught to be 
sanitary and were properly impressed with the seriousness of this 
disease, that of itself might be a very strong element in the civilization 
of the Indian and bring him to modern methods of doing things as 
well as taking care of his health? 

Dr. Lane. It would aid some. 

Senator Townsend. I assume that if he was brought to realize 
the sense of the effect of this disease upon him that of itself would 
help materially in his progress ? 

Dr. Lane. One of the best effects would be to take the diseased 
person out of the family circle. They all live in very cramped 
quarters. 

Senator Townsend. So it is your plan that if a samtanum were 
established to go over the reservation and make an examination of 
the Indians and bring all those afflicted to the sanitarium ? 

Dr. Lane. LTrge upon them when we covJd. 

Senator Townsend. If 60 per cent of them have trachoma, would 
that not be a difficult jiroblem ? 

Dr. Lane. We could operate on them and use treatment in the 
home too. It is tuberculosis that requires sanitarium treatment. 

Senator Townsend. You do not l-mow what percentage on this 
reservation are afflicted with tuberculosis, do you? 

Dr. Lane. Probably 2.5 per cent. I am not sure. 

Senator Townsend. How many Indians are there right about 
Omak or within 20 miles of it ? 

Dr. Lane. About 400. 

Senator Townsend. Do you find any more cases of trachoma and 
tuberculosis in the homes of the more civilized and prosperous than 
in the homes of those who are apparently not so far advanced ? 

Dr. Lane. They all have homes. The mixed bloods have better 
homes than the full bloods. There is one family at Okanogan of 
eight and six have tuberculosis, and I do not know how many have 
died of it. 

Senator Townsend. Do the Indians on this reservation, so tar as 
you know, attain longevity? 

Dr. Lane. I do not think they do. But mortality is greatest 
among the children. 



24 UINTAH AND OURAY AGENCIES^ UTAH. 

Senator Townsend. So that under proper care you think you 
could cure these diseases ? 

Dr. Lane. Yes. 

Representative Burke. Doctor, how long have you been in the 
Indian service l 

Dr. Lane. Nearly four years as physician. 

Kepresentative Burke. Where have you been stationed 1 

Dr. Lane. At Round Valley, Cal. 1 was there 14 months, and 
from there I went to Fort Spokane. I was there at Fort Spokane 
and the Spokane Agency across the river two and a half years. 

Representative Bltike. And during that time were you treating 
Indians on this reservation ? 

Dr. Lane. Part of that time, and I had charge of all the Indians 
on the Spokane Reservation. 

Representative Butike. And you have been at this point since 
about the middle of June. 

Dr. Lane. Yes, sir. 

Representative Burke. So, altogether, you have been either upon 
the Spokane or the Colville Reservations ? 

Dr. Lane. Yes, sir; and a httle more. 

Representative Burke. Did you find that the conditions as to 
trachoma and tuberculosis on that portion of the Colville Reservation 
so far as you observed were about the same as here on this part, so 
far as the prevalence of the diseases is concerned ? 

Dr. Lane. I do not think it was as prevalent. 

Representative Burke. Would it be practicable and desirable to 
establish a sanitarium where the Indians of the two reservations 
could be cared for, both of the Spokane and the Colville Reservations '( 

Dr. Lane. That involves a good many things. The reservations— 
the methods of transportation across the reservations; it would be 
hard to get the Indians from the Spokane Reservation here, which 
could be the onlv point it could be estabUshed. 

Representative Burke. I had in mind that Nespelum could be 
used, and at Fort Spokane the buildings of the old mihtary barracks 
that are already there. 

Dr. Lane. I "think two small hospitals, one at Fort Spokane and 
one on the Colville Reservation, would be better than one hospital 
in a central location. 

Representative Burke. What would be the idea of a hospital as to 
the expense of equipment and a suitable building or buildings ? 

Dr. Lane. I would hate to answer that question, unless 

Representative Burke. Suppose you had a hospital for the treat- 
ment of these diseases, would it be large and expensive, or would it 
be so that they could hve outdoors ? 

Dr. Lane. That is difficult to answer. Of course, the tubercu- 
losis patients ought to be in the open air as much as possible. That 
would not be expensive. . . 

Representative Burke. Then you think a sanitarium could be 
established without great expense ? 

Dr. Lane. Yes. 

Representative Burke. I want to ask your opinion as to the 
method or the system that is now in operation with relation to the 
treatment of diseases upon the Indian reservations as to whether it 
would be, in your opinion, more beneficial, more effective, if it was 



UINTAH AND OURAY AGENCIES, UTAH. 25 

under the Health Uepartnient, rather than under the lucUaii Olhce, 
as is nov,- the situation ? 

Dr. Lane. Personally I am in favor of the Public Health Service, 
because they could do away with two departments; that is, combine 
the two, and nuxke the system more flexible. They have more physi- 
cians, and in case of emergency they could send more physicians 
out on the reservations, and then, too, the ]ihysicians would be 
better satisfied. 

Representative Burke. Would it not be better if it was under 
the Health Department and then raise the standard of physicians 
that are employed, as compared "with the present system ? 

Dr. Lane. I think if the same conditions existed in the Indian 
Service as in the Health Service the standard would be automatically 
raised. 

Representative Burke. Do you think it possible to get the stand- 
ard of physicians we ought to have if we make that change ? 

Dr. Lane. Most of them are of the same class. There is nothing 
in the Indian Service that is attractive. Most of the physicians are 
graduates just out of school. 

Representative Burke. What compensation is paid? 

Dr. Lane. Usually SI, 000 a year. 

Representative Burke. What are they recpiired to furnish in the 
way of equipment ? 

f)r. Lane. They are furnished with a team. 

Represen.tativeBuRKE. Does the Government furnish the team? 

Dr. Lane. I have iny own team, but I am furnished it by the 
Government. 

Representative Burke. You say you are the only one on the reser- 
vation who has an opportunity to observe the methods of living, 
and the sanitary conditions, or miore than any other person con- 
nected ^vith the agency. Don't they have a field matron on this 
reservation ? 

Dr. Lane. None on this portion. 

Representative Burke. If you visit an Indian liome now and find 
conditions deplorable, all you can do is to ad\dse and suggest ? 

Dr. Lane. Yes, su\ 

Representative Burke. You have no authority to compel them to 
change their livmg methods ? 

Dr. Lane. Xo, sii-. 

Representative Burke. If we had a sanitarium, would it not be 
necessary to provide that such persons as ought to have treatment 
should be forced to take the treatment and be detained there for sucli 
time as might be necessary ? 

Dr. Lane. Xo, sir-. 

Representative Burke. Don't you think it would be healthful and 
desirable if you could have in this district a field-matron service, so 
that they could visit the homes of those people and teach and instruct 
them in wa^^s of living so as to bring your attention to conditions that 
ought to have your attention that otherwise you might not know 
anythmg about? 

Dr. Lane. This territoiy is so hai'd for a woman to travel over it 
would be hard for lier to get over it. 

Representative Burke. What is your experience, having been in 
the Indian Ser^^ce for some time, m having your requests that neces- 



26 UINTAH AND OURAY AGENCIES, UTAH. 

sarily have to o() to the Indian Office jwomptly answered and obtain- 
ing things that you must have in connection with your work among 
the Indians without too much delay? 

Dr. Lane. Sometimes I get them in one month and sometimes four. 

Representative Burke. What has been your experience in having 
your correspondence answered promptl}^ or otherwise ? 

Dr. Lane. It has been prom])t for what little correspondence I have 
had. 

Representative Burke. And there is a little delay in getting things 
you have to have ? 

Dr. Lane. Yes, sii-. 

Representative Burke. What seems to })e the difficulty, if you 
know ? 

Dr. Lane. I think the difficulty comes in having to get everything 
in warehouses on })ids. 

RepresentatiA'^e Burke. Do you think tliat could ]>e obviated by 
purchasing in the o]^cn market or locality in which they are needed ? 

Dr. Lane. I think it could for emergency purposes. 

Representative Burke. Have you had any recent experience in 
getting anything from the Indian Office that you have requested 
where there lias been any delay ? 

Dr. Lane. Yes, sir. 

Representative Burke. What is it? 

Dr. Lane. Our drugs, our buggy and harness, I asked for in June 
and have not recei\^ed them yet. 

Representative Burke. What time in June? 

Dr. liANE. Somewhere about the 20th. 

Representative Burke. Have you any reason to think that you 
are going to get them in the near future ? 

Dr. Lane. No, sir. 

Representative Burke. During that time have you been obliged 
to furnish yourself with a buggy and harness for your use in attend- 
ing your duties? 

Dr. Lane. Yes, sir. 

The Chairman. Has there been any reply made to your request 
for your necessities ? 

Dr. Lane. The request was put through the C'olville office. 

The Chairman. So far as you are concerned, have you been in- 
formed as to this delay? 

Dr. Lane. No, sir; not from the Indian Office. 

Senator Townsend. Where were you educated, Doctor ? 

Dr. Lane. Hahneman Medical School, Chicago. 

Senator Townsend. How much do you receive, Doctor? 

Dr. Lane. SI, 000 a year. 

Senator Townsend. And you are supposed to be furnished a 
wagon, harness, and team and provisions? 

Dr. Lane. No, sir. 

Senator Townsend. You feed yourself? 

Dr. Lane. Yes, sir. 

Senator Townsend. Do you have to employ anybody to assist 
you out of your own pocket ? 

Dr. Lane. We have no assistance. 

Senator Townsend. How manv doctors are there on this reserva- 
tion ? 



UINTAH AND OURAY AGENCIES, UTAH, 27 

Dr. IjANE. Three. 

Senator Townsend. Have you taken any ])arti{'ulai- training' lor 
tuberculosis and trachoma treatment before you came into the 
Indian Service ? 

Vr. Lane. No, sir. 

The Chairman. Are many of the Indians with whom you come in 
contact achlictetl to the use of intoxicating hc^uors ? 

Dr. Lane. i\Iost of them when they can get it. 

The Chair:sian. Is there much drunkenness among them { 

Dr. Lane. I have not seen many cases. 

Representative Carter. Doctor, you spoke of a camp hospital 
What do you mean by cam]) liospital; how does it (Hffer from the 
reguhu' hos])ital ( 

Dv. Lane. That is where they have to use tents, and nn)re or less 
t em])orary s t rue t ures . 

Representative Carter. No permanent i)iukHngs ( 

Dr. Lane. Nothing except an office. 

Representative Carter. Are those camj)s good ]>laces for the treat- 
ment of trachoma ? 

Dr. Lane. Yes, sir: but I don't mean to U'ave the impression that 
we are op])osed to a hospital for the reservation. 

Re])resentative (\vrter. Are there any other diseases that the 
Indians are afflicted with exce]>t trachoma and tuberculosis ? 

Dr. Lane. Yes: the res})iratory diseases. 

Representative Carter. Are there any tribal funds available for a 
liospital ? 

Dr. Lane. No, sir. 

Re])resentative Carter. You spoke of havhig delays in getting 
your sup])lies. Have you had considerable of that in the past ? 

Dr. Lane. This, I think, is the longest case I have had to wait. 

Senator Townsend. There was a witness before the Committee on 
Indian Affairs of the Senate who claimed to have a great deal of ex- 
perience with the Indians, and especially with trachoma, and he 
stated that he had practically abolished the disease which was very 
prevalent among the Indians that he had to deal with simply by the 
use of the vitriol wash and by the abolition of the mess towels used 
by so many people. Now, do I understand 3"ou to say that this 
disease was not curable after it passed the chronic stage? 

Dr. Lane. If it has passed the cicatricial stage. 

Senator Townsend. What proportion in that condition are on this 
reservation ? 

Dr. L\xe. I could not answer that off hand. A great many of the 
extremely old ones have passed into that stage. The young ones are 
practically all curable. 

Senator Townsend. What care does the blind Indian receive? 

Dr. Lane. He usually gets a dirty blanket to sit on. 

vSenator Town.send. Have you anything you want to suggest of 
any information you vvant to give "the committee — that is, of the 
work here i 

Dr. Lane. I hardly think so. But I do think that we ought to 
have the sanitary power that the white health officer has. 

Senator Townsend. What would you require if you had that 
powcn' ( 



28 UINTAH AND OUEAY AGENCIES, UTAH. 

Dr. Lane. I think ]\Ir. Johnson [superintendent of the Colville 
Reservation] might have to enlarge his jail over there and get one 
more policeman. I think, also, if examples were made of one or two 
cases the rest would fall in line, and that would be sufficient. 

STATEMEIfT OF B. F. EMEEY, IKDIAN FARMER, COLVILLE 
SUB-AGENCY. 

Mr. B. F. Emery, Indian Farmer on the Colville Reservation, fost 
being duly sv,'orn by the chairman, testified as follows: 

Mr. EMMERY. I realize that Senator Robinson and Senator Town- 
send have not had as much experience in Indian affairs as Mr. Carter 
and Mr. Burke has had when you speak of the ColviUe Reservation. 
Now, this is a little general statement of conditions that I have run 
across in the last four years. The Original Colville Reservation con- 
tain about 3,000,000 acres. About 1892 a portion was set off, known 
as the north lialf, and allotments were made and the balance thrown 
open to settlement, and there was created what is known as the Col- 
viUe trust fund. It left $500 for each man, woman, and child who 
had rights on the Colville Reservation. The reservation is divided 
into districts, and I myself am known as superintendent of live stock. 
We have to keep track of every Indian, know his family, know what 
he is trying to take to market, such as his crops, and try to keep 
whisky away from him, if possible, so that we are not able to give 
much individual attention — as much as we would like to — and we 
fall short in a great many things. We have a lot of trouble with horse 
and cattle thieves, bootleggers, stabbings, and the situation has 
developed until we hardly know where we are at. We can go to an 
Indian house and suggest and request that he better conditions there, 
but we have no real authority to force him to do it. We have no 
authority to compel an Indian to take physical treatment; we have 
no authority to compel an Indian to send his child away to take 
treatment. We have interested the su])erintendent to secure us a 
physician last June, and we are trying to better Indian conditions 
and interest him in agriculture, but it is lack of authority. A short 
time a^o an Indian resisted a search, when he had a pack of whisky 
concealed on him, and the Federal judge decided we had no authority 
to search him notwithstanding statute 145, Revised Statutes, which 
says every agent and employee has the right. That is one of the 
things we have to contend \vith. 

The Chairman. Are there many cases of violations of the Uquor 
laws on that part of the reservation that you are familiar with ? 

Mr. Emery. Up until the last 10 days ago we were safe in saying 
there was one every two hours. 

The Chairman. Do these violations occur among the Indians 
principally or among the white people. 

Mr. Emery. Well, it is brought about by the cooperation of the 
white man. They can not buy it directly fi-om the bar, but in the 
smaller towns there is a great deal of bootlegging carried on. That 
is one of the worst elements we have to contend with. This young 
man [pointing to a young Indian sitting before the commission] 
Pierish MacCreigor wanted a wagon, and he did not want to go to 
Okanogan; that every time he went there somebody wanted liim to 



UINTAH AND OUKAY AGENCIES, UTAH. 2'J 

take a drink. The licensed bars apparently observe the law, but 
there are a great many bootleggers, especially at Okanogan. 

The Chairman. Are the white people in sympathy mth the enforce- 
ment of the law ? 

Mr. Emery. They are indifferent. They know it will hurt then- 
business if it is enforced. 

The Chairman. Is this town dry [Omak] ( 

Mr. Emery. Yes, sir. 

The Chairman. Is the population here principally Ijulian '^ 

Mr. Emery. Yes, sir. 

The Chairman. What towns around this ])art of the reservation 
have licensed saloons ? 

Mr. Emery. Oroville, Brewster, and Okanogan. 

The Chairman. You spoke a while ago about the right of search 
being denied. Upon whose authority was that done? 

Mr. Emery. It was the opinion of the district attorney upon the 
advice of the judge. 

The Chairman. Is the sentiment of enforcing the Hquor laws 
growing ? 

Mr. Emery. The county itself is dry [Okanogan County]. There 
are but four wet spots — Brewster, Oroville, Okanogan, and Twisp. 

The Chairman. Do many of the Indians drink if the oi)portunity 
is afforded them ? 

Mr. Emery. About 90 per cent of them. 

The Chairman. Do many of them get drunk? 

Mr. Emery. Yes, sir. When they get one drink they want more, 
and when they get drunk they want to sell everything they have— 
their saddles, shaps, and everythino; else. One of them who paid $18 
for a pair of shaps wanted to' sell tliem for $3 when he was drunk. 

The Chairman. Do jou know of many drunken Indians who have 
disposed of considerable of their property ? 

Mr. Emery. Some of them have. And they are attractetl to the 
towns by such amusements as the moving-picture shows. I Ijelieve 
that we should have some attraction hke that on the reservation. If 
w-e could have a picture show on the reservation for Saturday nights, 
so that the Indians could go there and stay over and go to church 
the next day, that would help the situation. Those amusements 
could be furnished wdth Utt^e expense. They have them in the 
Reclamation Service with httle cost, and certainly we could have them. 
But we need to pay especial attention just now to getting money to 
build some roads, especia% in that country around Xespelum. 

The Chairman. Are there many bhnd Indians in your district? 

Mr. Emery. We have about seven old bhnd people. Gentlemen 
Hke Representative Burke and Mr. Carter understand that Indian 
loves his children and has great respect for their old blind people. 
One Indian woman wanted to go to see another who was sick, and she 
was only a second cousin of hers. And those old blind people receive 
just as good attention as the Indians can give them. In regard to their 
children. The Indian child's spirit is never broken. If it is away 
and gets sick, the Indian parents want to go right up there and camp. 
We ought to have some kind of hospital, so we can take them there, 
and the Indians would be willing to put their children in there, too. 

The Chairman. This reservation is so large it seems to me that if 
a hospital were estabhshed it would be inadequate to meet the renuire- 



30 UINTAH AND OURAY AGENCIES, UTAH. 

ments you suggest, because it would be so remote from some parts of 
it. 

Mr. Emery. No, not if it is located at Xespelum. It is onl}' a short 
day's drive over there. 

The Chairman. You think that one hospital at Nespelum would 
supply the requirements ? 

Mr. Emery. Yes, sir. 

The Chairman. Do you have any idea what the cost would be ? 

Mr. Emery. I have no means of telhng. 

The Chairman. You say that the saloon men work in collusion with 
the bootleggers? 

Mr. Emery. Yes, sir. I caught one fellow that had eight bottles 
of whisky behind a saloon. I walked out on him and took the 
whisky aw^ay from him. He was brought up and plead guilty to 
attempting to sell whisky and was given one year. ' We tried to get 
him to ''come over," but he would not do it; that is, he refused to 
testify against anyone else. He was hired by the saloonkeeper, but 
we could not prove it. 

The Chairman. He sells on commission ? 

Mr. Emery. Yes, sir. He sells a bottle from 75 cents to S5, and 
there is about 25 cents worth of real whisky in it. 

The Chairman. Do you have great difliculty in convicting the 
bootlegger ? 

Mr. Emery. Yes, sir; we do not have so much trouble in the State 
courts as in the Federal courts. There is a tendency in the Federal 
courts to give the benefit of every doubt to the accused. When they 
are convicted there, they get only about 60 days. Some of them 
get two years. They prefer to go to the Federal courts for trial; so 
much so that the last two I caught wanted to be taken dow^n to Spo- 
kane and tried. 

The Chairman. As to the sentiment, from some things you sug- 
gested yesterday I gathered that there was a feehng among the 
people in this district that the Indian was regarded somewhat as 
public property anyway, and they are not in sympathy with prose- 
cutions for violations of these laws ? 

Mr. Emery. Yes, sir; that is true. Tliis town of Omak was founded 
by people hving at Okanogan w^io did not like conditions there and 
moved down here. When I came here four years ago an Indian could 
ride right into the town of Okanogan and buy a drink at the bar. I 
lost tliis finger over there trying to put a stop to such business and 
came very nearly losing my life several times; but since, it has always 
been possible for the Indian to get his whisky on the outside. 

The Chairman. What would you suggest to remedy these condi- 
tions ? 

Mr. Emery. I have tried every way. We have done everything 
we can, but it is hard in the face of the feelings against me in these 
border towns. 

The Chairman. You said that when an Indian was drunk he 
wanted to dispose of whatever property he could dispose of. What 
title can an Indian give to the purchaser? 

Mr. Emery. Just as good as }ou can. 

Senator Townsexd. Part of your dutic-^ is to go to the Indians 
r.nd teach them agriculture ? 



UINTAH AND OURAY AGENCIES, UTAH. 31 

Mr. Emeiiy. Yes, sir. We devote what time we can to tiieni iiuli- 
vidimllv. We go to hiui and advise him ami Jielp liim sell his crop, 
and encourage him to build fences, and tell him when to plant his 
cro]), and offer to get seed for him, and some of them are very proud 
of the results. I think within the next four or five years they will all 
be practically self-sui)]n)rting. 

Senator Townsexd. Do any of the young Indians go away to 
school? 

Mr. Emery. Yes, sir. A few go to the Tacoma School, Cushman 
School. 

Senator Townsenu. Can you see that they are improved, so far as 
thrift and industry is concerned ( 

Mr. Emj:ry'. Yes, sir. I know of one ease especially. John 
Cleveland, who was secretary for Father De Rouge at the St. Marys 
Mission School, saved up some money, and he asked nie to get the 
father to let him off two weeks to fence his land and get some grain 
to sow^ some wheat. I did, and the results he attained were very 
pleasing to hun. He was very proud of what he had done. 

Senator Townsend. What ])roj)ortion of the Indian children are 
in some sort of school i 

Mr. Emery. Every child that is physically able is or will be in 
school on the 1st day of October; that is, in the 15 townships in my 
district. 

Representative Stephens. The surplus lands are excluded to be 
offered for sale or homestead entry, and there will be no reservation ? 

Mr. Emery. I believe that the timber lands will be held for grazing 
purposes. 

Rejjresentative Stephens. What is the condition of your district 
as to timber? 

Mr. Emery'. We have a great deal of ti;nber in hve towiiships, 
similar to that knov>'n as the big bend country. 

Representative Stephens. Do these lands sell readily ;• 

Mr. Emery. No, sir; because there is little im])rovenient in this 
country at present. 

Rei)resentative Stepuexs. Do the C;)lvilles have tribal funtls I 

Mr. Emery. Yes, sir. 

Representative Stephens. Is there any reason why that fund could 
not be used in sanitary equipment and maintenance '? 

Air. Emery. I do not know^ about that. 

Representative Stephens. There is a law that especially authorized 
the withdrawal of money from the Treasury, the pro rata share of the 
IncUan, and expending this money for his'^care and support, is there 
not? 

Mr. Emery. I don't kiiow\ But we have old Indians who refuse to 
accept money from the Government. We have one blind woman 
named Collet w4io has two blankets and one horse. One winter she 
subsisted on roots. I secured loans for her and she drove me out of 
the house and would have nothing to do with me. She would not 
accept it from any source. Mr. Johnson has placed everything at our 
disposal, but they will not suit. 

Representative Stephens. To what extent do you employ Indians 
for work ? 

Mr. Emery. Well, this young num, Pierish MacCreigor, runs a gas- 
oline engine and separator. 



32 UINTAH AND OURAY AGENCIES, UTAH. 

Representative Stephens. Was this road constructed by Indian 
labor ? 

Mr. Emery. Yes, sir. 

Representative Stephens. What do you pay the Indian ? 

Mr. Emery. S2.50 for the Indian and $5 for the Indian and his 
team. 

Representative Stephens. Have you any hospital facilities for 
trachoma and tuberculosis ? 

Mr. Emery. No, sir. 

Representative Stephens. Is there any reason why the abandoned 
buildings at Fort Spokane could not be used for that purpose? 

Mr. Emery. We want something central; and tliat is too big, too. 
And when the child is away and gets sick it is hard to do anything 
with him. 

Representative Stephens. What is your idea of sending them to 
Arizona or New Mexico for treatment ? 

Mr. Emery. We can do it here. They say here, "If he has to die, 
let him die here." 

Representative Burke. Would it be practicable, in _vour opinion, 
to employ a field matron ? 

Mr. Emery. My experience has been limited to our country, and 
it is too mountainous. We had one and she was not very valuable. 
A few might be but this one was not. 

Representative Burke. What have you to say about the main- 
tenance of the Indian courts — whether it is desirable ( 

Mr. Emery. I look to the Indian courts as the solver of many of 
our problems. They are bitter against the sale of whisky to the 
Indians. One of our chiefs said /'Okanogan all same heU." 

Representative Burke. If y(ni did not have whisky all the minor 
offenses would be overlooked ? 

Mr. Emery. Yes, sir. M\ these offenses are tried in the Indian 
courts. When they get through they give me the facts and I give 
the sentence. 

Representative Burke. Do they determine cases of horse owner- 
ship r,nd the like, and cases of adultery? 

Mr. Emery. Yes, sir. 

Representative Stephens. Wliat is the condition liere as to 
whether (Uvorces are prevalent ? 

Mr. Emery. They are all Catholics. 

Representative Stephens. Wliat force h^ve you under you in 
this district ? 

Mr. Emery. I have two Indian policemen who get about $20 a 
month and daily rations. If I could be given suitable help with 
competent white men who could be used as policemen and at the 
same time go to the Indian and give him individual instruction as 
to how to manage his things and do his work, I could accomplish a 
great deal more than I do. I have only two policemen. 

Representative Stephens. Wliat about the protection to the 
forests ? 

Mr. Emery. I have nothing to do with that at all. 

Representative Burke. Are any of your Indians employed to any 
extent outside of the employment they get from you ? 

Mr. Emery. No, there is no o])portunity. 



UINTAH AND OURAY AGENCIES, UTAH. 33 

Representative vStephens. Are any of IIk; old imliaiis ac<iiiiring 
live stock 'i 

Mr. Emery. They only acquire such hvo stock as they can dispose 
of in the winter. Every Indian has four or five cattle. We have 
some wlio have two and three hundred head. The first thing we do 
for them is to build them a house and furnish them tools, and if they 
can care for stock we get them for them. They get a per capita pay- 
ment of S500. 

The Chairman. In that connection, Mr. Johnson testified tliat out 
of that per capita ]:)ayment some homes had been constructed, and 
that 59 were built during the 'fiscal year 1912. 

Rejn-esentative Burke. You have no way of preventing the Indian 
from leaving tlie reservation and seeking employment elsewhere, 
have you ^ 

Mr. Emery. No, sir. 

Representative Stephens. Do you employ them at the sawmills ? 

Mr. Emery. Yes, sir; I employ them wherever I can. In all of 
our work around the agency we do aH of our A\ork by the Indian 
labor. 

Representative Carter. You said somethmg al)Out the Indians not 
taking the money due them. What are the reasons for that ? 

Mr. Emery. There are several reasons. They — we sold their lands 
without asldng them and 

(Mr Johnson, superintendent of the Colville Reservation, recalled.) 

Mr. Johnson. My experii nee along that line is that they refuse 
because purely of sentiment. They consider that the earth is their 
mother, and to sell it is to sell a part of their mother's body. One 
of them said: ''I can no more sell this land than I can sell a portion 
of my body." That is the feeling among the Colville Tribes. 

Representative Carter. None of the young j^eople feel that way, 
do they, only as they are influenced by the older ])eople ? 

Mr. Johnson. Mostly the old people. But I think that feeling 
will be overcome. One of them, by the name of Antoine, came to 
me last summer when I was holding hearings. He says, ''Now, you 
help me get my money and I will helj:) you do anything you want 
to do." 

Representative Carter. How do you pay this money to them? 

Mr. Johnson. It may be paid to them in the form of vehicles, 
farm tools, implements', houses, and things of that khul. We have 
now in the Treasury approximately $200,000, tribal moneys, which 
is now the ]u-oceeds' of the Colville Reservation. It exists in money 
collected for railroad rights of way and various easements across the 
tribal lands. 

Representative Burke. I understand that it also includes money 
paid in for mining lands. 

Representative Carter. Is there not some lease money ? 

Mr. Johnson. That is not included in that amount I mentioned. 

Representative Burke. Is this an Executive order reservation? 

Mr. Johnson. Yes, sir. 

Representative Burke. How many app icants have they for 
enrollment ? 

Mr. Johnson. One thousand. Eight hundred are pending in the 
department, and I have an accumulation of 150 or more. 
35601— PT 1— ]4 3 



34 UINTAH AND OURAY AGENCIES, UTAH. 

Representative Carter. What is the process of enrollment? 

Mr. Johnson. They hie their applications ^^-iih me amd I investi- 
gate them, present them to the tribal council, which acts upon them in 
an advisory capacity, and then I submit them to the department. 

The Chairman. Do you make a recommendation to the tribal 
council '( 

Mr. Johnson. No, sir: I present the cases to them; they act upon 
them, and then I report the whole matter to the Indian Office. 

The (^HAiRMAN. Have you reported and recommended most of 
them ? 

Mr. Johnson. I have r(>ported SCO. 

The Chairman. How many of that 800 did 3^ou report favorably? 

Mr. Johnson. I do not know. There were three separate reports, 
and I suppose about 500 — over half of them. Approximately half, I 
should say. The tribal council voted favorably on some that 1 did not 
report favorably. There were a few exceptions where I decided that 
the council had voted unfavorably by reason of prejudice. 

The Chairman. You have 150 that you have not reported on {! 

]\Ir. Johnson. Yes, sir. 

The Chairman. Are you familiar enr>ugh with them to tell about 
how many you will report favorably ? 

Mr. Johnson. About one-third of them. 

The Chairman. Has the department acted on any of those 800 ? 

Mr. Johnson. No, sir; they are under consideration there now. 

The Chairman. When were the first ones reported ? 

Mr. Johnson. December ]5, 1911. There were in the neighbor- 
hood of 200 reported at that time. The second lot v/as reported in 
September, 1912 — about 300; and the last lot was reported June 24, 
1913—300. 

The Chairman. Has the time for application expired 'I 

Mr. Johnson. No, sir; no date is set for expiration. I am con- 
tinually receiving applicaticns, and I presume I shall until the de- 
partment achdses me that no more shall be received. 

The Chairman. Are mcst of them full bloods ? 

Mr. Johnson. No, sir; mostly mixed blood. There are a few 
iniermarried wdiites who have hied for adopticm, but they do n(^t 
belong to these tribes of Iiidinns. Some o! them are descendants of 
Indian women who married Frenchmei'« and went to Montana and 
Idaho three or four generations ])ack. But the Indian council has 
claimed that there might be a slip somewhere. Thev leel that the 
(mly proof thej have is the affidavit oj the applicant. 

Senator Townsend. What was your reason lor turning down some 
of these appUcations ? 

Mr. Johnson. In a large number o!' cases they have come to this 
council as Nez Perce Indians. They are related to Joseph's band 
of the Nez Perce Indians and live on this reservation. Of course, 
there is no land for them, and the\ feel that by reason of their rela- 
tion to the Nez Perce Band they are entitled to land I have recom- 
mended against most of that elass of Indians. 

The Chairman. What is your objection to your submitting this 
to the tribal council, and what effect does the report of the tribal 
council have upon your report to the department ? 

Mr. Johnson. I think you misunderstand my method of submit- 
ting these cases. To be enrolled an Indian submits his application. 



UINTAH AND OURAY AGENCIES, UTAH. 35 

I require liiiii to prepare an afiiduvit setting forth his family history, 
the extent of his association and affiliation. When I have a suf- 
ficient number of them to justify it, I summon a tri})al council, 
and I read these aflidavits to the council, but I do not express any 
opinion to the council. The minutes of the council arc kept, if any 
additional investigation is necessary, and then I submit ni> recom- 
mendation to the department. The Indians know nothing of mj 
recommendations to the department because it is made after their 
meeting. The department is not always guided by my r(^commen- 
dations" Sometimes it seems to me that they pay Uttle attention 
to my recommendations. They have full information before them 
and act at their discretion. 

The Chairman. The action of the Indian council is merely advisory 
to you '^ 

Mr. Johnson. Yes, sir. 

The Chairman. How manj bands have you on this reservation? 

Mr. Johnson. The Lake, the Colville, the San Poel, the Nespelum, 
the Columbia, the Okanogan, and Joseph's Band of the Nez Perce. 

The Chairman. How much land does each Indian get on the 
reservation ? 

Mr. Johnson. Eighty acres of agricultural land or 160 acres of 
grazing lands. The child gets the same as a grown person. The 
north half of the reservation was allotted under a different law, and 
each man, woman, and child got 80 acres regardless of the characetr 
of tlie land. 

The Chairman. It will be impossible for you to complete your 
allotment until you get a final report on the enrollment ? 

Mr. JoHNSON."^ Yes, sir. That is one thing that is holding back 
our allotting agent, and causes unjust criticism to the local officials. 

The CiiAiRiSiAN. That criticism comes from people who expect to 
be profited when the allotments are made, does it not? 

Mr. Johnson. Yes, sir. It comes largely from miners whose 
fraudulent claims have been interfered with by the allotting agent. 

Kepresentative Stephens. Do the applicants for enrollment em- 
ploy attorneys ? 

Mr. Johnson. No, sir. 

Representative Stephens. Have any of them made any contract 
by which they are to pay compensation in case they are enrolled ? 

Mr. Johnson. No, sir. 

Representative Stephens. Do the cases now pending have to be 
determined each one upon its own merit, or would a decision in one 
case determine perha])s a large number ? 

Mr. Johnson. I think 90 per cent of the cases would have to be 
determined upon their individual merits, with the exception of the 
Nez Perces who are applying for enrollment. A decision of one of 
those would practically settle all of them. 

Representative Stephens. Do you have jnany applicants for 
patents in fee alleging incompetency ? 

Mr. Johnson. Not many. 

Representative Stephens. There have been some fee patents 
granted ? 

Mr, Johnson. Yes, sir; about 50. 

Representative Stephens. Wliat has been the rseult as to whether 
the Indian conserves his land? 



36 UINTAH AND OUKAY AGENCIES, UTAH. 

Mr. Johnson. 1 thmk 75 ])cr cejit of the Indians have sold their 
holdings, but at least three-fourths of those wlio have sold their 
lands have made <j:ood use of the proceeds. 

Representative Stephens. Do you think there is nuich difference 
betweeji the Indians and the white people as to conservhi«^ what 
may conie to them by inheritance. 

Mr. Johnson. There is a tendency to dispose of that which comes 
easy regardless of the race. 

Representative Stephens, "i'ou have said that sojiie ap])lications 
have been pending since 1911 ? 

Mr. Johnson. Yes, sir. 

Representative Stephens. What has been vour experience mth 
the department in obtaining what is necessary to administer 3^our 
agency ? 

Mr. Johnson. My experience has been very good. The bureau 
has alwaj'S acted on our correspondence very promptly. I do not 
think that an}^ of my requests have been turned dow.n, but we have 
been hampered by a method that the Indian Office has adopted in 
the way of purchases of what is known as Indian Office Circular No. 
675, which requires that all purchases of any considerable amount, 
except emergenc}^ jjurchases, be handled first through the warehouses, 
that is, we procure competitive bids locally and from the warehouses. 
It takes generally six weeks to get bids through the warehouses, and 
then we send in our recommendations. The purchases are made 
and the shipanents come generally from Chicago and St. Louis, and 
it takes about three months to do all this. 

Representative Stephens. Tell us about Dr. Lane's case. 

Mr. Johnson. When Dr. Lane came here it was with the under- 
standing that he was to be furnished with a team, harness, and 
buggy. At that time we had an epidemic of smallpox and one or 

two cases of here, and I considered it important that he get 

a buggy and haniess and get to work. I thought it was an emer- 
gency case, and recommended that circular 675 be waived and I be 
be allowed to purchase a horse and buggy for $125. I was advised 
that I must comply with circular 675; I immediately requested the 
w^arehouse to secure bids. In the course of time this was complied 
with and I made iny selection, but we have not yet received the 
buggy. I can not say off-hand what the status of the matter is at 
this time. I recommended that a certain buggy be purchased from 
the St. Louis warehouse for $80. I don't know what the freight 
would be, but the combined purchase price and freight will be less 
than $125. The expense we have been to here in hiring a buggy has 
been more than enough to overbalance that. 

Representative Stephens. This expenditure of money, Indian 
money, as I understand it — you purchase tools, implements, etc., 
from that, do you ? 

Mr. Johnson. Yes, sir. 

Representative Stephens. Is the Indian required to make his 
purchases at places that may be suggested by you, or some one 
under you, or is he permitted to buy anywhere he wants to, provided 
the price is not excessive ? 

Mr. Johnson. Yes, sir. He is given what is known as a purchase 
order, sa}ang, "Bearer, So-and-so, has been authorized to purchase 
the following articles, not exceeding the price of so-and-so." Some- 



riNT.Mi AND C)LM:A^ AGEXCTES, rTAFE. 87 

times we will omit the price when there is a great range. Some- 
times the Indian fixes out his own order and brings the wagon or 
whatever he buys to the farmer of his district, who examines it to 
see if he has made a good bargain. 

Representative Stephens. Do you require them to ])urchase any 
])articuhir make of implement ? 

Mr. Johnson. No, sir; any make he wants. 

Representative Stephens. Suppose the farmef (h)es not approve 
the bargain ? 

Mr. Johnson. The dealer is advised that it will not l)e paid for 
and the purchase is sent back. But I think we have never had a 
case like that. 

I wish to say that the present law in regard to the liquor traffic 
that it will be a crime to introduce liquor into the Indian country, 
which includes the Indian reservation, does not say that it is a 
crime if one has in his possession liquor in an Indian country. We 
have a great deal of difficulty in proving that liquor has been intro- 
duced. " If w^e find a fellow with a suitcase full of whisky, we can 
not prove that he introduced it there and our prosecutions fail. I 
think that the law should be amended so as to provide that possession 
is evidence of introduction. 

Representative Stephens. Doesn't the statute provide that posses- 
sion of Hquor shall be prima facie evidence of introduction ? 

Mr. Johnson. No, sir. I suggest that remed3^ It has struck at 
the very vitals of our prosecutions here. The law also provides that 
the superintendent, the subagent, or other officer may search the 
vehicle or place of concealment where liquor is supposed to have 
been introduced, but the Federal courts hold that that authority is 
not broad enough to au.thorize the search of the person. 

The Chairman. Ai-e these bootleggers pretty well known, as a rule * 

Mr. Johnson. Yes, sir. 

I want to correct another statement of Mr. Einery's. He said 
that idl the timber lands would be held as tril^al grazing land. That 
is not correct. There w\is a bill introduced into the last Congress 
with that in view, but it did not become a law-, although it sh(ndd 
become a law. 

The Chairman. What is the population of Keller ? 

Mr. Johnson. The white population is not over 50. It depefids 
for its support on local traffic. It is in Ferry County. 

I msh to emphasize the importance of legislation to keep the liquor 
out of this Indian country during the trust period and on the allot- 
ments. After the reservation is opened the little tow-ii sites will 
simply become places for saloons, and the Indians wall be debauched 
altogether. 

STATEMENT OF FATHER DE ROUGE, ST. MARYS MISSION, 
OMAK, WASH. 

Father de Rouge first being duly sworn by the chairman, testified 
as follows: 

Tlie Chairman. Father, how long have you lived in this country? 
Father de Rouge. About 28 years. I am a Frenchman. 
The Chairman. What w^ork are you engaged in ? 
Father de Rouge. Educating the Indians. 



38 UINTAH AND OUEAY AGENCIES, UTAH. 

The Chairman. You are at the St. Marys Mission School for the 
Indians, 4 or 5 miles from here, are you not ? 

Father de Rouge. Yes, sir. 

The Chairman. How long has that been in operation? 

Father de Rouge. About 25 years or more. At first I was at 
Tenasket, and then I established the school here. 

The Chairman. How long have you been conducting the school 
on the present site ? 

Father de Rouge. About 28 years. 

The Chairman. What number of pupils have you there now on the 
average ? 

Father de Rouge. The total enrollment last year was 121. 

The Chairman. What percentage of those are whites ? 

Father de Rouge. Very few. I think we had about 15 white 
students last year. 

The Chairman. Wiat do you teach there ? 

Father de Rouge. A little of everj^thing. Agriculture, reading, 
writing, commercial courses, bookkeeping, and typewriting, and we 
have a little college course for Greek and the sciences. We have a 
boy graduate at Jjacy College. We have two or three following that 
will be bright enough to be college graduates after a while. 

The Chairman. Your school is under the auspices of the Catholic 
Church, is it not 'i 

Father de Rouge. Yes. We have four men teachers for the boys 
and one lady for the maiden class. We have a carpenter shop, farms, 
gardens, and flower gardens; some of the boys are learning masonry, 
painting, drawing, and a little taxidermy. 

The Chairman. Do you graduate pupils from the St. Marys School ? 

Father de Rouge, No; my plans are to get three or four college 
graduates back here for the influence it will have on the other chil- 
dren and set an example for them. 

The Chairman. VVliat number of pupils do you usually have of 
advanced age ? 

Father de Rouge. We had one last year 21 years of age, and 19 
and 18, and down. 

The Chairman. Do you have considerable num.ber over 15 years 
of age ? 

Father de Rouge, "i'es; about one-third. 

The Chairman. Do you have any difficulty about discipline? 

Father de Rouge. Very little. As a rule, they are orderly. 

The Chairman. Do you make any effort to teach sanitation or 
hygiene ? 

Father de Rouge. Yes; we have an infirmary and a hospital; that 
is better than their homes. 

The Chah^.man. Is that the only hospital that you know of on this 
part of the reservation? 

Father de Rouge. Except Okanogan; but that is not on the res- 
ervation. My school is on the reservation. 

The Chairman. Do you find tuberculosis and trachoma very com- 
mon? 

Father de Rouge. Yes. Last year I think we had about 15 boys 
and about the same number of girls. The doctor made a report that 
he found less in mv school than in anv other school. I think it was 



UINTAH AND OURAY AGENCIES, UTAH. 39 

37 per cent of trachoma cases. He did not make a report about 
tuberculosis. 

The Chairmax. Do you come in contact with ])arents of the ])U])ds 
who attend your school 'i 

Father de*^ Rouge. Yes. 

The Chairman. Have you observed whether there has been an 
improvement i.n this ])articular amoiig the mature, grown Indians ? 

Father de Rouge. Yes; in a good many ways; but of course they 
don't know how to do thmgs. 

The Chairman. Have you an o])inion as to whether trachoma is 
increasing here ? 

Father de Rouge. 1 do not think it is. 

The Chairman. When you first came here, 2S years ago, did you 
observe trachoma here then ? 

Father de Rouge. It was called "sore eyes" theji. We never had 
much trouble then. 

The Chairman. When did you first begin to observe trachoma 
among the Indians and begin to consider taking steps to diminish or 
treat it? • i • 

Father de Rouge. About two years ago. I'p until that time no 
particular attention was paid to it". Of coui-se, we had a prescription 
and followed that. But it was called sore eyes then. 

The Chairman. Yours is a boarding school? 

Father de Rouge. Y'es, sir. 

The Chairman. What ])recautions do you take now to |)rcvent the 
spread of trachoma? 

Father de Roi^ge. Each one has his own towels. The racks are 
far enough a})art to have separate towels and not touch each other. 
We have separate wash basins for those under tr-eatment. Then we 
have tlisinfecting tablets for washing. 

The Chairman. Do they readily take those pi-escriptions ? 

Father de Rouge. They are very careless. 

The Chairman. Y''ou could not state what ix'irentage of your 
pu])ils at an earlier time had trarh;>ma ? 

Father de Rouge. No. 

The Chairman. When did you lirst })egin to give attention to 
tuberculosis ? 

Father DE Rouge. Last year was the lirst time. The doctor at- 
tends to that. 

The CiiAiJJMAN. TT|) untU that time you did not exclude anyone 
for tuberculosis ? 

Father de Rouge. No. 

The Chairman. Dr. Lane has stated that while you were away he 
performed operations for trachoma on about 20 pupils. In visiting 
in the homes of Indians do you administer religious rites to them ? 

Father de IIouge. Oh, yes. 

The Chairman. And yo'u hav(> been in the habit of dohig that since 
you came here? 

Father de Rouge. Oh, yes. 

The Chairman. And that is probably what brought >-ou here? 

Father de Rouge. Y'es. 

The Chairman. How is your school maintained ? 

Father de Rouge. By the church. 

The Chairman. Are the pupils required to pay anything? 



40 UIXTAH AND OUEAY AGENCIES, UTAH. 

Father de Rouge. Five cents a meal. 

The Chairman. Does the church contribute anvthing to the sup- 
port of your school. 

Father de Roi(}E. We have a regular* fund for mission kept by 
the Catliolic Bureau in Washington. Mother Drexel has been helping 
me some. 

The Chairman. Do you unchu-take to teacli the idea of self support. 

Fatlier de Rouge. Yes. 

The Chairman. What have you observed wdth reference to the 
pupils that have gone through your school in regard to thrift and 
industry 1 

Father de Rouge. We (hd not have so many to leave school be- 
cause it was so hard to get them to stay with the school. 

The Chairman, ^'^liat do yora- pupils do as a rule when they get 
out of your school ? 

Father de Roucje. Go to their allotments, or stay on the reser- 
vation. 

The Chairman. Do you find any difference between the Indians 
who attend your school and those who do not attend it ? 

Father de Rouge. Yes; for instance, this Indian superstition is 
dying away when they get where they can learn better. One Indian 
who had been to my school when he went l)ack home he objected to 
the medicine man treating them. 

The Chairman. What are their habits with reference to the manner 
of living in their homes as compared with the Intlians who have not 
had the advantages of your school training ? 

Father de Rouge. There is not such a great big improvement as 
yet. We have not turned out enough large boys and girls yet. 

The Chairman. What are the clifficulties you have in the work 
which you have pursued so long and so forth 'I 

Father de Rouge. Of course, you can not expect that the old ones 
would readily take an education, and when the girls get about 14 
they want them to marry. They used to sell their girls, l)ut they do 
not do that now. 

The Chairman. How long has it been since you heard of anything 
like that? ' ' • - 

Father de Rouge. Several years. One trouble is to get them back 
in school. I open mj- school the 1st of September, and three months' 
vacation is too much. When they get out for vacation the boys go 
out in the cam])s with them to the little towns and they get drunk and 
that has a bad effect on the boy and it is ha id to get him back in 
school. As Mr. Emery stated, they have only two" ])olicemen here 
and they can't make them go to school. 

Senator Tow^nsend. Do you have anyl)ody in your school who are 
not Catholics ? 

Father de Rouge. Yes, sir. We have made no difference. We 
have white persons there, but there ai'o few on this side of the reser- 
vation. 

STATEMENT OF PIERISH M'CREIGOR (INDIAN). 

Pierish McCreigor, first being (kdy sworn hy the chairman, testified 
as follows : 

Mr. McCreigor. I am a ([uarter white and three-quarters Indian of 
the Okanogan Tribe. I have ])een raised in this locality. My pai cuts 



UINTAH AND OURAY AGENCIES, UTAH. 41 

are dead. 1 caii not say just how old I am. I work aroimd at any 
kind of work I can lind. I liavc boon haying, harvesting, and feeding 
cattle and horses. 

The Chairman. How far from (Jkanogan and Omak have you 
been in the habit of going for work? 

Mr. McCiiEiGOR. I have not been on the outside very much. I 
have been to Nesjielum. I have been to Fort Si)okane once. 

The Chairman. What other towns have you visited that you re- 
member ? 

Mr. McCreigor. Republic, Oroville, Loomis, and Night Hawk. 

The Chairman. Did you ever go to school? 

Mr. ]\1cCreigor. Yes, sir; about three years at Tenasket and at 
the mission a year and a half. I was in school about seven or eight 
years hi all. 1 read and write. I (k) not vote, and never have voted. 

The Chairman. Are you pretty well acquainted with the Indians 
in this district ? 

Mr. McCreigor. Yes. 

The Chairman. Do you hear complaints :is to conditions among 
the Indians? 

Mr. McCreigor. Not very much. Everything I hear I don't pay 
much attention to. 

The Chairman. But I want to know what you have heard. Go 
ahead and state them. 

Mr. McCreigor. I generally forget most of them. 

The Chairman. Do they complain about having to take their 
allotments ? 

Mr. McCreigor. Some of them. 

The Chairman. What do they say about them ? 

Mr. McCreigor. They have not got much to say about that but 
there are a few who do not want to take their allotments. 

The Chairman. Do they say why? 

Mr. McCreigor. No. 

The Chairman. Do you drink ? 

Mr. McCreigor. Yes, sir. 

The Chairman, Did you ever get drunk ? 

Mr. McCreigor. Once in a while. 

The Chairman. How many of the Indians that you know are in 
the habit of drinking ? 

Mr. McCreigor. I can't tell you, but there is more than one. 

The Chairman. How do you get your liquor? 

Mr. McCreigor. I have been working out and go into town and 
there will be a lot of my friends there and they wiU ask me to have a 
drink. They are mostlv Indians. I don't know how they get it. 

The Chairman. Do the Indians help to enforce the hquor laws ? 

Mr. McCreigor. They work to get around it. 

The Chairman. They love whisky and want to feel good over it* 

Mr. McCreigor. Yes, sir. 

The Chairman. Do you ever get any bootlegger's whisky? 

Mr. jSIcCreigor. Yes; once in awhile when I am traveling. 

The Chairman. How many bootleggers do you know i 

Mr. McCreigor. I don't know. I have seen lots of them. 

The Chairman. They are mostly white people? 

Mr. McCreigor. Yes, sir. 

The Chairman. Are there many of them around here now ^ 



42 UINTAH AND OURAY AGENCIES^ UTAH. 

Mr. McCreicou. Quite a hunch of thcMu. 

The C'haikman. Whore do they stay? 

Mr. McGreigor. Around the country. 

The Chairman. Do they live in the towns or in the country? 

Mr. McCreigor. They hve at Okanogan. They liave saloons there. 

The CHAiRjrAN. Do you drink in the saloons? 

Mr. McCreigor. No; they won't allow me in there. 

The CnAnniAx. What pro])erty do you own l)esides your allotment ? 

Mr. McCreigor. 1 generally have a saddl(> horse or two. 

The Chairman. Have you a family? 

Mr. jMcCreigor. No. 

The Chairman You had a httle troul)l(^ lately, (Ud you not? 

Mr. McCreigor. Yes. 

The Chairman. You are in jail now? 

Mr. McCreigor. Yes. 

The Chairman. Were you drunk when vou got into that trouble? 

Mr. McCreigor. No; drinking a little. 

The Chairman. Do you observe that Luhans have most of their 
trouble when they are drinking. 

Mr. McCreigor. Yes; when they feel good and don't care what 
they do. 

The (^hairman. Do you or any other Indians take any other drug 
besides whisky ? 

Mr. ]\IcCreigor. Most of them used to drink Jamaica ginger. 

The Chairman. What do the Indians eat ? 

Mr. McCreigor. Deer, grouse, bear, or something like that. 

The Chairman. Do they eat l)eef ? 

Mr. McCreigor. Once in a while. 

The Chairman. Do the Indians in this country have all they need 
and want to eat? 

Mr. McCreigor. There are a very few that are not well fed. 

The Chairman. How do you think the Indians are getting along 
as compared to when you were a boy ? 

Mr. McCreigor. They are doing better than they used to. They 
raise lots of garden stuff. They commenced to raise gardens four 
years ago. 

The ('hairman. How does Mr. Emery get along with the Indians? 

Mr. McCreigor. Pretty good 

The Chairman. Do they believe in him { 

Mr. McCreigor. Most of them. 

The Chairman. Wlio complain of him f 

Mr. McCreigor. The drinkers. 

The Chairman. Do you say the Indians who do not chink l)elieve 
in Mr. Emery ? 

Mr. McCreigor. Yes. 

The Chairman. Those who do not like him ? 

Mr. McCreigor. Don't like him. 

The Chairman. Have you noticed anything about these diseases 
among the Indians ? 

Mr. McCreigor. No; I do not know about that. 

The Chairman. You don't know whether there are more sick than 
there used to be ? 

Mr, McCreigor. No, sir. 



UINTAH AND OURAY AGENCIES, UTAH. 43 

The L iiAiKMAX. If a place was estuhlished ;;t NeHi)eluni to doctor 
the Indians who have diseases, do you think the Indian parents who 
have sick chikh-en wouhl k^t thein o;o there for treatment ^ 

Mr. Mc<:'reigor. Most of them might. Some of them woukl hang 
on to them. 

The Chairman. Would the\ want their cliildren carried away to 
he treated i 

Mr. McCrei(;or. Xo, sir; I don't think they v^ould. 

llie Chairman. Do you know Dr. Lane ^ 

Mr. ^IcCreigor. Yes, sir. 

The Chairman. Does he go al)out among tlu> Indians very iiiuch? 

Mr. McCreigor. Yes. 

The Chairman. You never heard talk about what h(> is domg^ 

Mr. McCreigor. No, sir. 

The Chairman. Do you know Mr. Johnson t 

Mr. McCreigor. Yes, sir: the first time I saw him was last fall at 
the council. 

The Chairman. What tribes were there ^ 

Mr. McCreigor. All were there that are on this reservation. 

The Chairman. Did they have a good meeting? 

Mr. McCreigor. Yes; pretty good. 

The Chairman. IIow do the Indians hke Johnson ? 

Mr. McCreigor. Pretty good. 

The Chairman. Do yoii know Mr. Avery '. 

Mr. McCreigor. No. 

The Chairman. Do you know of any particular things on the 
reservation that have happened lately that you think were ^vi'ong? 

Mr. McCreigor. No, sir. 

The Chairman. Have you seen any prospectors for mines in here? 

Mr. McCreigor. No. 

The CHAiRiiAN. Do the w^hite men and the Indians have any 
trouble about cattle ? 

Mr. McCreigor. Not that I know of. 

The Chairman. Is there much hunting on the reservation^ 

Mr. McCreigor. I don't know. 

The Chairman. Have you seen many white hunters i 

Mr. McCreigor. There is a good many of them. 

The Chairman. Is there much timber on the reservation ( 

Mr. McCreigor. A good deal. 

The Chairman. Have you heard anybody say anything about 
taking timber that did not belong to them ? 

Mr. McCreigor. No. 

The Chairman. Have you talked lately with Indians who had 
anything to say about how things are going on here ? 

Mr. McCreigor. No. 

The Chairman. Do the Indians w^aiit the surplus lands sold and 
white people settle among them ? 

Mr. McCreigor. I don't know. There is a good many of them 
who want to hold the reservation and don't want the white settlers to 

came on. i ■ i, o 

Senator Townsenu. What do some of the Indians complain about ^ 
Mr. McCreigor. I don't know. 
Senator Townsexd. Haven't you heard any of the Indians hud 

fault \\nth Mr. Johnson ? 



44 UINTAH AND OURAY AGENCIES, UTAH. 

Mr. McCreigok. No. 

Senator Townsexd. All of the Indians you have talked with think 
that they are being treated all right, do they ? 

Mr. McCreigor. Yes. 

Senatar Towxsend. Do yon think that you have been treated 
all right? 

Mr. IMcCreigor. So far. 



Department of the Interior, 

Office of Indian Affairs, 

Washington, February 7, 1914. 
Hon. Joe T. Robinson, 

United States Senate. 
My Dear Senator: In accordance with your informal reqi:est of this date, I have 
the honor to transmit herewith a copy of office letter dated Febr ary 5, 1914, addressed 
to the Indian delegates from the Colville Reservation, Washington, answering certain 
complaints and inquiries made liy them to tliis office. 
Very Ir; ly, yoi;rs. 

E. B. Meritt, 
As.nstan t Commissioner. 



February 5, 19H. 
Mr. Joseph Thomas, 
Mr. Paul Smitken, 
Mr. Joe Moses, 
Mr. Jim Homas. 

Colville Indian Delegates, Washington, D. ('. 

My Friends: The office has considered carefully the statements made by you on 
Febn ary 3, 1914, relative to the affairs on the Colville Reservation, and the following 
answers are made to yoi.r complaints and inquiries in order that you may have full 
information and may advise your people in regard to these matters. 

1. Protest to opening of reservation. — In order that you may understand fully why 
yoi r reservation is to be opened to settlement, the following brief history of the agree- 
ment with yo r people is given. 

Under tlie agreement of May 9, 1891, the Indians of the Cohdlle Reservation ceded 
to the United States the northern part of their reservation, for which Congress, by act 
of June 21, 190G (34 Stat. L., 377), appropriated $1,500,000 to pay them for the lands 
so ceded and opened to settlement. 

By a fi rther agreement of December G, 1905, known as the McLa;;ghlin agreement, 
your people relinquished to the Government all their right, title, and interest in and to 
the so'.th half of yoi r reservation, and Congress, by the acts of March 22, 1906 (34 
Stat. L., 80), and J.ne 21, 1906, supra, adopted these agreements. 

The said act of March 22, 1906, provided for the allotment and disposition of j^our 
surplus lands, and that the proceeds derived from the sale thereof should be credited 
to the tribal funds for your use and benefit. Further, section 4 of the act reads: 

"That the said lands shall be opened to settlement and entry by proclamation of 
the President, which proclamation shall prescribe the time when aiid the manner in 
which these lands may be settled upon, occupied, and entered by persons entitled 
to make entry thereon." 

These lands will not be thrown open to settlement and entry until after the allot- 
ments have been made to all members of the tribe entitled, and the remaining or 
surplus lands shall have been classified and appraised as required by the act. How- 
ever, the office is powerless to prevent the opening, as it must carry out the law as 
passed by Congress. 

As you and your people in making the agreements referred to gave your assent, 
and Inspector McLaughlin reported that there was not the slightest opposition mani- 
fested to the act of June 21, 1906, under which the lands are to be thrown open, it 
does not appear that you and your people are being treated unjustly by the opening 
of the reservation. 

The office sympathizes with you in the loss of your chief a year or so ago. There 
ai'e, however, other good men among your people on the reservation, who are capable 
of leading, aTid are anxious and willing to aid in the work of having the members of the 



UINTAH AND OUKAV AGENCIES, UTAH, 45 

tribe tak(> tlieir lands and estal)lisli lionies tliere-m in order that tiiey niay l>e properly- 
fitted to take their places as individuals with the white civilization which is soon to 
be admitted among them. \onr superintendent and ex-Supt. A\'ebster are both men 
who have your best interests at heart, and are doing all in their pcnver to aid you and 
your children in this matter. Should you be mistreated by the whites or (others, you 
should at once go to your superintendent and give him all the facts, in order that he 
may advise you or take such other action as may be proper. 

2. Timber matter.^. — The reference to comjdaint about timber mattcis n'.uiic by Jim 
Homas is not sufficiently clear to enable the lilic e to make an iiilelligcuil an.-^wer. If 
he will make such complaints as he may have with reference t./ tinil)cr to Supt. 
Johnson, they will at once be carefully investigated and a report will be made thereon 
to the office to the end that any injustice that may have been done you or any of yoiu- 
people may be remedied. A carbon copy of this letter will be ser.t to your Superin- 
tendent, who will be directed to take up and investigate all matters of com])laint 
i-ef erred to him for such action. 

As general information concerning limber on the ( olvillc Reservation, you ai'e 
advised that Indian timberlands, both allotted and unallotted, are managed under the 
regulations and instructions for officers in charge of Indian iieservations approved 
June 29, 1911, by the Secretary of the Interior in accordance with authority conferred 
upon him b;,- sections 7 and 8 "of the act of Congress of June 25, 1910 (oG Stat. L., 855, 
857). These regulations provide that Indians may take timber from unallotted lands 
for their own use free of charge; that they must, when cutting timber from tribal lands 
for sale, pay its stunipage value wliich is deposited in the tribal fund, and that the 
proceeds from the sale of such timber as may be cut on allotted lands b_. Indians 
shall be placed to the credit of the allottee. 

Under the regulations mentioned any properly enrolled Indian of the reservation 
ma,' cut as mucii tind^er on his allotment as is needed for the construction of houses, 
barn, fences, etc., provided, permission is obtained therefor from the superintendent 
or this off.ce. Further, the timber must be cut under tlie super-,isiou of tlie super- 
intendent, v^ho is charged with the duty of seeing that the hidians do not waste timber 
in any v.' ay. 

The requirement that Indians shall pay for timber which they cut from tribal lands 
for sale is considered fair to all the Indians, since each member of the tribe has an 
equal share in the tribal property, and one or a few Indians should not be permitted 
to sell tribal property and place the money in their own pockets. 
. 3. Hunting and fishing. — With respect to the complaint of Jim Homas that he is 
prevented from hunting and fishing by "Washington's will," you are advised that 
you and your people are entitled to hunt and fish on the diminished Oolvdlle Reserva- 
tion whenever they desire, but they can not hunt outside of the same without com- 
plying with the laws of the State of Washington, the same as w^hite persons are com- 
pelled to do. 

The department has, however, urged upon the various superintendents in charge of 
Indians the necessity of having the Indians while hunting on the reservation comply 
so far as practicable with the requirements of the game laws obtaining outside of 
reservation lands. This was done in the interests of and protection for the Indians 
themselves — so that game could be conserved on the reservation as long as possible 
as a food supply for the Indians and their cliildren. 

Should you desire information as to the exact provisions of the State game laws, 
and just how far you or any of your people should go in hunting, you should go to 
your superintendent, who is fully informed and will advise you. 

4. Complaint about a saw and a' flour mill, blacksmith shop, and shoeing of the horses. — 
Concerning yom- statement that you are required by the blacksmith to put on the 
horseshoes made by him, you are informed that you should not expect the black- 
smith, who probably has all the work he can do, to shoe your horses when you are 
able to do the work." Of course, if you or any of your people are uanble to shoe horses, 
you should take the matter up with your superintendent and he will see that the 
horses are properly shod and that you are taught how to do it yourself. 

In general it may be said that the regulations relating to agency sawmills were 
formulated so as to serve the best interes"ts of the Indians. No profit for the mill is 
expected upon timber cut from tribal lands and sold to Indians for their personal 
use. However, it is required that Indians who have lumber cut at the mill or pur- 
chase lumber at the mill for their personal use shall pay what it has actually cost to 
procure that lumber; therefore, when an Indian has logs sawed at the agency saw- 
mill it is usuallv more convenient for him to pay the cost of this work with a part of 
the lumber. In such cases it has been found that a fair toll for sawing lunaber on 
most reservations is one- third of the lumber sawed, or, as Joe Moses says in his com- 
plaint, "one out of every three boards." 



46 UINTAH AND OURAY AGENCIES, UTAH. 

5. Complaint relative to irrigation ditches.— In answei^ to your statement that irri- 
gation ditches have been built and your property therefore taken away, you are ad- 
vised that the only irrigation work 'so far undertaken on the Colville Reservation 
is the construction of a small ditch by the superintendent for the irrigation of gardens 
about the agency, for which the sum of $1,175 has been set aside. However, field 
irrigation officers have undertaken surveys of the reservation for the purpose of de- 
termining what portions are available for irrigation, what the expense will be, and 
the good'to be accomplished, and the number of Indians to be aided. As the work 
indicated is still in progress, a report therefrom is not expected until next year. 

There U no disposition whatever on the part of either the department or the field 
irrigation service to do work contrary to the wishes of the Indians, and all that has 
been undertaken is solely for their benefit. You and your pet.ple appear from the 
reports of field officials to be progressive, and are said to have shown a very gratifying 
aptitude for farming. The offic"e, therefore, believes that your people will, as soon 
as they fully know what is contemplated by the irrigation surveys now being made, 
not only be willing to have irrigation ditches constructed, but urge_ that the system 
be extended to cover as many acres of land requiring water as pr.ssible. Of course, 
should any of the Indians of the reservation be damaged by irrigation work on the 
ditches which may be constructed, this matter should be taken up by them with the 
superintendent. 

6. Request for funds from rights of way and cattle grazing. — In reply to your request 
for a statement as to what is done with certain moneys which arise from various mis- 
cellaneous sources about the agency, you are advised that such moneys are deposited 
in the fund designated "Indian Moneys, Proceeds of Labor," and are, therefore, 
subject to expenditure under authority from this office for the benefit of the Indians. 
As you know the agency is maintained for the sole benefit of yoiir people, and what- 
ever money is expended on behalf of it, of course, results for your benefit. These 
expenditures are but right and just, as the Indians should contribute to their own 
sup ort and care so far as they are able to do so. 

7. Money for determination of heirs. — In answer to your complaint that your people 
do not wish to pay $15 to the Government for determining heirship in settling deceased 
Indians' estates, you are advised that the act of Congress approved June 30, 1913 
(Public, No. 4), provides that there shall be paid by the heirs of deceased Indian allot- 
tees, or from il:e estate of such allottees, the sum of $15 for the determination of the 
heirs. 

Heretofore in many instances where estates were probated in the local courts the 
attorneys were paid various sums, ranging^ from $25 to $75. You will, therefore, see 
that the legislation mentioned will result in a great saving to your ])eople. 

As Congress has directed this off^ice to make the charge indicated, there is no way 
in which you could be relieved therefrom. 

8. Heirship lands of wife of Jim Homas. — Concerning the complaint of Jim Homas 
that his wife failed to get her share in the allotments of her three deceased sisters, 
you are advised that the rule of descent under the laws of the State of Washington 
which give in such cases the brothers and sisters the inheritance only where there is no 
surviving issue or father or mother of the deceased Indian. However, as the office 
is unable at present to make a more specific answer concerning your wdfe's case, this 
matter will be referred to your superintendent for proper investigation and report, 
and you will be advised through him of what, if any, relief can be granted. 

9. Complaint relative to thrashing machines. — With respect to tliis luatter you are 
advised that on August 1, 1913, the department authorized the superintendent to 
expend $3,293.50 from the fimd "Proceeds of Colville Reservation, Wash.," in the 
purchase of three thraslnng macliines, engines and gasoline to operate them. One of 
these machines was to be used in the Nespelem district, one in the Rogers Bar dis- 
trict and the other in the Okonagan district. This money was derived from the sale 
of surplus lands and then used for the promotion of education, civilization, and self- 
support of your people as authorized by Congi-ess. Section 3 of the act of March 3,. 
1875 (18 Stat. L., 449) provides that in distributing supplies the superintendent shall 
require of able-bodied male Indians that they perform labor equal in value to the 
siipplies disbursed; and when your superintendent charges the Indians for the thrash- 
ing he does for them, he is only trying to accomplish and carry out the real practice 
and intention of the act referred to — namely, that of teaching the Indians to become 
self-supporting and accustomed to paj ing for what they get just as they will have to 
do when the Government withdraws its guardiansliip from their affairs. This practice 
is also being joursued at other reservations, and any money that the Indians pay for 
similar services is retiirned to the credit of the tribe 

10. Failure of supsrintendent to protect Indians. — With respect to your statement 
tliat the su]ierintendent was to be sent to the reservation for your use and to be under 



UINTAH AND OUEAV AGENCIES, UTAH. 47 

vou, yoii are advised that yoii are surely mistaken. 'Plie 8U])erintendeiits of agents 
who are selected by this office for the purpose of guiding and aiding your people are 
sent to the Indians to teach them to look out for their own interests and to see that 
their property rights are fully protected. As yoii can not, in a great many cases, 
know what isbest for your peo])ie, the Indians of the reservation would be the losers 
should he be compelled to follow their dictates. Of course, it is right for you to go to 
your superintendent wlien }-ou want anytliing to which you are entitled and to tell 
him fully about it and you "should listen to his advice and be governed accordingly. 

The office is always willing to listen patiently to your com])laints, and to answer 
letters from you, and is of course anxious to hear from you Bhould any wrongs be done 
you. In all such cases, however, you should give all the facts in order that the office 
may be in a position to make a proper investigation. As you yourself will easily 
understand, any complaints that you may make against your superintendent will 
have to be referred to him in order that he may be given an opportunity to answer 
them This is but fair to him, and what you yourself would expect should complaints 
be made against you, and to which you have no knowledge. 

If you know of any real instances where you or any of your people have been mis- 
treated or imi)roperly dealt with by the superintendent, and will furnish the office 
all the facts and submit your charges with such evidence as you may be able to ob- 
tain, the matter will at once be taken up and thoroughly investigated. 

11. Complaint relative to action of B. F. Emery in whisky cases.— Your statement 
that Mr. Emery hires Indians to get whisky for him and then arrests the man that 
sells the liquor" to the Indians seems to the office to be without merit. As you may 
be aware, the office is doing all in its power to stop the liquor traffic and to stamp out 
the evil of whisky drinking among the Indians. 

Mr. Emery and all other employees in the service are fully advised that it is un- 
lawful to sell liquor to Indians, and are required to do all in their power to apprehend 
and bring to justice those who supply your people with liquor. 

The office expects you as influential men among your jjeople to aid it in the sup- 
pression of the liquor traffic, and in giving information, and in eveiy other way in 
bringing offenders to justice. 

Your statement that Mr. Emery gets money for his work of prosecuting liquor m.en 
is too indefinite to warrant the office in investigating it. However, if you can give 
full facts and support your charges by evidence, the matter will be promptly looked 
into. 

12. Whites opening stores on reservation. — The act of Congress api)roved August 15, 
1876 (19 Stats. L., 200) provides that the Commissioner of Indian Affairs shall have the 
sole power and authority to appoint traders to the Indian tribes. Further, the acts of 
March 3, 1901 (31 Stat., 1065) and March 3,1903 (32 Stat., 1009), provide that any 
person who establishes to the satisfaction of the Commissioner of Indian Affairs that 
he is a proper person to engage in trade with the Indians shall be permitted so to do. 

From the acts of Congress above mentioned you will see that this office has authority 
to appoint traders. However, in making appointments of this character, the utmost 
care is exercised to select persons whose past records and reputations indicate that they 
may be relied upon to deal honestly with the Indians and comply strictly with the 
regulations. Your people therefore need have no fear as to the appointment of 
traders, and should any persons be appointed and afterwards found to be unfair and 
dishonest in their dealings with the Indians proper action will be taken upon complaint 
tlirough yoiu' superintendent to see that your interests are fully protected. 

13. Trespass on reservation by -miners.— With respect to your complaint that miners 
enter the reservation and locate mines thereon without your consent, you are advised 
that there is no authority of law which would permit whites to enter the diminished 
reservation for the purpose indicated. Should you have knowledge of any persons 
entering the reservation for the purpose indicated you should at once report the facts 
in full to your superintendent, who will take prompt and proper steps looking to their 
removal. 

14. Tribal funds.— With respect to your statement that you do not get tribal funds 
due you and "that your superintendent gets a percentage, which he pockets, from your 
transactions at the traders' store, will be taken up with the superintendent, who will 
be called upon for a full report. 

15. A Uotment of Peter Sarsarpkin.— You are advised regarding the allotment of Peter 
Sarsarpkin under the Mf)se8 agreement that it is presumed that reference is made to 
Peter or En-how-chin, who is said to have been a son of old Chief Sarsarpkin by his 
first wife, Kun-un-tit-qua. Some of the Indians have informed Inspector Dalby that 
Peter was the son of Charlotte, who claims to be a half sister of Chief Sarsarpkin. For 
some reason unknown to this office no allotment was made to Peter under the terms of 
the Moses agreement. In one of his reports Inspector Dalby said that Old Chief (Sar- 



48 UIXTAH AND OUKAV AGENCIES, UTAH. 

sarpkiu* did not wish to have Peter allotted at the time the other alktineiits were made. 
Subsequently, however, it appears that allotments were made to Peter, Charlotte, and 
Sophie (daughter of Charlotte) under section 4 of the general-allotment act, the tract 
allotted to Peter containing 155.52 acre?. These three allotments are contiguous and 
are located between the Moses agi-eement allotments Nos. 4 and 5 in T. 38 N., R. 25 E., 
as shown on the plat of said township in this oflice dated February 26. 1907. Allot- 
ment No. 1 of Chief Sarsarpkin lies to the south ot the allotments of Peter, Charlotte, 
and Sophie, and allotment No. 6, belonging to the chief, lies to the north. 

The office h;>.'^ been pleased to see and talk with you and hopes that you will profit 
by the advice tiiv.-n in this letter, and that you will aid in the uplift of your people and 
in making them better men and women. 

A carl)cn of this letter and also of the hearing had with you will be sent your super- 
intendent in order that he may know what was said in the hearing and that he may 
take up all matters that are herein referred to f(>r investigation and report without 
further instructions. 

In accordance with the request of Joe Moses, the map of the Colville Reservation and 
certain other papers left by him are herewith returned. 
YoiM- friend, 

Cato Sei.ls. (Jommisnoner. 



St. Mary's Mission, 
Mitii.inv, Okanogan Cniinii/. Wa h., November 9, 1913. 
Hon. C. I). Cartku, 

ITa king ton, D. C. 

Dear Siii: \Ylien Ave parted at Omak this fall, you told me to wiite to y^ou. I was 
very sony you could not come yourself and see the Mission. Senator Robinson was 
very kind, and I think pleased with his visit here. 

He met several Indians, or breeds, who did not know if they would be admitted 
to the i-eservatiou or not, after waitiiig such a long time to find out. Since, some have 
l;een notified that they were admitted, and others that they are rejected. 

Among these are several Indian children in my school, and I feel sorry for them. 
These children are certainly Indians, or of Indian blood, and will find themselves 
without land in the United States. It does not look just, in the same time the land 
left around here will pass to the whites. 

I have sent to Senator Ro])inson all the reports in the cases mentioned, as he had 
asked me to do. You can get them from him. He met some of the interested parties 
here at the mission . 

Of course, the parents of the childicn here are asking me if I can not try to help them 
out, and I feel like to do what I can, that is to apply to you and to Senator Ro])inson. 
Some of the reports, in the first place, were not very correct, and long ago I have tried 
to represent things Isetter, especially when Inspector McLaughlyn was here and asked 
me to do so. That was over a year ago. He also has all my reports. 

Some of the breeds wanted to take lawy^ers to fight their case, but I have always 
dissuaded them to the last. I think the Government can do them justice without 
going to law. Yet I am sure some will do it in the end. 

They ask now that a man would be sent here to reinvestigate their claims, and if a 
man was impartial, and in favor of the poor Indians, it seems to me that some rights 
could be established. 

Such an investigation should be made right here, where they can get easy their 
witnesses. If not, it requires expenses to get them. I do not like to have my name 
used if possible, as I do not mean to mix with other people's business, but I only tiy 
to help our people if it is possible to do so. So I leave everything to your good judg- 
ment and prudence. 

The Senators told us that an inspector woidd be sent here, and so I tell the people 
to wait till he comes and see what he can do for them. 

Anything you tliink proper to suggest and ad^^.se me to do in the matter will be a 
favor to me. 

I wish you all possible success and good health. 

Yours, respectfully, E. de Rouge, S. J. 



UIXTAJrl AND OUHA'i AtiKNCIES, I'TAll. 49 

Dki'Ahtment Of THE Intekiok, 

Office op Indian Affairs, 
Washington, December 19, 1913. 
Hou. Joe T. Kobinsox, i'nilid Slulcs iScnuh. 

My Dear Senator: The ciffice has the honor to acknowledge receipt of your letter, 
dated December 6, 1913, inclosing one from Father E. de Rouge, of Mission, ^^'a8h., 
who refers to the recent action of the department in granting authority for the enroll- 
ment of a large number of persons, mainly of Colvilie blood, \vith the Confederated 
Coh-ille Tribes, and says that many other applicants w^ere denied such rights by the 
decision mentioned. He adds that som.e of the mixed breeds whose applications 
were rejected wish to employ lawyers to fight their cases and that they have asked 
to have an impartial officiafof the Government sent to the Colvilie Reservation to 
investigate the matter and do them justice. 

By the act of June 21, 1906 (34 Stat. L., 377), Congress appropriated one million 
aud'a half dollars for the lands of the north half of the Colvilie Reservation. In the 
spring of 1909 the department directed that steps be taken to disburse this money 
pro rata among the Confederated Colvilie Tribes, and the superintendent of the Col- 
\nl\e School was directed to prepare the necessary pay rolls. The corrected rolls were 
finally submitted to the department and approved October 17, 1910, and steps were 
then taken to disburse the monev referred to. Following this action, a large number 
of mixed-blood Indians who hadljeen residing in the Colvilie Valley and other places 
removed to the reservation, or at least presented themselves for enrollment before 
the tribal council, in order that thev might share in the said proceeds and also receive 
allotments of land. Their cases were very carefully considered by various tribal 
councils, and in the summer of 1911 the office submitted to the department 162 appli- 
cations for the rights indicated, with .the result that they were all remanded on 
August 25, 1911, to the superintendent in order that the council could again express 
its wishes with respect to admitting these persons to membership. The cases were 
again re\dewed bv the council, which voted for or against each applicant, and were 
likewise in some" instances reinvestigated by the superintendent. September 21, 
1912, he returned the remanded applications with a large number of additional appli- 
cations, embracing more than 330 cases. The office thereupon very carefully weighed 
the evidence in the case of each application and submitted the entire matter to the 
department on August 5, 1913. September 26 last the First Assistant Secretary 
approved the views and recommendations of the office in each indicated case, and 
the superintendent was fully advised and directed to infonn all persons in interest 
of the decision of the department and the reasons therefor. 

In view of the careful consideration given by the tribal council representing the 
Confederated Tribe and tlie investigation by the superintendent and the close scrutiny 
given each case bv the office to the end that no injustice whatever might be done, it 
does not seem that any further action could be taken toward reviewing any of the 
adverse decisions, unless the denial in any case was based upon a mistaken belief as 
to the facts, or that material facts have com<^ to light not present at the former considera- 
tion. No attorneys need be employed in any case, and should an applicant denied 
the rights indicated be able to establish satisfactorily that there was a mistaken belief 
aa to the facts, or that there has been newly discovered facts wliich would com})letely 
change the status of the case as set out in the decision rendered, such applicant should 
immediately take the matter up with the superintendent of the Cohille School, who 
will in\esiigate the merits of the motion for re\iew and transmit the same to the office 
for ajjpropriate action. 

I am of the opinion, and I believe you will agree with me in %iew (if the situation as 
neretofore set out, that it will be unnecessary to send an inspector to the reservation to 
make a further investigation. 

Should you desire to take up the matter more in detail, I will be pleased to com- 
municate further A'.ith vou in regard thereto. Father de Rouge's letter to Hon. C. D. 
Carter, dated November 9. 1913. is returned, and a carbon of tliis answer is funushed 
for your convenience. 

Verv trulv. vours. 

Cato Sells, Commissioner. 



December 22, 1913. 
Rev. E. DE Rouge, 

Mission, Ohinogan County, Wash. 
Dear Father de Rouge: Again refemng to the subject matter of Congressman 
Carter's letter, which was a short time ago submitted to me, I herewith inclose copy of 

35601— PT 1—14 4 



50 UINTAH AND-OUEAY AGENCIES, UTAH. 

a letter from the department, reviewing the subject entirely and discussing why it is 
not deemed necessary or advisable to investigate the subject matter of your letter. 
Specific cases coming'within the class mentioned in the letter, that is, where a decision 
was based upon mistakes of fact, may be reopened upon application and proper show- 
ing. 



Very truly, yours, 



Joe T. Robinson. 



Train 11, Southern Pacific Railway, 

October 8, 191. S. 
The Sei'retary of the Interior, 

Washington, D. C. 
Mr. Secretary: On the return of the Joint Commission to Investigate Indian 
Affairs from Spokane to Omak, some statements were made to the commission by 
J. F. Stickels, of Spokane, Wash., impliedly charging Mr. B. F. Emery, the farmer or 
subagent at Omak, for the Colville Reservation, with speculating or making a profit 
in the sales of goods to certain Indians. The following specific cases are mentioned: 

1. The case of Joe Thomas, to whom it is alleged Mr. Emery sold a mowing machine 
August 13, 1911, for $85, the actual cost being $55. The machine is alleged to have 
been bought from Elgin, Nelson Co, The other witnesses, named Hopkins and Kahn- 
low, at Okanogan, may furnish evidence as to this transaction, 

2. Andrew Marchand, it is claimed, bought a mowing machine from Mr. Emery for 
185, which actually cost $55. The same witnesses as those mentioned in the Joe 
Thomas case, above, support this case, 

4. About July 29, 1911, Sam George, an Indian, bought a buggy, team, and harness 
from Mr. Kahnlow, the livery stable keeper at Okanogan. It is alleged that Emery 
refused to confirm this sale, and informed Kahnlow that the sale could not be con- 
summated because there were no funds available belonging to Sam George. Shortly 
afterwards the same team was sold to Sam George at an increased cost, probably $50 
in excess of the original price fixed by Kahnlow. Ira Freer, it is claimed, sold horses 
to many other Indians through the assistance of Mr. Emery, and made the sale to Sam 
George of the team for $350, which Kahnlow had agreed to sell him for $300, this latter 
price to include also buggy and harness. It may be that H. T. Storehouse and Ira 
Freer were in partnership^ In any event, it is claimed that these witnesses know that 
Mr. Emery would not permit Indians to buy horses from any one save Storehouse and 
Freer. 

5. July 28, 1911, it is claimed a wagon costing $105 and a set of harness costing $25 
was bought of the Omak Trading Co. on the recommendation of Mr. Emery and sold 
to an Indian named Big Jim, the wagon for $130 and the harness for $52. If this charge 
is true, evidence can be obtained from the Omak Trading Co. and the Indian named. 

6. It is claimed that John Jango knows that Paul Bahman, who was working for 
Mrs. Louis Hailey at the Mission, was driven from the reservation by Mr. Emery be- 
cause the boy would not go to his home and do his chores. John Jango 's post office is 
Omak, Wash. 

The commission did not deem it advisable to consume the necessary time to com- 
plete the investigation of these charges. This investigation should be finished by an 
inspector, and the commission thinks it is fair to bear in mind that considerable preju- 
dice exists in the minds of some of the people of Okanogan, including some of the wit- 
nesses herein mentioned, against Mr. Emery, for his efforts to suppress the liquor 
traffic among the Indians on that part of the reservation, and care should be taken 
to obtain the evidence first hand and to see that no injustice is done him. Mr. Stickels, 
who presents these charges, is a contractor and resides at Spokane. 
Very truly, 

Joe T. Robinson, Chairman. 



October 20, 1913. 

My Dear Senator: 1 am in receipt of your letter of October 8, in which you brief 
certain statements made to you by J. F. Stickels, of Spokane, impliedly charging 
B. F. Emery, an employee of the Colville Agency at Omak, Wash., with speculating 
or making a profit on sales of Indian goods "to certain Indians, and suggest that an 
inspector be directed to finish your investigation. 

Under date of August 12, 1911, Mr. J. F. Stickels, then living at Okanogan, Wash., 
wrote to Senator W. L. Jones, of Washington, alleging practically the derelictions of 
Mr. Emery, which he has to your committee, A special agent of the Indian Office 
was directed to fully investigate the charges of Mr, Stickels, and on October 17, 1911, 
he made a very voluminous report on this, accompanying it with a large mass oi 



UINTAH AND OUKAV AGENCIES, UTAH. 51 

exhibits. During this iivvcstigation the special agent consulted wit.li Mr. Ktickels 
and obtained such information as he had and then independently reviewed the acts 
of Mr. Emery during the six years he had then been employed. There were also 
submitted to him numbers of complaints other than those of Mr. Stickels, all of 
which appear to have been examined with great care, after which the information 
gathered was submitted with his recommendalions. 

It is clearly indicated by this investigation that Mr. Emery has been very active 
and taken risks of personal injury in stopping the sales of intoxicants to Indians at 
Okanogan and elsewhere, thus incurring the enmity of many people, liefore Mr. 
Emery went on duty it was said that the Indians got intoxicants openly and were 
without much restraint, resulting in debauches which were open and disgusting, 
and that a dozen Indian men and women had lost their lives on account of sprees. 

The investigation clearly showed that while Mr. Enxery, being new in the service 
and a long distance from the agejicy headquarters, committed many grave irregulari- 
ties, there was no evidence convicting him of using his office for personal gain. The 
conclusions of the Indian Office were thus expressed at the close of a letter to Mr. 
Emerv : 

"The office does not want it to appear that it looks lightly upon such offenses as 
committed by you with regard to the handling of official funds, but because it has 
been convinced, first, of your good intentions; second, that you did not profit person- 
ally by any of your transactions; third, that you are now thoroughly willing to acquaint 
yourself with the regulations on the subject and to follow them implicitly; and fourth, 
because of your earnest and successful work in your present field, these offenses will 
be excused and you will be given a further trial." 

As will be observed, none of the allegations made by Mr. Stickels to your committee 
is of acts committed since the investigation and the letter quoted, nor is any ])racti- 
cally new matter charged by him, from which it may fairly be inferred that there are 
none or they would have been brought out. Unless your committee has evidence 
other than the statements of Mr. Stickels, it is reasonable to assume that Mr. Emery 
has profited by the reprimand and directions given to him, and that another investiga- 
tion of the same charges would reveal only the same conditions. However, if from 
your personal investigations in that section you are .satified that a different course 
should be pursued and an investigation made, 1 shall as soon as practicable assign 
an inspector to the case. 
Cordially, voius, 

A. A. Jones, 
First Assistant Secretary. 

Uon. Joe T. Robinson, 

Chairman Joint Committee to Investigate Indian Affairs, 

United States Senate. 



WEDNESDAY, SEPTEMBER 24, 1913. 

Joint Commission to Investigate Indian Affairs, 

Spolxine, \Va>ih. 

The commission met at Hotel Victoria. 

Present: Senator Kobinson (chairman), Senator Townsend, Rep- 
resentative Stephens, Representative Carter, and Representative 
Burke. 

STATEMENT OF J. W. WRIGHT, EDWALD, WASH. 

J. W. Wright, first being duly sworn by the chairman, testified as 
follows : 

Ml-. WriCxHT. Mv nt'.me is J. W. Wright; 1 am a Methodist minister 
now located at Edwald, Wash. 1 was located one year at Okanogan, 
which is just across the Okanogan River from a part of the Colville 
Reserva.tion. I am familiar with the conditions at that part of the 
Colville Reservation wTth reference to the sale of liquor to the Indians. 
The hiws with reference to the sale of liquor are not enforced, and m 



52 UINTAH AND OUEAY AGENCIES^ UTAH. 

some localities arc opeuly tlisregurdcd, and public seiiliraeiit docs not 
seem to be in favor of enforcement of these laws. Liquor will be 
bought at the saloon and deposited in various places, sometimes in 
the livery barns in the mangers, and sometimes in shoe boxes. The 
white men do this and then they get it to the Indians. Sometimes 
the Indian gets it at the bar, for I have seem them do so. 

The Chairman. Tell wliother you have seen many drunken In- 
dians. 

Mr. Wright. I have seen from 1 to 20 drunk at a time. On the 
27th day of July there were no less than 20 drunken Indians in town 
[Okanogan]. There was one drunken Indian Avoman among them 
named Cecile Chilowist, who slept across the bridge where they were 
camped, and they ran her out of town, but the night before that she 
slept on the bare ground in a drunken condition, and no less than 18 
men had intercourse with her. I saw another Indian woman with a 
lot of whisky concealed in her dress. 

The Chairman. Do you know whether the saloonkeepers cooperate 
with the botttleggers in this business ? 

Mr. Wright. Yes, sir; they do. They have a regular system of 
signals. I have concealed myself back of the saloons as early as 
3 o'clock in the morning sind watclied the bartender come out with 
a pail and pour or.t some water and look up and down to sec if any- 
body was watching. Then he would go back in the saloon and get 
the whisky and bring it out and the bootlegger would get it. 

The Chairman. You lived in Okanogan about one year did you not ? 

Mr. Wright. Yes, sii'. 

The Chairman. Did you observe the condition of the sale of liquor 
there ? 

Mr. Wright. I did. Mr. Emery asked me if I would not do some- 
thing, and acting as an American citizen, I thought I had the right 
to make arrests. I have ]iersonally taken the liquor away from the 
Indian and arrested the white inan myself. 

The Chairman. Under the laws of the State of Washington anyone 
who sees a felony about to be committed has the right to make 
arrests, and acting under that autliority you have made a number 
of aiTcsts, have you not ? 

Mr. Wright. Yes, sir. 

The Chairman. Yv'hat other action did you take? 

Mr. Wright. T wrote a letter stating the conditions, and Father 
de Rouge at St. Marys Mission also wrote a personal letter to the 
governor, and made five copies. I then secured the names of 12 
representative men, bankers, merchants, blacksmiths, and men like 
that. They signed the letter with me, and I sent a copy to Senator 
Pomdexter, and a copy to Supt. Johnson, one copy to Secretary 
Lane, one copy to the State prosecuting attorney at Spokane. That 
was done in July of this year. The governor gave his copy to the 
United States marshal and he gave it to the press. Immediately I 
began to be libeled and threatened to be tarred and feathered. My 
wife was also in danger, and I told the de])uty United States marshal 
not to le.'ive her. 

The Chairman. What other efforts have been made within your 
knowledge to su])])ress this traffic in liquor among the Indians? 



UINTAH AND OUKAY AGENCIES, UTAH. 53 

Mr. ^V RIGHT. Mr. Eiiiery has, smc(^ 1 have been acc^uainied with 
him, been doino; everything apparently within his power to siqipress 
the traflic, but he has the whole bunch against him. 

The Chairman. Where have you been the last few days ? 

Mr. Wright. I have been at Conconully, as a witness for the State 
in the prosecutions of these liquor cases. Three cases were tried. 
One was acquitted, one was a liung jury, and the other plead guilty 
and paid his fine. 

The Chairman. Ai-e tliese bootleggers around Okanogan very well- 
known characters V 

Mr. Wright. Lots of them are. They have been living there 25 
or 30 years, a very considerable of them have. In the town of 
Okanogan there are no less than four married women and two single 
women bootleggers. 

The Chairman. You have had considerable experience there and 
in Alberta among the Indians, have you not ? 

^Ir. Wright. Yes, sir. 

The Chairman. Do you know their habits for (hinking? 

Mr. Wright. I know their w^eakness for fire water, and they chink 
to excess. 

The Chairman. Do the Indian women on that part of the Colville 
Reservation whom 3n)u know drink? 

Mr, W^RiGiiT. They do. There is an Indian woman there by the 
name of Susanne Cliilowist w^ho is generally known as a bootlegger, 
and she can get all of it she wants. 

The Chairman. If you do not mind we would be glad to have you 
give the names of those who have representatives among the Indians. 

Mr. Wright. I am told by the Indians that they are F. C. McCam- 
bcll, who is county coroner; Frank wSheller, boot and shoe merchant; 
H. T. Storehow, livery barn; John Owens, professional bootlegger, 
and he does not do any tiling else since I have been there; R. P. 
Erwin, his wife and daughter all sell it to the Indians; a man by the 
name of Frank Rogers, who is a bootlegger that they acquitted 
over at court last week; another is James Steele, a man by the name 
of Compton; both saloons and both bartenders, one by the name of 
Redding; they take it into the pool room and the Indians go in there 
and get it. 

The Chairman. I)t> you know of Indians who have come there 
and been robbed? 

Ml-. Wright. Yes, sir. I found one by the name of McCusker 
who has been ''knocked out," that is, doped, who had been robbed. 
The chief marshal telephoned Mr. Emery that they had found a 
preacher with tliis Indian, and they did not know but that he had 
given him "knock-out" drops. As a matter of fact I had found him 
on the street in that condition and picked him up. The marshal's 
name is Joe Leader. After this letter was signed by these people 
my life was threatened; they tlneatened to hang and mob me. The 
merchants were boycotted and people staying at the boarding houses 
who signed it were turned out on that account, and a general crusade 
was carried on against all who signed that letter. 

The Chairman. Do you know whether or not the Indian Bureau 
or anybody connected with it have made any effort to suppress the 
liquor ti'afhc ? 



iquo] 
Mr 



Wright. I do not know. Nobody has called on me. 



54 UINTAH AND OUEAY AGENCIES, UTAH. 

The Chairman. Are you prepared to give such other information 
as you may have concerning these matters? 

Mr. Wright. I have typewritten statements that I have on file. 

The Chairman. Do you laiow whether or not the saloons are in 
the habit of sending messengers with liquor on the reservations ? 

Mr. Wright. Yes; they go hunting on the reservations in auto- 
mobiles, and take the liquor with them then and deliver it to the 
Indians. 

The Chairman. Wliat is the population of Okanogan ? 

Ml-. Wright. Last fall it was in the neighborhood of 800, but I 
think it is not more than 500 now. Omak sprung up by reason of 
the exodus from Okanogan, who were disgusted with conditions, a 
part of which I have stated to you. I stopped one IncUan from stab- 
bing a white man. This man was married, and his wife was in a 
family way, and he was trying to get intercourse with an Indian, who 
was syphilitic. I took the knife, and have it now. I am very strong 
physically; I don't know how strong I am. And there are shooting 
scrapes going on there a great deal of the time. I went out one night 
about 9 o'clock to stop a shooting scrape. Mrs. Wright and I were 
sitting at home, and heard the shooting, and I went out back of my 
house again one morning at 3 o'clock, and found 12 drunken Indians 
lying out back there. 

The Chairman. From your experience and observation from 
whom do these people get their support ? 

All'. Wright. Mostly from the Indians. One man, a saloon keeper 
at ConconuUy, told me that II. A. Harris said that he could not make 
a living unless he could sell liquor to the Indians. 

The Chairman. Have you thought of any means of remedying 
conditions which exist there Avith reference to the sale of liquor ? 

Mr. Wright. It seems to me that if it was withm the power of the 
department to take the licenses away from them that would be the 
next way. My impression is that that is an Indian country and that 
the department has the power to prevent the sale of liquor there. _ 

The statements which I give here will be verified by the following 
citizens who five at Okanogan and Omak: II. D. Graves, Okanogan; 
B. E. Gregory, F. C. Wenner, E. N. Bragg, II. O. Hirsh, Rev. Fred 
Hart, Rev. Father de Rouge, B. F. Emery, Mr. Daniels, Walter May, 
a rancher; R. E. Cappell, AIi-. D. E. Wagner, C. E. Carpenter, W. 
Carpenter, the editor of the Omak Chronicle also, and the main 
citizens at Omak. All of the above citizens reside at Okanogan with 
the exception of Mr. B. F. Emery and Rev. Father de Rouge, who live 
at Omak. 

Representative Stephens. Have you had any reply from the Sec- 
retary of the Interior, Mr. Lane, that you remember ? 

Mr. Wright. No; I had a reply from Mr. Sells tliat the matter 
would be looked into and action taken. 

Representative Stephens. Did you have a reply from Mr. Johnson ? 

Mr. Wright. He wrote me that he had received my letter. 

Representative Stephens. Those prosecutions you spoke of were 
had in the State courts ? 

Mr. Wright. Yes. 

Representative Stephens. Does the district attorney endeavor to 
secure convictions ? 



UINTAH AND OURAY AGENCIES^ UTAH. 55 

Ml". Wright. Yes; J. W. Faulloier is the county prosecuting 
attorney, wlio prosecuted these four cases for bootlegging, of which 
two were acc^uitted, one convicted, and one was a hung jury. The 
sentence of the one convicted was one year. 

Representative Carter. What is the object in selhng whisky to 
the Indians ? 

Ml'. Wright. Profit. 

Representative Carter. They don't seU it to them for the inirpose 
of beating them out of their property? 

Mr. Wright. Yes, sir; if they want to make a horse sale they give 
the Indian a drink before they start to make the trade. They call 
this process of beating him when he is drunk ''rolling." 

Representative Carter. You say there has been no one repre- 
senting the department to look into that matter ? 

Mr. Bright. The onl}^ thing I know of is fellows in there to serve 
summons. 

Representative Carter. We have an annual appropriation of 
from $75,000 to $125,000 for the suppression of the liquor traffic 
among the Indians. Practically most of this is used to pay such 
officers to work up cases as are required. Have you seen any of 
those officers in there ? 

Mr. Wright. They have paid me some money as special officer 
to get evidence. 

Representative Carter. You have been working at this business ? 

Mr. Wright. Yes, sir. 

Representative Carter. But you know of no one else who has 
been doing it ? 

Mr. Wright. Mr. Emery has had two fellows working with him, 
one by the name of Fulkerson and the other whose name I can not 
remember now. 

RejH-esentative Carter. Are all these Indians members of the 
Colville confederated bands ? 

Mr. Wright. I think so. 

Representative Carter. None of the Indians can sell their lands 
on the Colville Reservation, can they ? 

Mr. Wright. I do not know about that. I don't think they can. 

Representative Carter. The purpose in givmg them whisky, then, 
is not to buy their land ? 

Mr. Wright. No; it is horses and cattle, and m a majority of 
cases it is to get sexual intercourse with the squaws. In three days 
CecUe Chilowist, a squaw, lay in the back of a saloon drunk, and 
65 men had intercourse with her. That is what they say, but I 
did not count them. 

Representative Carter. How long have you been among the 
Colville Indians ? 

Mr. Wright. About a year. It seems that this has grown worse 
than ever before in the last four months. 

Representative Carter. How long have you been away from 
there ? 

Mr. Wright. A few weeks. 



56 UTXTAII AND OURAY AGENCIES, UTAH. 

THUUSDAY, SEPTEMBER 25, 1913. 

Joint Commission to Investigate Indian Affairs, 

HotA Victoria, SpoTcane, Wash. 

Present: Sejuiloi' rJnc T. Robinson, chairman; Senator C. E. Town- 
send, Representatives J. TI. Ste|)he]is, C D. Carter, and (\ IT. Burke. 

STATEMEMT OF J. F. STICKLES, OF SPOKAFE, WASH. 

J. F. Stickles, lust being duly swoiii, testified as follows: 
Mr. Stickles. I am a contractor, and am familiar with the Colville 
Indian Reservation. I allege that Mr. B. F. Emery, the Indian 
farmer on the Colville Reservation, has been speculating in im- 
plements, etc., purchased by and for the Indians, and cite the follow- 
ing instances: 

1. August 12, 1911, Xiv. Emery sold a mowhig machine to one 
Indian named Joe Thomas for $85, that actually cost $55. Hopkins 
and Kahlow heard the Indian give the price. The liiachine was 
bought from a man by the name of Nelsoji, a merchant, at Okanogan. 
I believe Sam Nelson was the man that sold the machine. Mr. Emery 
charged the India)i $85 for the machine under the pretcjise that he 
had paid that much for it. About the same time Andrew Marchand 
bought a machine from the same Emery for $85 which actually cost 
$55. The machines were bought from Elgin-Nelson & Co. Hopkins 
and Kahlow, both at Okanogan, heard these Indians stat(^ the price 
they gave. 

2. On July 29, 1911, a team of horses, buggy and harness was 
bought by Sam George, an Ijidiaji, for $300. Sam George was made 
to return them by Ylv. Emery, and afterwar<ls the same team was 
sold to the Iiuhan through Ira Freer at tht^ direction of Emery for 
$350, being $50 more than he was to pay Kahlow in the beginning 
for the team, buggy, and harness. Mr. Kahlow knows all about this. 

3. July 28, 1911, a wagon costing $105 and a set of harness costing 
$25 was bought of the Omak Trading Co., and sold to an Indian, 
Big Jim, on the recommendation of Mr. Emery for $130 for the 
wagoji and $52 for the hai'ness. 

4. Johji Jango, whose post office is Omak, ajul who runs a binder 
down theie, can tell you that a boy named Paul Bnhma]i, who was 
working for a Mrs. Louis Hailey at the Missioji, was run off the reser- 
vation by Emery because the boy would not go down and do Emery's 
chores. 

5. Storehouse was in some kind of partnership with John Freer. 
Emery required the Colville Indians to buy horses from Storehouse. 
Horses that cost $125 were sold to the Indians for twice that 
amount and more, and Freer would pay Storehouse $25 for making 
the sale. When the Indians objected to accepting teams, etc., that 
were offered them at certain prices, Emery would inform them that 
unless they bought from them they could not get them at all. The 
following witnesses know- of this: H. T. Storehouse, Ira Freer, and 
Ira , an Indian. 

6. John Smithldn, at Omak, undertook to make a collection among 
the Indians to pay his expenses to Washington, D. C., to try to get 



UINTAH AND OURAY AGENCIES, UTAH. 57 

the per capita payment for the Colville Indians. Supt. Wehster, of 
the Spokane Reservation, telegraphed Emery, as follows: 

Arrest Smithkin for obtaining money under false prepenses from Indians for trip 
to Washington, D. C, and })revent his goin^. 

This was on Afav 29, 1911. Emerv afterwards telegraphed 
Webster, June 1, 191 f: 

Smithkin here under arrest. Instruclions requested. 

Shortly afterwards I secured the services of Attorney W. C. 
Brown, "Spokane, Wash. Brown asked Emery the nature of the 
charge upon which Smithkin was imprisoned. Emery inforaied him 
that it was upon the direction of Capt. Webster. Subsequently 
Emery telephoned Webster that Brown had been retained to repre- 
sent Smithkin, and asked for instructions. W^ebster directed him to 
turn Smithkin loose, and lie was turned loose. Judge Brown lives here 
in Spokane. 

TESTIMOSTY OF W. R. KAHIOW. 

W. R. Kahlow-, declining to be sworn and asking to be allirmed, 
and being atiirmed, states: I reside at Okanogan, and have Uved 
there for 23 years. I was engaged in the livery business in 1911. 
During that year I tried to selfSam George, an Indian on the Colville 
Indian Reservation a team of horses, buggy, laprobe, and harness for, 
I think it was, S300. The Indian had been working for me and wanted 
to buy the team. He Avent up to B. F. Emery, and Emery decUned 
to consent to the Indian bujdng that team, stating that there was no 
money to pay for them with. A short time after that I sold the same 
team "to Mr. "ira Freer for $300, and three days later he sold the team 
to the same Indian, Sam George, for $50 more than I had sold the 
teara for to Freer. I can not understand, and I do not know the 
reason Mr. Emmery refused to permit Sam George to buy the team 
from me, and yet consent to his buying it from Mr. Freer at a higher 
price. 

[releKnini.] 

Fort Spokane, May 29, 1911. 
B. F. Emery, Omuk, Wash. 

Arrest Charles Switken for obtaining money under false pretenses, to finance trip 
to Washington, and prevent his going. 

Webster, Superintendent. 



(Affidavit for Stickles. 



Hopkins and Kahlow heard both Indians give price. 
Joe Thomas: $85 for mowing machine. 
Andrew Marchand: One machine, at. $85. 
Abram's nephew heard Andrew say it. 



August 12, 1911, 



August 23, 1911. 
Jango runs the binder for the Indians; stated Paul Bahman, a boy that worked for 
Mrs. Louis Hailey at the Mission, work for her for over a year, nui off by Emery on 
August 21. Emery told Andrew [wanted to buy outfit from] he could not get team 
wagon and harness; that he had made arrangements with Storehouse to furnish all 
horses for Indians; outfit referred to w^as $350; horses weigh about 1,300. 



58 UINTAH AND OUEAY AGENCIES^ UTAH. 

[Night letter.] 

June 1, 19H. 
To Webster, Agent, Miles, Wash. 

Swiupkin here under arrest. Instructions requested. 

Emery. 



SATURDAY, OCTOBER 11, 1913. 

Joint Commission to Investigate Indian Affairs, 

Hotel Alexandria, Los Angeles, Gal. 
The commission met at 9 o'clock a. m., October 11, 1913. 
Present: The chairman. Senator Joe T. Robinson, Senator Charles 
E. Townsend, and Congressmen John H. Stepliens, C. D. Carter, and 
C. H. Burke. 

STATEMENT OF W. H. WEINLAFD, BANNING, CAL. 

W. H. Weinlaiid, first being duly sworn by the chairman, testified 
as follows : 

Examination by Congressman John H. Stephens : 

Q. What is jouv name? — A. W. H. Weinland. 

Q. Where do you live? — ^A. Banning, Cal., on the Morango Reser- 
vation, sometimes called the Malki Reservation. 

Q. You are familiar with the conditions on the reservation? — 
A. Yes, sir. 

Q. What is your occupation ? — A. Missionary to the Indians. 

Q. What is the condition at the present time among the Indians 
there as to tuberculosis? — A. That is hard to state — just how many 
of them have tuberculosis. 

Q. Would you say as many as 5 per cent have it? — A. Yes, sir. 

Q. What about trachoma ? — A. There are quite a number of cases, 
and quite a number have been barred from the schools, and some of 
the older people are suffering from it. 

Q. What per cent w^ould you say are suffering from trachoma ? — . 
A. About 10 per cent, I should say. 

Q. What hospital facilities have you on the reservation ? — A. None 
whatever. 

Q. Who is the present agent ? — A. C. T. Coggeshall. 

Q. What position do you hold at the agency ? — ^A. None. 

Q. How long have you been there? — A. Since 1889. 

Q. Will you please examine this statement and see if it is correct 
[presenting witness with a statement introduced herewith and 
marked "Exhibit A"]? — A. I have read this and I think it is abso- 
lutely correct. 

Q. Are you willing to make it a part of your testimon}'- ? — ^A. Yes, 
sir. 

Q. Do you think the statement given there is correct ? — A. Yes, sir. 

Q. Are you famiUar with H. R. 22337, introduced in the Sixty- 
second Congress ? — A. Yes, sir. 

Q. From your knowledge of the conditions of the Indians, would it 
be a good thing for that bill to be enacted into law? — ^A. Yes, sir; it 
would. I think the amendment to the bill is very important. 



UINTAH AND OURAY AGENCIES, UTAH. 59 

Q. Will you please read the amendment? — A. (Witness reading:) 

That the Secretary of the Interior may negotiate for exchanges of land within the 
Morongo Indian Reservation for lands in private ownership, which, in his opinion, are 
required for the Morongo Band of Indians. 

Q. How many of those Indians ever owned land at all under the 
act of 1891 ? — A. More than half the tribe would not be covered by 
the act. They would not get any land at all under that act; that is, 
more than half of them would not. They voted by a majority of 
four in favor of being allotted under the act of 1891 in preference to 
the act of 1910. 

Q. Can you tell us why they voted that way? — A. For the simple 
reason that it was largely a factional difference. It was not on the 
merits of the question at all. All the old people voted for the old 
law, and when asked why they did so a great many of them said, 
''Well, because I am old." It was understood among them that 
they would get a great deal more land under the old law than under 
the act of 1910. So far as the provisions of the bill are concerned, 
there are a very few people who understand it at all. They are hke 
children; they do not understand. 

Q. How much land have they under cultivation under their allot- 
ments ? — A. Do you mean all lands ? 

Q. Yes. — A. Well, about 400 acres in irrigable lands. 
Q. How much irrigable lands that could be supphed with water ? — 
A. In the neighborhood of 1,000 acres. 

Q. About 1,400 acres in aU? — ^A. Yes, sir. 
Q. How many Indians are there in the tribe? — A. About 250. 
Q. Would a pro rata share be enough for them to live on indi- 
vidually? —A. It would. 

The Chairman. What is the total area of land on that reserva- 
tion? 

A. Between twenty-six and twenty-seven thousand acres. 
The Chairman. Have any allotments been approved ? 
A. None. 

The Chairman. When was the allotment work begun ? 
A. Three years ago, and D. D. Graham was the allotting agent. 
He had the reservation surveyed and began to assign the various 
tracts of land on the same basis as is provided for in the law of June 
25, 1910. But his work was prior to the date of that law; conse- 
quently there was no law to enforce the allotment in that manner, and 
it was stopped and nothing further has been done on it. 

The Chairman. After the law of June 25, 1910 was enacted, why 
was not the land allotted and the matter disposed of under that law ? 

A. For the simple reason that the law of June 25, 1910, requires 
that the consent of the Indians be secured before that law is operative, 
and the majority of the tribe in understanding the provisions of the 
law have withheld their consent. The matter has been put before 
them three or four separate times. 

The Chairman. What are the general provisions of the law of 
June 25, 1910? 

A. It is identical with H. R. 22337, introduced in the Sixty-second 
Congress, second session, and provides that the department can 
proceed with the allotment without the consent of the Indians. 



60 UINTAH AND OUEAY AGENCIES, UTAH, 

The Chairman. The piaclical effect of this bill would be to reduce 
the allotted area to each Indian, but to increase the number of Indians 
allotted ? 

A. Yes, sir. 

The Chairman. If that weie done, how jnany of the IncUans would 
be disturbed hi their possossiou aiid occupancy of lands that they 
were othei wise entitled to have allotted to them under the act of 
1891? 

A. I coukl not give you that truthfully. There are a very few 
though, because only a few have cultivated more land than they 
would be entitled to under the new law. 

The Chairman. How many of them are actually occujjying lands 
on the reservation, do you know, by occupyhig individual' homes? 

A. I could not give you the exact number of homes. I should 
say there are about 50. 

The Chairman. What ]-»er cent of that .50 are actually cultivatuie: 
lands? • ^ 

A. Practically every last one of them are cultivating some lands. 

The Chairman. Wliat efforts have beeii made to secure the con- 
sent of the Indians under the act of 1910 ? 

A. The first was ijistructions from the Commissioner of Indian 
Affairs, Mr. Valejitine, to the then superintendent, Wr. W. T. Sul- 
livan, instiucting him to bring the provisions of the law of 1910 
before the Indians and urge it upon them as strongly as possible. 

The Chairman. Did he do that? 

A. Yes, sh-; he brought it to their attention and presented the 
matter to tliem, and they passed upon it and didn't consent to it. 

The Chairman. Was another effort made to get their consent? 

A. Yes, sir. 

The Chairman. When was that and how ? 

A. I can not recall the exact occasions. Mr. Holcomb, a special 
inspector was sent there about a year ago for that puijjose. This 
statement is contain(Ml iji the newspaper article [\vitness reading]: 

In February, 1912, Chief Supervisor Holcomb was seut here, and for the fourth 
time the allotment question was submitted to us. 

The date of the paper is 1912, May 16, 1912. 

The Chairman. Then the real necessity for this legislation grows 
out of the fact and depends solely upon the fact that the Indians 
have not consented to the allotment as pronosed under the law of 
June 25, 1910? 

A. That is right. 

The Chairman. If the GovernnKMit had the consent of the Indians 
the act of June 25, 1910, would dispose of the matter > 

A. Yes, sir. 

The Chairman. And it has been submitted to them four times at 
least ? 

A. I believe so. 

The Chairman. Whom do \ou appear 'or m this heating? For the 
Indians ? 

A. Solely for the Indians. 

The Chairman. By what authority do you appear for them? I do 
not mean to reflect on your integrity* or your intelligence. 

A. Thoy have not authorized me to appear for them. 



UINTA J 1 AND OUEAT AGENCIES, UTAH. Gl 

The CiiAiKJM AN. If I understand you correctlv . it is ncccssiuy, i'oi t he 
hiterest of the IncHuus, to enact this legislation ? 

A. Yes, sir. 

The CiiATKMAN. And you assume lo speak Jor tliem in that par 
ticular ? 

A. Yes, sir. 

Mr. Stephens. 'J'iils lindieatiug-] is a co]3y ol the act of IS'.M '( 

A. Yes, sir. 

Mr. Stephens. You have read the statement i 

A. Yes. sir; as to the act of IS'Jl, under which the Indinns prefer 
to have their allotnu'nts made. The reason for not makincj it is set 
up in the attached paper, argument, and statement, which I asked to 
be ma(k^ a part of the record". The reason for substituting the law of 
19]() for the law of 1S91 is set up in the statement hereto attached 
and marked "Exh.ilnt B." 

Exhibit A to the Testimony of W. H. Weinland, Banning, Cal. 

(Clipping from the Banning Record, published May Ui, 1912, at Banning, Cal. 

ALLOTMENT OF INDIAN LANDS. 

Banning, Cal., May 3, 1912. 

The allotment question at the Morongo (Malki) Reservation is exciting a great 
deal of interest, and in view or the many erroneo'.is reports floating abo.it we wish 
to lay the following l)efore the public: 

There are two laws in the statvite Ijooks governing the allotment of lands. The 
first is contained in the act of January 12, 1891, and provides for allotment of lands 
to heads of families and to single jiersons over 21 years of age. Under this law mar- 
ried women and minor children recreive no allotments. 

There are 63 heads of families, 50 single persons over 21 years of age, 36 married 
women, and 111 minor children on this reservation. Hence under this old law over 
half of the total population woJd receive no allotment in their own right. On this 
point the department says: 

■'It has been the experience of this department in the past that where allotments 
are made to heads of families inji stice is done to minor orphan children, and in 
many cases to the wives and minor children of the heads of families thro- gh sepa- 
ration by divorce or otherwise ])y the husband and wife." 

The other law governing allr.t'ments is contained in section ] of the general allot- 
ment act of Ji.ne 25, 1910, and })rovides for a pro rata division of the reservation 
lauds amongst all the meinl)ers of the tribe, irrespective 'of age or sex. Of this law 
tlie department says: 

■'Under the provision of this act the married women and minor cliildren receive 
individual allotments, and the hardships resulting from giving the head of the family 
an allotment for the entire family are avoided." 

But the act of June 25, 1910, which we call the new law, recpdres that tlie consent 
of the Indians be seci red before it can become operative. To this end the depart- 
ment instructed Supt. W. T. Sullivan to submit to the Indians in "as strong a 
manner as possible the qi estion and advisability of authorizing the Indian Office to 
allot the lands under act of June 25, 1910, since, should they decline to do this, it 
may prove advisable to submit the matter to Congress." 

In February, 1913, Chief Supervisor Holcomb was sent here and for the fourth 
time the allotment question was submitted to us. Of this submission the department 
of the Interior says: 

"While I in no sense bound myself to abide by the decision of the Indians in the 
matter, always reserving the right to recommend for them what I believed to be for 
their best interests, I felt that before making suc-h a recommendation I should have a 
fair and absolute unbiased expression of opinion as between two alternatives placed 
before them. I now feel that I have made every practicable effort to secure the real 
opinion of the Indians, and I regret that my decision does not coincide with theirs as 
to what is for their best interests, and although by a majority of four they still desire 
that thav be allotted under the act of 1891, I recommend that they be allotted under 
the act of 1910." 



62 UINTAH AND OUEAY AGENCIES, UTAH, 

Commissioner Valentine has accordingly directed that a bill be drawn submitting 
this matter to Congress. This bill, known as H. R. 22337, Sixty-second Congress, 
second session, bears indorsement of the Indian Office, as well as "of the Secretary of 
the Interior. 

l\Iore than half of our ])eople would be deprived of their individual rights if the 
laud were allotted under the old law. No one would be injured but all would receive 
their full rights by allotments under the new law. Believing in equal rights for all, 
we hope this bill may become a law, and we ask all our friends to support this bill both 
by voice and vote. 

The Morongo Progressive Indian Club. 

Chas. Bosley. 

Mrs. Antonio Armijo. 



Exhibit B to the Testimony of W. H. Weinland, Banning. Cal. 

[Act of Jan. 12, 1891 (26 Stat., 712; Kappler, Laws, p. 383).] 

RELIEF OF MISSION INDIANS, CAUFORNIA. 

Sec. 4. That whenever any of the Indians residing upon any reservation patented 
under the provisions of this act shall, in the opinion of the Secretary of the Interior, 
be so advanced in civilization as to be capal^le of owning and managing land in sever- 
alty, the Secretary of the Interior may cause allotments to be made to such Indians, 
out of the land of such reservation, in quantity as follows: To each head of a family not 
more than six hundred and forty acres nor less than one hundred and sixty acres of 
pasture or gi-azing land, and in addition thereto not exceeding twenty acres, as he shall 
deem for the best interest of the allottee, of arable land in some suitable locality; to 
each single person over twenty-one years of age not less than eighty nor more than six 
hundred and forty acres of pasture or gi-azing land and not exceeding ten acres of such 
arable land. 



HAVE the MORONGO INDIANS VESTED RIGHTS.'' 

July 6, 1912. 
Rights are, no doubt, vested in the tribal capacity, 7iot individually. Patents 
issued to tribe under authority of act approved January 12, 1891: 

Acres. 

Dec. 14, 1908 11, 058. 88 

Jan. 23, 1911 •. . . . 15, 164. 70 

Total 26, 223. 58 

These patents hold the land in trust for the tribe for 25 years, during which time 
allotments in severalty may be made under provision of act of January 12, 1891. 

No allotments in severalty have been made of any of the foregoing lands. 

The trust patent to the tribe does not vest any rigiat to any of the land in any indi- 
vidual member of the tribe. 

The Morongo Reservation was a gratuity in the sense that there was no agreement 
or contract with the Indians creating it. It was set apart as a simple act of justice 
due the Indians. 

As tending to show that no vested right is secured by the individual members of 
the tribe to any of the lands prior to allotment in severalty, the following cases are 
cited: 

Cherokee Nation v. Hitchcock (187 U. S., p. 294). At page 307 the court says: 
"A\Tiatever title the Indians have is in the tribe and not in the individuals, although 
held by the tribe for the common use and equal benefit of all the members." Ref- 
erence is made in the above decision to Cherokee Nation v. Journeycake (155 U. S., 
196-207) and says (p. 307): 

"The manner in wliich this land is held is described in Cherokee Nation v. Jour- 
neycake, where this court, referring to the treaties and the patent mentioned in the 
bill of complaint herein, said: 'Under these treaties and in December, 1838, a patent 
was issued to the Cherokees for these lands. By that patent whatever of title was 
conveyed was conveyed to the Cherokees as a nation, and no title was vested in 
severalty in the Cherokees, nor any of them.' " 



UINTAH AND OUEAY AGENCIES, UTAH. 63 

In the case of Levi B. Gritts et al. v. W. L. Fisher, Secretary, et al., the United 
States Supreme Court decided on May 13, 1912, that Congress could amend an act of 
Congress, and admit to participation in tribal lands and otlier property, after-born 
children, even though by the former act it was definitely stated that no children born 
after that date should be enrolled. On this question the court says: 

' 'But it is said that the act of 1902 contemplated that they alone should receive 
allotments and be the participants in the distribution of the remaining lands, and also 
of the funds, of the tribe. No doubt such was the purport of the act. But that, in 
our opinion, did not confer upon them any vested right such as would disable Congress 
from thereafter making provision for admitting newly-born members of the tribe to 
the allotment and distribution. The difficulty vntii the appellant's contention is 
that it treats the act of 1902 as a contract, when ' 'it is only an act of Congress and can 
have no greater effect." (Cherokee Intermarriage Cases. 203, U. S., 76, 93.) "It 
was but an exertion of the administrative control of the Government over the tribal 
property of tribal Indians, and was subject to change by Congress at any time before 
it was carried into effect and while the tribal relations continued." 

More than 21 years have passed since the law of January 12, 1891, was passed. Is 
it not within the probabilities that more than one-half of those members over 21 years 
of age who are now opposing a pro rata allotment to all the members of the tribe wer6 at 
that time (1891) under 21 years of age, and would have been thus barredirom receiving 
any land by allotment under the law. 

If the law is to be so strictly construed, ichij not bar all members except those tvho were 
entitled on January 12, 1891? 

Should any member under 21 years of age in 1891 be allowed at this time to secure 
any of its benefits without submitting to its burdens? 

No member is guaranteed 20 acres of arable land. 

The clause ' 'Not exceeding 20 acres' ' indicates the thought in the mind of Congress 
that the acreage might be reduced in order to make a fair diAnsion to all the members. 
In this sense, as in others, no right has attached to 20 acres or 10 acres by any one 
member. 

The policy of the Indian Department, since approval of the act of February 28, 
1891 (26 Stat., 794) (Kappler's Laws, p. 56) has been to make a pro rata division of 
lands within all reservations. 

The motive which prompted this change of the law (Feb. 28, 1891) was to secure 
an equal division of lands to married women and minor children. 



Exhibit C to the Testimony of W. H. ^YEINLAND, Banning, Cal. 

[H. R. 22337. Si.Kty-second Congress, second session. In the House of Representatives. March 26, 1912. 
Mr. Stephens of Texas introduced the followmg bill: which was referred to the Committee on Indian 
Allairs and ordered to be printed.] 

A BILL Authorizing the Secretary of the Interior to cause allotments to be made to Indians belonging and 
having tribal rights on the Morongo Indian Reservation. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That the Secretaiy of the Interior be, and he hereby is, author- 
ized and directed to cause allotments to be made to the Indians belonging and having 
tribal rights on the Morongo Indian Reservation, in the State of California, in areas as 
provided in section seventeen of the act of June twenty-fifth, nineteen hundred and 
ten (Tliirty-sixth Statutes at Large, page eight hundred and fifty-nine), rather than 
as provided by section four of the act of January twelfth, eighteen hundred and ninety- 
one (Twenty-sixth Statutes at Large, page seven hundred and thirteen). 



MONDAY, OCTOBER 13, 1913. 

Joint Commission to Investigate Indian Affairs, 

Glenwood Hotel, Riverside, Cal. 

The commission met at 3 o'clock p. m. 

Present: Senator Joe T. Robinson (chairman). Senator Charles E. 
Townsend, and Representatives John H. Stephens, C. D. Carter, and 
C. H. Burke. 



64 UINTAH AND OURAY AGENCIES, UTAH. 

STATEMEMT OF MARION MEYERS. 

Marion Meyers, first bein<.': duly sworn by the cliaij-nian, testnie<l as 
follows: 

Exammation by Re])resentative Carter: 

Q. What tribe of Indians do yon belong- to ? -A. The Santa Rosa 
Reservation band of Mission Indians. 

Q. Mr. Meyers, you have a statement you want to make to the 
commission- about tho Indians, have you not?— A. Yes, sii-. We 
have been trying to get our allotments over there for about 20 years, 
and what we want also is water. I believe if we could get our" allot- 
ments and get water for the land we would soon be independent. 

Q. How many Indians are there over there? — A. About 70. 

Q. How mueii land is there ?-— A. Not much good land; it is in the 
mountains. There is one piece about 2 miles long and 1^ miles wide. 
That is the land we want water for. 

Q. Have you ever figured how much ii-rigated land each Indian 
would have ? — ^A. I think Mr. Hall [the superintendent] figures about 
70 acres each. 

Q. Has it been surveyed ? — A. I think so. 

Q. Has it been surveyed for irrigation? — A, I think it has. 

Q. How about the title to your reservation? — A. Mr. Hall says 
it is in litigation with the Southern Pacific Railroad Co., and that has 
to be settled up. 

Q. Does the Southern Pacific Railroad Co. claim that it can be 
irrigated? — A. I think they do. 

Q. How much land is there now in cultivation over cliere?- A. I 
don't know. It is about 3 miles square, I guess. 

Q. Has the tribe of Indians to which you belong always lived on 
that land? — A. Always, they have been hving there for hundreds 
of years, and there are graveyards there to show it. 

Q. Has any one else ever attempted to show any title to the land ? — 
A. Just this one man. 

Q. The Southern Pacific Railroad Co. ? A. Yes, sir; on each side 
of the railroad. 

The Chairman. ^^Hrat is the name of that reservation? 

A. Ceya. 

The Chairman. Wbat are the known sources from which water 
can be obtained ? 

A. I don't sup])ose they have any, exce])t live streams. 

The Chairman. "VMiat amount of water can be develo])eti from 
them? 

A. I don't know how much. 

The Chairman. You don't know whether surveys have been suffi- 
ciently made to determine wdiether or not it could be made within 
that reservation for a reasonable cost, as to irrigating ? 

A. I don't know. 



UINTAH AND OUBAY AGENCIES, UTAH. 65 

STATEMENT OF M. A. COLLINS, SUPERINTENDENT OF INDUSTRy 
AT THE SHERMAN INDIAN SCHOOL, RIVERSIDE, CAL. 

M, A. Collins, being first duly sworn by the Chairman, testified 
as follows: 

Examination by Representative Carter : 

Q. Were you formerly at the Carlisle Indian School?- A. I was 
there three and a half years. 

Q. What was the enrollment there last year?- -A. As far as I can 
remember it was 780 in the spring, and they had some on the out- 
side. In all the}^ had nearly 900. 

Q. Do you know what the estituatec] cost ]>y the faculty is per 
pupil ( — A. If I remember rightly, .1167 a year per student. 

Q. Do you know how many students they ha;l there year before 
last? — A. They can show considerable more students on the rolls 
than they really have and can produce. 

Q. How do they do that ? — A. I can substantiate one case, that of 
a boy named Mai-cus — Frank Marcus. He was in the mechanical 
drawing department under me, and he got a position with the New 
York Central Railway Co. Thev still have his name on the school 
rolls, when they have no supei'vision at all over him. When I asked 
them about hini being on the rolls, they said that if anything happened 
to him they could bring him and put him in the hospital* there, and his 
name was kept on the roll for that purpose. 

Q. How many ])U])ils have they like that? — A. I could not say. 

Q. How many ptipils did you have under your personal jurisdic- 
tion? A. One hundred and twenty-five. 

Q. You had this one boy out of the 125 who was bemg carried as a 
pupil of the school and who did not attend school and was in no way 
of assistance to tlie school ? — A. Yes, sir. 

Q. Do 3"ou know of any others? — A. No, sir. 

Th(> Chairman. How long have you been connected with the Sher- 
man School ? 

A. Three weeks. 

The CiLViRMAN. How is your course conducted? 

A. We have instruction given every morning in blacksmithing, 
tailoring, painting, printing, car])entering, shoemaking, baking, laun- 
dering, engineering, horticulture, agriculture, etc. 

The Chairman. Do you seek to mduce all pupils in the school to 
take some branch of industrial training or do you leave it to their 
choic(» ? 

A. I think it is left optional with them until we find out they can 
not deci(h^ for themselves. If a boy comes here and wants to learn 
some particular' trade, we teach him that. 

The Chairman. But you require him to take some course in man- 
ual training? 

A. Yes, sir. 

The Chairman. How much time is devoted to that training? 

A. We have a half hour lecture each morning and then they go to 

work. On Saturday thay have double duty, and review the work 

they have gone over for the week. They go to work at 1 o'clock 

each day at their trades. They are graded twice a year. For in- 

35601— PT 1—14 5 



66 UINTAH AND OUBAY AGENCIES, UTAH. 

stance, the carpenter keeps track of the grade of the boys in his de- 
partment. 

The Chairman. Do the boys show a great interest in their work ? 

A. Yes, sir; they do. 

The Chairman How are they in practical results ? Do they seem 
ILo become proficient ? 

A. Yes, sir. 

The Chairman. How compared with those at Carlisle 1 

A. I tliink it compares very favorably with the Carhsle School. 

The Chairman. Is it run on the same system ? 

A. Well, we don't have the equipment and things like that here 
that they have at Carhsle, but as far as it goes here, we compare very 
favorably with the Carhsle vSchool. 

The Chairman. Since you have been at the Sherman School, have 
there been any serious cases of discipline ? 

A. Tsone that I know of. 

The Chairman. What are your duties ? Do you do instructing ? 

A. Yes, sir; in mechanical drawing each morning. I am supposed 
to see that the work is done. I am responsible to Mr. Conser for 
my department. I supervise the work in my department. 

Representative Burke. How long were you at the Carhsle School? 

A. Three and a half years. 

Representative Burke. Do I understand you to say that there are 
students carried upon the rolls that are not in school? 

A. Yes, sir. I just stated the case of one, a boy named Marcus 
whom they carried on their rolls as a student, and he has not been 
there in 3 years. 

Representative Burke. What would be the effect of doing this ? 

A. I would judge $167 each year. 

Representative Burke. Is that the way the appropriation for the 
Carhsle School is made ? 

A. Yes, sir. I think if you would make a thorough investigation 
©f the records you would find more then one student that they can 
mot produce. 

Representative Burke. Do I understand that the appropriation 
is made on the basis of S167 per capita? 

A. I understand so. 

Representative Burke. Is it not a fact that the appropriation is 
(fionsiderably below S167 per pupil? 

A. Well, that is what I understand. The employees are not allowed 
lo know anythmg about the records, because they are afraid of their 
jobs. 

Representative Burke. Did you have any trouble with the super- 
intendent ? 

A. I never had any trouble, but Mr. Freeman made some bold 
statements about me. 

Representative Burke. Then you have some prejudice in the mat- 
iter« 

A. No, SU-; I have not. Capt. Peter and Manager Duggan 

will back me up m the statement that I used no prejudice at all. I 
am fightmg merely for the good of the Indian. I can not stand 
back and see anybody do anything that is wrong and let it go by. 

Representative Burke. The substance of the criticism you make, 
as I understand it, is that they are carrying students on the rolls that 
are not there ? 



UINTAH AND OURAY AGENCIES^ UTAH. 67 

A. Yes, sir. 

Representative Burke. Is that your complaint ? 

A. I have no cora})kiint to make. 

Representative Burke. You have just stated that the employees 
are afraid to know or say anything because they are afraid of their 
jobs. What else have you to state ? 

A. If this is to cause trouble I mean this: If this is to cause hard 
feelings or anything like that I have no purpose in view in anything 
I have said but to find out what is wrong. 

Representative Burke. This commission is seeking information, 
and if you have any knowledge of the Carlisle School or the Indian 
Service that you think the commission ought to know, it is your 
duty to tell it. 

A. Well, if anybody can show me or give me the information why 
a corporation can do business on a Government reservation using 
Government property and Government students and Government 
time for making profit, I would like for it to be done. 

Representative Burke. Nobody has to show you that. We want 
you to tell us what you refer to. 

A. I mean the athletic association at Carlisle is an incorporation. 
The Carhsle Indian School is simply an athletic institut'on, and Mr. 
Peers will back me up in it. They devote most of the time to ath- 
letics among the boys. They make them work out in all kinds of 
weather, and take up most of their time in that, and it knocks the 
system in the school all to pieces. 

Representative Burke. Then it is your opinion that the Carlisle 
Indian School is not doing efltective work ? 

A. Yes, sir. I never expected to get into anything like this, but 
my statements can be backed up b}^ people who wUl tell you the 
same things that I am teUing you. 

J Representative Burke. Have you any names of persons you would 
like to submit for that purpose? 

^ A. I suggest Mr. Meyers, Mr. Freeman, the clerk; Mr. August 
Kennsler, the cook. 

Representative Burke. You said a moment ago that you thought 
Sherman School compared very favorably with^ the Carlisle School. 
Is it your opinion also that the'Sherman School is not doing eftective 
work? 

A. I meant in efficient work and discipline. I want to say before 
Mr. Conser [the superintendent of the Sherman School] that the 
Sherman School is producing better mechanics than Carlisle ever did. 
I don't say that because I am working here, either. We have a 
student. John Poseski, and I will put him up against any pupil at 
Carlisle. 

Representative Burke. How do you find the proportion of full- 
blood students and half-blood Indian students in the two schools ? 

A. The majority of the students at Carlisle are not full bloods. I 
find more fuU bloods here than at Carlisle. 

Representative Burke. Do you know anything about the manage- 
ment ol the commissary department at the Carlisle Indian School? 

A. I could not make "^ any statements about that. I have worked 
there, but as far as keeping the books is concerned, I could not say 
about that. Mr. Kennsler could probably tell you about that. 



68 UINTAH AND OURAY AGENCIES^ UTAH. 

Representative Burke. Wlio is the matron there ? 

A. Miss Gaither. 

Representative Carter. You spoke something about Mr. Warner 
having a close corporation wliich was doing business for profit ? 

A. Yes, sir. Here is what I mean: He uses the Indian students 
for profit. He takes a bunch of football players up to Harvard and 
plays a game and makes an enormous profit. At one time he cleared 
$11,000 clear profit and the Indian students did not get a cent of that. 
All thc}^ got was their expenses on the trip. Mr. Warner's salary 
is $4,500 and Mr. Freeman's salary if $2,650. And their salaries 
come out of that profit. 

Representative Carter. What becomes of the balance after those 
salaries are paid ? 

A. Well, I know once that Mr. Freeman put an addition on his 
house. He built it there without asking proper authority, and he 
used a great deal more money than the Government expected he 
was using. 

Representative Carter. Then the money was used on Govern- 
ment property ? 

A. Yes, sir; but in that way. He built the finest cottage there. 

Representative Carter. But Mr. Warner's cottage is Government 
property ? 

A. Yes, sir; but it is covered up in that way. He is not interested 
in the Government's fine buildings. 

Representative Stephens. Do you know of any girls having been 
taken away from that school in an afflicted condition ? 

A. I could not name any girls, but I know that a great deal of that 
has been going on there. But when it comes to proving specific 
cases, I could not do that. I know it only as a matter of common 
talk. Dr. Fralic, who is now in the Indian Service and Dr. Shoe- 
maker can tell you more about that than I can. Dr. Shoemaker is 
now a supervisor in the medical service of the Indian Bureau, I think. 

Representative Stephens. How many girls have been sent away 
in that condition ? 

A. I could not state that. I could not make any definite state- 
ment, because I had nothing to do with that end of it. I was simply 
an employee. Employees know these things, but they can not come 
out and prove them. 

Representative Stephens. Wliat tribes do those girls belong to? 

A. I could not say. I want to make another statement. I think 
you will find that the district attorney of Cumberland County is con- 
nected with this athletic association at Carhsle. And there is a gen- 
eral complaint among the student body about the handling of the 
funds. They have been paying some of the athletes on the "q. t." 
Gus Welch, the captain of the football team this year, told me that 
if they did not stop this business of paying some of the boys and not 

Eaying others he would bring the matter before Congress. They 
ave boys like Thorpe and others that are favorites, and pay them 
on the side. At a game at Chicago they took in $17,500 clear profit. 
Representative Carter. Is that fund entirely separate? 
A. Yes, sir. It is kept by Will IVIiller, the banker for the students. 
He is secretary for the athletic association. 



UINTAH AND OURAY AGENCIES, UTAH. 69 

STATEMENT OF F. M. CONSEE, SUPERINTENDENT SHERMAN 
SCHOOL, RIVERSIDE, CAL. 

F. ^I. CoNSER, being first duly sworn by the chairman, testified as 
follows : 

Examination by the Chairman: 

Q. How long have you been the superintendent of the Sherman 
School?— A. Four- years. 

Q. Wliat was the number of the pupils enrolled the first year you 
went there?— xV. About 500. 

Q. Has the number since increased? — A. We have about 575 at 
the present time. 

Q. Where do they come from principally? — A. Colorado and Ari- 
zona. We have also a number from Nevada, New Mexico, Idaho, 
Utah, and a few from Oklahoma. 

Q. What is the cliaracter and extent of the training here at the 
Sherman School? — A. We carry the students through eight grades. 
They can enter the high school at Riverside after completing the 
course here. 

Q. How many completed tiie course last year? — A. Six or eight. 

Q. Are they pretty well advanced when they come to your school ? — 
A. Very few of them come sufficiently advanced to complete our 
course in less than three years. Occasionally there is one sufficiently 
advanced to complete the course in one year. 

Q. How long has the industrial department been established? — A. 
Of course, they had their industrial employees and industrial teachers 
when I came there, but I have made the industrial work more exten- 
sive, and have given a great deal of attention to the organization of 
that department. 

Q. Have you observed the conduct of the pupils after they have 
completed the course ?^A. Yes; we write to them to keep in touch 
with them as much as it is possible to do. And we receive a great 
many answers, because there is a very strong school spirit. 

Q. You have an industrial school, and in addition to that you have 
a farm? — A. Yes, sir. 

Q. AAHiat do you grow on that?— A. The average crops and vege- 
tables, alfalfa for hay, barley, and crops like that. 

Q. What do you do with the profits of the farm? — A. The}^ are 
raised for the use of the school. 

Q. What is the state of discipline in the school ? — A. We have, I 
think, good discipline in the school. 

Q. Do you have cases of disorder among the boys ?— A. Ocaasion- 
ally we have to discipline a boy, but nothing very serious. 

Q. Do you have any trouble about the liquor question among the 
boys ? — A. Once in a wliile we have. In one case I was able to prose- 
cute the bootlegger. He plead guilty and was fined. The bootlegger 
is the hardest man to catch. Once in a while we discover that a boy 
has gotten liquor from a bootlegger, but not often. Riverside is a 
dry town, and there has not been a saloon there for many years. 

Q. What about health in the school? — A. Health conditions are 
quite good. We look after that very carefully. 

Q. During our visit there to-day we were shown the hospital and 
considerable discussion was had about trachoma. What percentage 



70 UINTAH AND OURAY AGENCIES, UTAH. 

of the pupils there in the school have trachoma ? — A. I would make 
an estimate of 15 per cent. 

Q. What is the method of handling those cases ? — A. Every child, 
when it comes to the school, is given a physical examination, and this 
includes an examination of the eyes. If it is found that they have 
trachoma they are put on the trachoma list and placed in the trachoma 
ward of the hospital for isolation purposes; then they are operated 
on if necessary by the school physician. 

Q. What has i3een the general effect of the treatment there? — A. 
Very good. We have cleaned out trachoma to a very large extent. 
We naturally have at the beginning of each year quite a number of 
cases, but by the end we will have it pretty well cleaned out. 

Q. Do you reject any trachoma pupils? — A. No, sir. 

Q. Do you have any tuberculosis there ? — A. We have a few cases. 

Q. What do you do with them ? — A. Generally send them home. 

Q. You do that, of course, to prevent infection? — A. Yes, sir; 
that is under the direction of the department. 

Q. What per cent of the pupils in the school have tuberculosis, 
would you say ? — A. I could not say that we have more than 2 or 3 
per cent. 

Q. Have you had experience with white pupils? — A. Yes; some 
years ago. 

Q. How do they compare with the Indians as to tuberculosis ? — A. 
I don't beUeve they have any more tuberculosis among the Indians 
than you would find among the white students. The children are all 
supposed to be examined before they are sent to school, and, of 
course, many children are rejected on account of their physical con- 
dition, and we do not know about the number of those. They are 
rejected before they come. 

Q. How do you purchase supplies for mess ? — A. The mess manager 
purchases them. I mean for the table, for the dining room. And the 
supplies are purchased under contracts let by the Indian Bureau. 

Q. Of course, all supplies are inspected? — A. Oh, yes; but we 
have nothing to do with that. 

Q. Have you had any trouble with bad food supplies? — A. We 
have had no trouble with the character of the food. The food has 
been better within the last few years. 

Q. What do the meals consist of ? — A. Meat, potatoes, vegetables, 
soups and gravy, and oatmeal. Gravy is one of the very substantial 
foods. 

Q. Do you have any complaints from the pupils as to the food ? — 
A. No; we have a good cook. 

Representative Burke. How long have you been in the Indian 
service ? 

A. Twenty-two years. 

Representative Burke. You have had considerable experience 
with the reservation generally, have you not ? 

A. Yes, sir. 

Representative Burke. I want your opinion, if you have one, as 
to what you think would be the practical way to meet the con- 
ditions that exist pretty generally among the Indians with relations 
to trachoma and tuberculosis. How do you think we ought to 
handle that ? 



UINTAH AND OURAY AGENCIES, UTAH. 71 

A. I think the tuberculosis proposition is one that would have to 
be handled largely in the locality, because the Indians arc quite 
averse to going long distances from their home, and I think a_ great 
deal could be done by establishing sanitariums in the vicinity of 
their own reservations. 

Representative Burke. Would it pay, in your opinion, as a first 
step to establis]i local hospitals for the treatment of tuberculosis, 
ratner than at once to establish a central hospital ? 

A. Yes, sir; that would be my judgment. 

Q. From your experience with trachoma, do you think it is prac- 
tical to admit pupils with trachoma to the schools and isolate them 
and put them under treatment, rather than to reject them and leave 
them to get such treatment as they may get upon the reservation? — 
A. I have not rejected any pupils with trachoma, because I have felt 
by permitting them to come to the scliool we could handle them there 
all right. 

Representative Stephens. Do you segregate them? 

A. Yes, sir. 

Q. You have separate rooms for them? — A. We have separate 
wards. 

Q. Do you have separate buildings for tuberculosis patients ? — A. 
When the doctor finds a positive case of tuberculosis we send them 
home. We do not keep them in school. 

STATEMENT OF I. F. McCORMICK, SUPERINTENDENT OF THE 
PECHANGA AND OTHER RESERVATIONS. 

I. F. McCoRMiCK, fii-st being duly sworn by the chairman, testified 
as follows: 

Examination by the Chairman: 

Q. What is your post office ? — A. Temecula, Cal. 

Q. Are you superintendent of Indian reservations in this country ? — 
A. Yes, sir. 

Q. How many have you and what are they ? — A. Eight: Pechanga, 
Pala, Pauma, Rincon, Logolla, Captaingrande, Cequan, San Pasqual. 

Q. What tribes of Indians are represented? — A. All the Mission 
Indians. 

Q. What is the total number of Indians?— A. About 1,000. 

Q. What is their method of maintenance ?— A. The Pala Reserva- 
tion is very well provided for. They have a good irrigation sysetm 
just completed. 

Q. What is the area of land in cultivation there? — A. I should 
judge this last year, 700 or 800 acres. Rincon is just getting their 
irrigation system in. We have been dry farming on it. And some of 
these reservations that I have charge of have no means of mainte- 
nance, but only a few faniiUes five on them. Only a few famiUes live 
on the San Pasqual Reservation and the Cequan Reservation. The 
worst is the Pechanga Reservation. They are poverty stricken. 

Q. How many acres are there in the reservation? — A. There are 
3,000 acres there. They do dry farming and raise some hay, but they 
have no water, not even for domestic use. They have to carry water 
2 and 3 miles for household use. Two hundred and thirty acres of 
that is good land. 



■72 UINTAH AND OUEAV AGENCIES, UTAH. 

Q. I8 there a known water supply?-— A. Yes, sir; by pumping it 
out of the ground. One well has produced a very good flow, and the 
superintendent of irrigation stated that three such wells would pro- 
duce sufficient water. 

Q. About how much would that cost ?— A. By connecting them all 
with one pump it would cost about $50 an acre. That would be some- 
thing over $10,000. And if they are not given water there is abso- 
lutely nothing to work for with them. 

Q. How many are there ? — A. Two hundred and fifteen on the rolls, 
but a few are not on the reservation. Half of them are not on the 
reservation at any one time. The young people must get out and 
find work to do. There is nothing there for them. 

Q. What educational facilities have you ?— A. Day schools on the 
Pechango, Logalla, and Captaingrande. 

Q. What is the total number of pupils in those schools ? — A. About 
60. 

Q. What is the total school population on these reservations? — 
A. They are all in school. A part of them are attending school here 
at the Sherman School. About 18 are here at the Sherman. I could 
not state the exact number ofl' hand. 

Q. What is the general health conditions among those Indians? 
Is it good?— A. No, sir. 

Q. Do they have tuberculosis? — A. The Pauma Indians seem to 
have it worse than any other. 

Q. Is there anything being done to prevent tills? — A. We have a 
physician in charge of live reservations, but no special work is being 
done. 

Q. Who made an inspection with reference to this disease here ?— 
A. Dr. Shoemaker and Dr. Harrington. 

_Q. What percentage did they report ? — A. I don't know. I don't 
think he found any real active cases on our reservation. 

Q. Where is this reservation this young Mi*. Meyers is irom? — 
A. The Ce;^a. That is about 45 miles from here. 

Q. Who is the superintendent? — A. Harwood Hall. 

Q. Do you issue rations for any of those ? — A. Rations are issued 
for the old ones. 

RepresenratiTe Stephens. Ai'e the Moraugo Imliaiis under your 
supervision ? 

_ A. No, sir. I would like to state in regard to the allotment ques- 
tion that the Ringon Reservation should be allotted right now. 

Representative Stephens. What is the area? 

A. I don't know off-hand. 

Representative Stephens. How many Indians are there ? 

A. One hundred and fifty, I think. 

Representative Stephens. What area do you think ought to be 
embraced in each allotment ? 

A. They have a reservation. 

Representative Stephens. What would be the area of each 
allotment. 

A. Of course, there is no use of alloting the mountain land. I 
think there is not over 300 acres to be divided among the 150 Indians. 

Representative Stephens. So that there would not be over 2 acres 
for each Indian ? Would that be sufficient to maintain them ? 

A. No, sir; but it would be better than it is now. 



UINTAH AND OURAY AGENCIES, UTAH. 73 

Senator Townsend. If they had water on that 300 acres would 
they work it ? 

A. Yes, sn-. 

Senator Townsend. How much hind are they working now? 

A. They are trying to farm all they possibly can. 

Q. Are they pretty intelligent? — A. Yes, sir. 

Q. Do they manifest a disposition to cultivate the soil ? — A. Yes, 
sir. In some localities they do not. This same bunch of Indians 
was at one time well to do. They were in a prosperous condition 
when they were run out. The white people went in there, and, with 
the aid of the deputy marshal, they threw some of them out and 
dumped their things out in the road. They packed up and went 
off until they came to a spring and settled there, and that is on their 
reservation, where they are now. 

Senator Townsend. "^ Who got the ground, their land? 

A. I don't know. They were put off by the United States mar- 
shal. One of his deputies is at Temecula now; his name is Banks. 
He was the deputy then. 

Senator Townsend. Is it possible to get water on that land where 
they are now? 

A. It is, but it is expensive. The superintendent of irrigation 
stated that it would cost about $50 an acre by pumping. 

Senator Townsend. Is the land very valuable if water is put on it? 

A. I suppose if water was put on that land, it would be worth 
$400 or $500 an acre. 



YAKIMA INDIAN RESERVATION AND WAPATO 
IRRIGATION PROJECT, WASHINGTON 



HEARINGS 

BEFORE THE 

JOINT COMMISSION OF THE 
CONGRESS OF THE UNITED STATES 

SIXTY-THIRD CONGRESS 

FIRST SESSION 

TO 

INVESTIGATE INDIAN AFFAIRS 



SEPTEMBER 29 and 30 and OCTOBER 1 and 3, 1913, AT NORTH 

YAKIMA, TOPPENISH, FORT SIMCOE, AND 

SEATTLE, WASH. 



PART 2 



0^ 



WASHINGTON 

GOVERNMENT PRINTING OFFICY 

19U 



JOINT COMMISSION TO INVESTIGATE INDIAN AFFAIRS. 

Congress of the United States. 

senators. repeesent.\tives. 

JOE T. ROBINSON, Arkansas, Chairman. JOHN H. STEPHENS, Texas. 

HARRY LANE, Oregon. CHARLES D. CARTER, Oklahoma. 

CHARLES E. TOWNSEND, Michigan. CHARLES H. BURKE, South Dakota. 

R. B. Ke.vting, Arkansas, Secretary. 
Ross Williams, Arkansas, Clerk. 
U 



OOXTEXTS. 



DouM.Carr (three) 75,128,132 

Ralph H . Lord (two) 107, 123 

John Walsh 114 

Chief Waters 124 

George Meninick 12^ 

Harve\ Shuster (two) 1^9. 15-^ 

H. M. Johnson 134 

Thomas Robins : 144 

Joe W. Phillips, agency farmer 15^ 

William Charley 156 

R.H Lilly 158 

Johnny Johnson |^^ 

Harry B. Miller, chief clerk 162 

Dr. George W. Wimberly, agency physician 179 

Boliver J. Lloyd, United States Health Service 187 

III 



YAKIMA INDIAN RESERVATION AND WAPATO IRRIGATION 
PROJECT, WASHINGTON. 



MONDAY, SEPTEMBER 29, 1913. 

Joint Commission to Investigate Indian Affairs, 

North Yakima, Wasli. 
The commission met at 8 o'clock p. m., pursuant to the caU of the 
chairman. 

The following members were present: Senator Joe T. Robinson 
(chairman), Senator Charles E. Townsend, Representatives Jolm IT. 
Stephens, Charles D. Carter, and Charles H. Burke. 

STATEMENT OF DON M. CARR, SUPERINTENDENT, YAKIMA 
AGENCY, FORT SIMCOE, WASH. 

Don M. Carr, being first duly sworn by the chairman, testified as 
follows : 

By the Chairman: 

Q. You are the superintendent of the Yakima Indian Reserva- 
tion ? — A. Yes, sir. 

Q. How long have you served in that capacitv? — A. Since July 1, 
1912. 

Q. Had you been connected with the service, the Indian Bureau, 
prior to becoming superintendent of the Yakima Indian Reserva- 
tion? — A. Not in the Indian Bureau; no, sir; but with the depart- 
ment for some time. 

Q. What is the number of Indians on the Yakima Reservation ? — A. 
The population is .3,076. 

Q. Wlien was that census taken? — A. July 1, 1911. 

Q. Wliat number of these Indians has been allotted ? — A. Three 
thousand one hundred and sixty-nine approved allotments and 1,100 
selections have been made, the latter or which have not been sub- 
mitted to the commissioner for consideration or a})])roval. 

Q. Who is the alloting agent? — A. Mr. M. F. Norse is the special 
allotting agent. 

Q. Are you not in error as to how long he has been engaged on the 
reservation in making allotments? — A. The records show that this 
series of allotments was commenced in June, 1910. 

Q. Are the selections submitted through you ? — A. No, sir. They 
will be submitted direct, although a copy for my general information 
has to be furnished me. 

Q. Have any copies of selections made been furnished you during 
his service here? — A. No list of selections from June, 1910, up to the 
present time has been made until during the past two weeks, of selec- 
tions. Some 1,100 in number have been suggested and put in proper 
shape for submission. 

75 



76 YAKIMA INDIAN EESERVATION, ETC. 

Q. By whom was this done ? — A. It was done by a clerk detailed 
from the agency. 

Q. Why was it not done by the allotting agent himself, if you 
know? — A. Well, he had no facilities for doing it. The clerk of the 
agency who was detailed to do it is called the allotting clerk. His 
duties at the agency consist in passing upon apj^lications for enroll- 
ment, in looking up family-history matters, and in the preparation 
of land cards, one of which must go to the allotting agent before he 
will consider the enrollment of an applicant. 

Q. What is the name of this clerk? — A. Mr. Richard Newmaik. 

Q. What is the reason for the delay, if you know, in making these 
allotments ? — A. I do not know. 

Q. Have you any supervision or control over the allotting agent 1 — 
A. For the past two years the superintendent of the reservation has 
acted as the special disbursing agent for the allotting operations. 
That has been the extent of the supervision that the superintendent 
has had over the allotting work. 

Q. During all this time Mr. Norse has been on the reservation as 
allotting agent he has not submitted any selections to the depart- 
ment for approval or rejection? — A. I understand not. 

Q. How are these allotments made? Describe the process and 
how they are marked and what means are used for determining the 
allotment. — A. The allotment work would probably be divided 
into two classes, that relating to the eligibility of the applicant, the 
other covering the actual selection of the land. The first step takes 
place at the agency. An applicant presents himself and shows his 
qualifications to receive an allotment; if deemed satisfactory a land 
card is made out and sent to the allotting agent, and that is his 
authority to allow the applicant to make a selection. The practice 
has been followed of requiring in all possible cases the applicants to 
select their own land; at least Mr. Norse has so stated to me that that 
was his practice. There have been some cases in which he, acting on 
the power of attorney, has selected for applicants. 

Q. How are the allotments marked, their boundaries? — A. They 
are marked by iron monuments. 

Q. W^hat is the area of an allotment on the Yakima Indian Reser- 
vation? — A. Eighty acres within an u'ligable section was the area of 
the earlier allotments; when the irrigable area was reduced they were 
given 40 acres in irrigable land, and the balance in grazing land. 
The grazing allotment is 160 acres. 

Q. C^an you state the total of the irj-igable allotments that have 
been made anrl a]:)proved on the reservation? — A. There have been 
approved 3,169 allotments; probably 1,950, either 40 or 80 acre 
tracts, are susceptible of irrigation in the event of a sufficient water 
supply. 

Q. What has been the expense of making these allotments? — 
A. A])]H-oximately, say up to July 1, 1913, the average cost per year 
has been about $18,000, except the first year, when the operations 
cost $20,000. 

Q. How much per allotment ? — A. The average cost would be 
about $50 per allotment, hrespective of the character of the country 
in which the allotment lies. 

Q. What does this cost consist of, if you know? — A. The cost con- 
sists largelv of the salaries of the intermediate crew, which has been 



YAKIMA INDIAN RESERVATION, ETC. 77 

classed iis a douljlo crew, composed of 10 men for most of the time; 
the cost of forage for the horses, ])urchases of wagons and fuel, sur- 
veying mstruments, camp equipage, and a small amount for the 
traveling expenses of the allotting agent. 

Q. What is tne necessity of so many men hi making these allot- 
ments? — A. I presimie that what is called a double crew has been 
employed on the theory that they could do twice as mucli woi'k in 
the same tmie as half the men. 

Q. Well, had the land been surveyed prior to the allotments being 
made? — A. Yes, sh. Practically the entire area had been surveyed 
before this allotment work commenced. 

Q. Then it was no ])art of the duty of either of the crev/s to make 
surveys ? — A. Other than to establish allotment corners. 

Q. Well, I still can't understand the necessity for 10 men doing 
that kind of service. — A. There has been necessary some interior work 
in tlie section in which the allotting crew is now working, due to the 
fact it is scattered timber area with considerable underbrush. 

Q. Have you inforniation that a number of these allotments made 
by Mr. Norse will in all probability be rejected because admittedly 
the parties are not entitled to an allotment? — A. I have understood 
that some persons whose applications for enrollment were pending 
before the department have been permitted by Mr. Norse to make 
tentative selections, and that just recently some of those applicants 
have been denied the privilege of enrollment. 

Q. Do you know about how many? — A. I can give you that to- 
moi-row. I did not have a chance to look at it the other day. 

Q. You do not know whether more than 100 oi' not? — A. I do not 
think so. 

Q Who is entitled to enrollment on that reservation? — A. The 
act of 1910, under which this allotment work has been carried on, 
says that land shall be allotted to children of Yakima parentage, or 
those probably belonging to any one of the tribes that compose the 
Yakima Nation who had not theretofore received allotments. 

Q. Is it the practice to construe that statute strictly or apply it 
liberally to persons who are entitled (o receive allotments? -A. I 
believethat has been liberally constiued. In that connection I would 
like to say that I have had but one council; that was in November, 
1912. At that time the Indians took the positive position with re- 
spect to doubtful applicants, and the most of those cases were eithei 
passed over without action or were turned down. There will not be 
any more councils, so far as I am advised. 

Q. Do the councils determine the right of an applicant to an allot- 
ment ? — A. Not finally; no, sir. The views of the council are given 
considerable weight, but both the Indian Office and the department 
act upon the facts stated in the application, which must be in the 
form of an affidavit, witnessed by two known members of the tribe, 
and upon the action of the council and the recommendation of the 
superintendent. 

Q. That action of the council is advisory ? — A. Yes, sir. 

Q. Not conclusive ? — A. No, sir. 

Q. Have there been cases where Indians other than of Yakima 
parentage have been admitted into the tribe by the so-called process 
of adoption ? — A. I beUeve there have probably — not recently either. 
My recollection is that the action taken on the council of 1912, which 



78 YAKIMA INDIAN EESEEVATION, ETC. 

was just received at the agency a few days ago, turned down the 
apphcations of several people who could only show part Yakima 
blood, the other part being Nee Perce or some other one of the 
tribes. 

Q. Have you visited among the Indians of the reservation since 
you became superintendent? — A. Very generally; yes, sir. 

Q. To what extent— how often? — A. At least "^ half my time is 
spent in the field. 

Q. And the remainder of your time is spent in the office at the 
agency, I presume, or the greater part ? — A. Yes, sir. 

Q. Wliat is the general condition of the Indians with reference to 
thrift and industry on the reservation ? Wliat have you noticed 
about that ? — A. I believe that the Indians of this reservation are of 
a progressive class, well above the average. 

Q. What per cent of them are self-supporting? — A. Probably 20 
per cent. 

Q. You mean only 20 per cent are self-supporting? — A. Yes, sir; 
irrespective of the revenues derived from land sales or proceeds of that 
kind. 

Q. You issue no rations ? — A. We issue no rations ; no, sir. But 
in the self-supporting class, may I say, I mean those Indians who do 
not look to the agency for any support at all. 

By Representative Burke : 
Q. There are no gratuity appropriations for this agency? — A. No, 
sir; no gratuity appropriations at all. 

By the Chairman : 

Q. So they are practically self-supporting? — A. Yes, sir; but there 
is an element who support themselves through the leasing of their 
lands. 

Q. They are not dependent, then? — A. No, sir; not on the agency. 
I excluded those when I said 20 per cent. 

Q. Practically they are all self-supporting? — A. Yes, sir. 

Q. No paupers among them? — A. No, sir; very few. 

Q. How are the pauper class cared for ? — A. In the winter we issue 
a small amount of rations to the needy. The number is very few; I 
think only 10 or 12 during the winter. That is out of tribal funds. 

Q. There are very few paupers among them, however ?^ — A. Yes, 
sir. 

Q. What is the condition of the Indians generally with regard to 
health; I mean the Indians on this reservation ? — A. The general con- 
dition is very good, I would say, with the exception of two classes of 
diseases which are not acute as yet. 

Q. What are they? — A. Trachoma and tuberculosis. 

Q. Have any investigations been made to determine the number 
affected with trachoma and tuberculosis? — A. An investigation was 
conducted during 1912 by officials of the Public Health Service, pur- 
suant to an act of Congress, and I believe an investigation relative to 
tuberculosis was conducted in 1911 by the officials of the Indian Serv- 
ice. Those are the two investigations conducted along scientific 
lines, I might say. 

Q. Do you know what percentage of the Yakima Indians — I mean 
the Indians on the Yakima Indian Reservation — are affected with 
trachoma? — A. The report of the Public Health Service just referred 



YAKIMA INDIAN RESERVATION, ETC, id 

to, which is printed as Senate Document No. 1038, Sixty-second Con- 
gress, third session, contains a table, on pa^e 23, showing tlie per- 
centage of trachoma among the Indians oi the State of Wasliington 
as 13.35 per cent. 

Q. They do not make a separate statement as to the Indians on this 
reservation d — A. Yes, sir; they do. The conditions on the various 
reservations are chissified in the same report, more in detail, to show 
the percentage. On the Yakima Indian Reservation it is 19. S3. 

Q. Do you know what ollicer made this investigation for the 
Yakima Reservation ?— A. Dr. Lloyd. 

Q. Where is he now ? — A. I beheve his regular station is at Seattle. 

Q. Were you here when he made that investigation? — A. Yes, sir. 

Q. Did you confer with him ? — A. I cUd, sir. 

Q. Did "you observe his method of working in making the investi- 
gation ? — A. Yes, sir. 

Q. What did he do, and how did he obtain his information? — A. 
At the upper end of the valley he visited the school at White Swan, 
the school at the agency, and Aasited some of the homes of the In- 
dians — that, in fact, was the course that he pursued throughout the 
entire inquiry, visiting, also, the schools at W^apato and Toppenish 
and stopping to interrogate Indians wherever he met them, on the 
street or an}' phice else. 

Q. Do you know how many homes he visited on this reservation ? — 
A. Xo. I do not. 

Q. He did not undertake to visit them all? — A. Oh, no. He only 
attempted to visit enough to get an intelligent idea what the situa- 
tion was. 

Q. He merely made an estimate based upon such information as 
vou have described? — A. Yes, sir. 

Q. It did not pumort to be an accurate report as to the actual 
number affected. lias there ever been any census, other than that 
which you have just described, made by Dr. Lloyd of the Indians 
infected on this reservation? — A. Not that I know of in the way of 
an actual census; no, sir. 

Q. I wish you would turn to the Colville Reservation and see what 
the percentage of Indians is there who are afflicted with trachoma? — 
A. The table on page 31 of the Senate Document No. 1038 shows 
that at Colville Mission Dr. Lloyd examined 31 pupils; of that num- 
ber 21 had trachoma, which would mean a percentage of 67.74, 

Q. Do vou know whether he made any more extensive investiga- 
tion on the Colville Reservation ?- A. No; I do not. I have not 
looked for Colville in particular, and this is the only table I see. 

Q. Have you any information as to whether trachoma is increas- 
ing or decreasing among the Indians on the Yakima Indian Reserva- 
tion ? -A. I am inclined to the opinion that it is increasing. 

Q. Has any action been taken within your knowledge to check 
the disease or prevent the further spread among them? — A. The 
Washington office has directed the submission of estimates looking to 
the remodeling of an old buildirig at the agency to be used as a 
trachoma hospital. 

Q. Who is your doctor on the reservation ?- A. Dr. George ^^ . 
Winiberlv. 

Q. Do\vou know the extent of his treatment of this disease and 
what he has done regarding it on the reservation ? — A. Just in a 
general way. He has treated many cases and some with success. 



80 YAKIMA IXDIAX RESERVATION^ ETC. 

Q. What do _\ou believe, from your observation, to be the per- 
centage of Indians on that reservation that are afflicted with trach- 
oma; do }0u think the Lloyd statement is accurate? --A. I think the 
Lloyd statemeat is a little conservative. 

Q. You think there are more than that I — A. Yes, sir. Not acute 
cases, but cases of trachoma nevertheless. 

Q. Cases that are noticeable ? — A. Yes, sir. 

Q. How many pupils are there ia tlie boarding school near the 
agency?— A. The capacity is 131. 

Q. Were they examined during the last year with a view of ascer- 
taining how many of them had trachoma ? A. Dr. Lloyd examined 
them at the time he was there. 

Q. Anyone but Dr. Lloyd ? Dr. Wimberly has not made any 
examination? — A. Well, all pu})ils have to be examined before they 
can be admitted or enrolled. 

Q. Admitted to the school ? — A. Yes, sir. 

Q. Don't they admit anyone who has trachoma? — A. No, sir; the 
regulations will not permit it. 

Q. However slightly affected, they are excluded? — A. The condi- 
tion of the regulation is that if they have trachoma they are not 
admitted. 

Q. Have you a mission school on the agency? — A. No, sir; the 
boarding school at the agency is the only school outside of the pub- 
lic schools. 

Q. Now, I want to ask you about tuberculosis among the Yakima 
Indians. What do you know about that? Is this disease common 
among them? — A. The disease is common; yes, sir — not so much so 
in the northwest as in the southwest. Dr. Lloyd also made inquiry 
with respect to tuberculosis, and found that for the State of Wash- 
ington there was a percentage of 5.41 who had the disease. This is 
based upon an examination of 1,347 Indians. 

Q. Did he make a statement as to the percentage of the Yakima 
Indians who had tuberculosis? — A. I don't think he did; no, sir. 

Q. Do you know whether he made a statement regarding the Col- 
ville Indians afflicted with tuberculosis? — A. I do not think he did. 

Q. In that connection I wiU say that a doctor, one of the agency 
physicians, estimates that in his territory at least 25 per cent of the 
Coiville Indians have tuberculosis. What do you think about the 
Lloyd report with reference to its accuracy — 5 per cent and some- 
thing tubercular Indians among the Yakima Indians here ? — A. Oh, 
it is too low. 

Q. You think it is more than that ? — A. Yes, sir. 

Q. Would you have an idea, Mr. Carr, about what would be a cor- 
rect percentage? — A. WeU, I would say 18 per cent would not be 
too high for tuberculosis. 

Q. In your opinion is tuberculosis increasing or decreasing h( re 
among the Indians ? — A. I do not think it is a disease that is gaining 
percc^ptibly. It is difficult to detect it in the Indians until they get 
down, as they are very reluctant to mako their condition known; and 
the known cases are jiot a fair indication of aU the cases on the 
reservation. 

Q. How many agency physicians have you here ? — A. One agency 
physician, located at the agency. Fort Simcoe, and we have two con- 
tract physicians, one each at Wapato and Toppenish, who receive 
$200 each per annum. They are carried as employees. 



YAKIMA INDIAN RESERVATION, ETC. 81 

Q, Dr. Wimberly does outsidi^ practice, I mean tidditional practice, 
does he iiot? He docs not confine his practice to the Indians, docs 
he? — A. The condition in the upper end of the valley is such that it 
is a considerable distance to the nearest physician, at cither Toppen- 
ish or Wapato, and in emergency cases and probably otherwise he has 
been called and rond^M-c d ser^dce, so I understand. 

Q. What proportion of his time does he put in among the In- 
dians?— A. He has always been willing, to my knowd dge, to answer 
calls made upon him, but those visits have depended entirely upon 
calls or requests from the Indians for him. 

Q. He does not undertiike to go among them with a view of m- 
specting or investigating the condition, but only responds to such 
caUs as are made upon him? — A. I think so. 

Q. Does he undertak(> to go anyw^here on the reservation in answer 
to those calls? — A. Piioj- to the time that we secured these two 
physicians at Wapato and Toppenish he went any place. That w-as 
pretty difficult during the time that the school was in session, because 
he would be away from the agency for three or four days of necessity; 
could not get down to the Satus country and back in three or four 
days at the best. Most trips he took four days. 

Q. Does he handle it now?— A. Not now. We handle it by these 
other physicians. 

Q. What is the school population on this reservation? — A. 1 
wordd say the total population is about 400 children. That would 
include the children at the agency school, at the pubhc schools, a.nd 
also the known reservation schools. I am eliminating a possible 
100 or so, maybe a few more. 

Q. You have no day schools on this reservation? — A. No, sir. 

Q. I wish vou would describe the school system which is avail- 
able for Indian pupils on the Yakima Reservation.— A. The school 
at the agency is the usual boarding school of the service. 

Q. How many pupils are there, did you say?— A. We have 131 
capacity. 

Q. liow many teachers are employed there ?— A. Three. 

By Senator Towxsexd: 

Q. You say capacity; how many attend ?— A. 131. Sometimes 
there is a little bit over that if we can crowd them in and still keep 
within the sanitary requirements. 
By the Chairman: 

Q. How many teachers have you there, Mr. Carr?— A. W^e have 
thi-ee. At the present time we have no principal and have not 
had any since the 1st of last March, but the advanced teacher has 
been acting as the principal teacher. 

Q. What subjects are taught in that school?— A. The school goes 
as high as the fifth grade. 

Q. You spoke a moment ago of sanitary conditions among the 
pupils; have you a dormitory there? — A. Yes, sir; two, one for the 
bovs and one for the girls. 

Q. What is the relative number of pupils, male and female? — 
A. Just about half and half. If tliere is any shortage in attendance, 
it is on the bovs' side. 

Q. Do the Indian parents of those pupils visit the school often ?— 
A. They do at stated times, principally on Saturday afternoons, 



82 YAKIMA INDIAN RESERVATION, ETC. 

when the children are allowed the freedom of that immediate terri- 
tory — allowed to go to a near-by store. 

Q. What limitations do you place on the number of pupils attend- 
ing the school ? How do you determine when you have as many as 
you can care for ? — A. The regulations of the office require us to a 
certain amount of floor space for every child. 

Q. What is that? — A. I do not recall just what the cubic feet is. 

Q. Can you ascertain? I would like to get it in the record, if I 
can. Do you enforce that regulation fairly ? — A. Yes, sir. 

Q. Is it within your jurisdiction to enforce it, or the duty of the 
principal ? — A. It would be the duty of the physician, I would say, 
to see that the regulation was enforced, to see through me — if there 
was any violation take it up with me. 

By Kepresentative Burke: 
Q. You are the superintendent of schools, are you not? — A. Yes, 
sir. 

By the Chairman: 

Q. What number of pupils living on the reservation are in the 
public schools ? — A. During the last school year we had a total 
enrollment of 204 pupils of Indian parentage in Yakima County. 

Q. From what fund do you maintain that boarding school? — A. 
Largely rrom Indian school support, as I recall, any deficiency being 
supplied from tribal moneys. 

Q. Wliere do j^ou secure the money to pay for the tuition of Indian 
pupils in the pubUc schools ? — A. Those payments are made upon 
contracts, and the settlements are made through the Washington 
office. The vouchers are prepared here and taken up and certified 
and then submitted and the settlements are made from that end. 

Q. You do not recall what fund they are paid from ?- A. I do not 
recall. 

Q. What do you think of the relative value of the two systems; 
that is, day schools on the reservation or putting the pupils where it 
can be done in the public schools ? —A. I am strongly convinced that 
the public-school system is much more advantageous to the child than 
the boarding school or the day school, which is to my mind the least 
desirable of them all. 

Q. ¥/ill you give your reasons for this ? A. My observations in the 
last few years have led me to beUeve that the contact with the white 
people, the chance to observe and the course of training, which is 
probably more advanced than usually pursued in the reservation 
school, IS the reason for the advantage of the public schools over the 
boarding schools. The day school is not desirable because it is more 
in the nature of a gathering place for the families of the children there. 

Q. What is the sanitary condition of the boarding school? De- 
scribe it. — ^A The boarding school at the agency is old; that is, the 
buildings are frame construction; they are all heated by wood stoves 
and the bathing facilities are limited ; the sleeping rooms are sanitary ; 
the wash rooms are crowded; but the principal objection is the lack 
of room, sufficient room for space for individual toilets, and also poor 
plumbing in connection with the wash rooms. 

Q. Have you given consideration to the best means of checking the 
ravages of trachoma and tuberculosis among the Indians ? — A. I feel 
that the establishment of this hospital that I have heretofore referred 



YAKIMA INDIAN RESERVATION, ETC. 83 

to and the coiidiictin<^ of what ]ni«i;ht be called a cainpaign is the best 
way that has occurred to me to reach the situation. 

Q. Well, would the estabhshment of a tuberculosis hospital in New 
Mexico, for instance, be of material aid, in your opinion ? — A. T could 
reach a sanitarium at Fort Lapwai, Idaho, easier than I could hi New 
Mexico, and there are one or two cases I have tried to get there and 
have had (Hfficulty in getting them away from the reservation. 

Q. The Indians do not like to have their children or family leave the 
reservation, do they ? — A. No, sir. 

Q. They want to keep them where they can see them themselves 
on the reservation? — A. As a rule, they do. 

Q. Have you any cases of blindness on the reservation ? — A. I can 
recall of one old man at this time. 

Q. You do not know of any others ? — A. No. We have not any 
children now. We did have a child that died a few months ago, but 
I made special inquiry a few months ago and only learned of one. 

Q. ^'NHiat was his name ? — A. Joe Selin — Yenhnato. 

Q. Is Saluskin blind?— A. Oh, no. 

Q. What is your opinion of the efficiency of the boarcUng school ? 
Ai-e you satisfied with the service that it is rendering among the- 
Indians ? — A. As a kindergarten school to teach them their A B C's 
and to be taught the Enghsh language, I think it is all right. 

Q. The clerk at the agency is Mr. Harry B. Miller, I believe? — 
A. Yes, sir; he is the ranking clerk. 

Q. Do you know how long he has been employed there ? — A. Since 
1908, as I recall. 

Q. He was there when you came ? — A. Yes, sir. 

Q. Did you receive any information that he was alleged to have 
been deaUng in Indian l^,nds ? — A. I did not receive it; I discovered it. 

Q. Did you comnumicate that information to anyone in Wash- 
ington ? — A. I cUd. 

Q. To whom did you communicate it ? — A. I communicated it in 
a letter written in longhand from The Dalles, Oreg., in the early part 
of this past year. 

Q. To whom did you address the letter?— A. To Mr. Abbott. 

Q. You mean the Acting Commissioner of Indian Affairs? — A. 
Yes, sir; he was then and had been for some time the acting com- 
missioner. 

Q. Did you receive any reply to that letter? — A. I did not. 

Q. I hand you an instrument marked "Copy," purporting to be 
a letter dated January 11, 1913, and addressed to Mr. Abbott, signed 
by yourself. Is that a correct copy of the letter you sent? — A. 
That is a correct copy; yes, sir. The time that letter was sent I 
made a copy of it and in my own notes, in shorthand, with many 
changes. 

Q. Did you dictate the letter to a stenographer? — A. No, sir; I 
wrote it myseK in longhand. 

Q. And made a copy in shorthand? — A. Yes, sir; made a copy in 
shorthand. I did not keep a carbon copy; I kept the notes. 

Q. Is that copy made from the shorthand notes that you re- 
tained? — A. Made from my notes; yes, sir. 

Q. Have you previously written to Mr. Abbott regarding Mr. 
Miller and some of his transactions?^ — A. Early in the fall I had. 



84 YAKIMA INDIAN RESERVATION, ETC. 

Q. Have you got a copy of that letter? I mean the letter you 
wrote to Mr. Abbott. ^ — A. I thmk I have; yes, sir. I am quite 
sure I can produce it. 

Q. Can you produce it and attach it as an exhibit to your deposi- 
tion? — A. Yes, sir. 

Q. Did you get a reply to that ? — A. Yes, sir. 

Q. I will ask you to examine the instrument I hand you and say 
whether that is a copy of the letter you received from Mr. Abbott.— 
A. That is a copy; yes, sir. 

The Chairman. Copy of the letter to Mr. Abbott, dated January 
11, 1913, is attached as Exhibit A to testimony of Mr. Carr; a letter 
from Mr. Abbott, dated November 26, 1912, is marked "Exhibit B"; 
letter from Mr. Carr to Mr. Abbott, dated November 12, 1912, is 
marked ''Exhibit C." 

A. (Continued.) The letter of November 12, referred to in Mr. 
Abbott's letter of November 26, I have been unable to find a copy of, 
but his letter of November 26 acknowledges receipt of my letter of 
November 12; so it may be obtainable in the Washington files. 

Q. It also refers to some charges which were mentioned in your 
letter to him, does it not? — A. He says nothing has been done. 

Q. "Nothing has yet been done in regard to the matters you men- 
tion, and it will not be acted upon until the charges you suggest have 
been looked into"? — A. Yes, sir. The matter which had not been 
acted upon was a consideration of Mr. Miller for advancement, which 
I asked to be held up. 

The Chairman. These two letters will be printed in the record, and 
Exhibit C, if it can be obtained. 

Exhibit A to Deposition of Don M. Carr. 

The Dalles, Oreg., January 11, 1913. 
My Dear Mr. Abbott: Please see my letter to you of November 12 and your reply 
of November 26, 1912. The real reason for the request to defer action was to give me 
an opportunity to run down a "lead" I had. The data on the inclosed slips gives you 
what I have found to date. I am reluctant to bring it up and become involved and 
want to suggest that instead of handling it as coming from me you give the information 
to some good man to look into as an original proposition. The fact is I am very sorry 
for Mr. Miller, yet he certainly knew what chances he was taking. If you can handle 
it as I suggest or if you should'see fit to call them technical violations of the regulations 
(Circular 318, June 29, 1909) I would be glad if that consideration could be shown him. 
Unquestionably he is a good clerk (above the average) and a change might remedy the 
trouble. I do not blame him entirely for I honestly believe if he had not been made 
so much of by friends until he thought he was "it" he would not have violated even 
technically any regulation. 
Sincerely, yours, 

Don M. Carr. 



Exhibit B to Deposition op Don M. Carr. 

Department of the Interior, 
Office Assistant Commissioner of Indian Affairs, 

Washington, November 26, 1912. 
Mr. Don M. Carr, 

Superintendent Yakima School, Fort Simcoe, Wash. 
My Dear Mr. Carr: I have your letter of November 12. asking me to defer action 
on the letter dated November 6. which you sent me in care of Mr. Davis. Nothing has 
as yet been done in regard to the matters you mention, and they will not be acted upon 
until the charges you suggest have been looked into. 
Sincerely, yours, 

F. H. Abbott, Acting Commissioner. 



YAKIMA INDIAN RESERVATION, ETC. 85 

September 8. 1013. 
Hon. Cato Sells, 

Commissioner of Indian Affairs, Washington, D. C. 
My Dear Mr. Sells: It is alleged that a clerk of the Yakima Agency, who has 
charge of appraising and selling Indian lands, has been selling Indian lands to a con- 
federate and then having the land transferred to himself, and thereafter selling said 
lands at a very big profit. 

This condition, it is stated, was reported by the superintendent of the Yakima 
Agency to one of the officials of your office several months ago, but no action was taken 
by him. 

"Would you please advise if the facts are along the lines as stated, and if so, (1) the 
name of the clerk at Yakima Agency guilty of the offense in question, (2) the name 
of the official in the Indian Office who was notified and who has known of this condi- 
tion, and (3) what action you take against the parties in question. 
Please give this your personal attention and greatly oblige. 
Sincerely, yours, 

Joe T. Kobinson, Chairman. 



Fort Simcoe, Wash., September, 1913. 
Hon. Joe T. Robinson, 

United States Senate, Washington, D. C: 
Your message 10th. January 11 this year I addressed a semiofficial letter to Acting 
Commissioner Abbott, advising that Clerk Miller was suspected of dealing in- 
directly inherited Indian land; suggested that matter be handled by department by 
giving the information available and obtained from county record to some good man 
to investigate. Inspector Secretary's office now making investigation; has obtained 
further evidence establishing dealing have suspected. 

Don M. Carr, Superintendent. 



September 8, 1913. 
Don M. Carr. 

Superintendent of Yakima Agency, North Yakima, Wash.: 
Wire me if you notified Indian Office official that clerk of your agency was charged 
with dealing in Indian lands and state when and to whom you communicated. Give 
particulars. Wire answer quick. 

Joe T. Kobinson, Chairman. 



Department of the Interior, 
Office Commissioner of Indian Affairs, 

Washington, September 10, 1913. 

My Dear Senator: I have your letter of the 8th instant, in which you make 
inquiry concerning a report that "a clerk at the Yakima Agency, who has charge of 
appraising and selling Indian lands, has been selling Indian lands to a confederate 
and then ha\ing the land transferred to liimself, and thereafter selling said lands at a 
big profit." 

Since receiving your letter I have made diligent inquiry to ascertain the facts about 
tliis matter, and have to advise, fo'st, the name of the clerk is Harry B. Miller; second, 
the name of the official in the Indian Office who is reported to have been notified con- 
cerning same several months ago is F. H. Abbott: tliird, on the 20th day of August, 
1913, what seemed to be dependable information came to me to the effect that Harry B . 
Miller, chief clerk at the Yakima Agency, has engaged in the purchase of Indian land 
through other persons, and that the records in the recorder's office there show at least 
five such transactions. In one of these cases the land was purchased from an Indian, 
witliin a few days transferred to Mr. Miller for approximately $2,600, and shortly 
thereafter sold by him to an eastern party for a sum approximately $5,600; that the 
Sarah Andy allotment has been offered for sale, and that it is believed that in some 
manner Mr. Miller now holds a contract involving its purchase price. 

On the same day, that is to say, August 20, 1913, 1 wrote to Inspector Linnen, then at 
San Francisco, Cal., among other things, as follows: 

"The office has received information, which it is believed is dependable, that 
certain irregularities exist at the Yakima Agency, a brief memorandum of which is 
inclosed herewith. 



86 YAKIMA INDIAN RESERVATION, ETC. 

"It is my wish that a thorough investigation be made, to the end that the persons 
involved may be absolutely vindicated, or the charges so proven as to leave no question 
as to the desirability of their separation from the ser\-ice. 

" As > ou will note from the memorandum herewith, there is but one person involved 
in serious charges of irregularity, but the investigation to be made with respect to the 
other two persons should be careful and complete." 

Mr. Linnen has been at Yakima for the last several days conducting this investiga- 
tion. 

On yesterday morning I caused a telegram to be sent to Mr. Linnen, emphasizing 
my desire that this investigation be very thorough, and to-day I have sent him the 
following telegram : 

"If you find land transactions as reported, ascertain why superintendent did not 
bring to attention of office at the time it first came to his notice." 

I have sent this last telegram with the view of developing the facts and fixing 
responsibility for delay where it belongs. 

Further answering your inquiry No. 2, 1 have personally examined the status file of 
the said Harry B. Miller, and find no reference to the matter about which you inquire. 
I have also made personal inquiry in an effort to ascertain the facts, and accordingly 
spoke to Mr. Abbott, telling him that it was rimiored that he had, several months 
since, been notified of the alleged conduct of Mr. Miller. His answer was that it was 
wholly untrue, and that he had never heard of it until mentioned to Mm by me to-day. 

As you will see from the contents of this letter, I am vigilently pursuing this investi- 
gation, and you may be certain that I will get to the bottom of it, and having done so, 
take such action as the facts found to exist may justify. 
Sincerely, yours. 



Cato Sells, 
Commissioner. 



Hon. Joe T. Robinson, 

Chairman Joint Committee to Investigate Indian Affairs, 

United States Senate. 



Wapato, Wash., Septembers, 1913. 
Hon. Joe T. Robinson, 

United States Senate, Washington, D. C: 
Your telegram 8 delivered through mails this afternoon. Subject matter is being 
investigated by inspector. Secretary's office, now here. Respectfully refer you to 
Commissioner Indian Affairs. 

Don M. Carr. 



September 8, 1913. 
Don M. Carr, 

Superintendent Yakima Agency, North Yakiina, Wash.: 
Wire me to-day for use Congressional Indian Investigation Committee if clerk 
your agency has been dealing in Indian lands, either directly or indirectly, and if 
you notified Indian Office official, Washington, conditions. If so, give name of 
clerk and Washington official, when notified, and full particulars. 

Joe T. Robinson, Chairman. 



Train 11, Southern Pacific Ry., October 8, 1913. 
The Secretary of the Interior, 

Washington, D. C. 
Mr. Secretary: The Joint Commission to Investigate Indian Affairs held hearings 
at North Yakima, Wash., and at Fort Simcoe, and among other things investigated 
the case of Mr. Harry B. Miller, clerk of the Yakima Indian Agency. We found that 
he has been engaged in buying and selling Indian lands on the Yakima Reservation. 
While the record shows that the purchases made by him were not direct at the Govern- 
ment sales, we think that the evidence strongly indicates that when the sales were 
made he had the purchases in contemplation, and that the sales were collusive between 
him and the alleged purchaser. 



YAKIMA INDIAN RESERVATION, ETC. 87 

Inspector Liimen has submitted his report showing the facts, and, in all probability, 
euch action as the circumstances may seem to require has already been taken. Some 
of the circumstances which show this collusion are the following: 

1. The consideration paid by Miller in every instance to the nominal purchasers 
was identical with the price at which the land was sold by the Government. 

2. In certain instances contracts were made between Miller and the nominal pur- 
chaser before the patent issued. 

3. Some of the records show that the transfer to Miller was made by the purchaser 
immediately after the sale by the Government, and in all cases Miller paid no ad- 
ditional consideration. 

The conclusion is therefore reached that the nominal purchasers Rorer, Powell, 
and Brown were actually acting for Miller. Rorer is dead. Brown's statement was 
taken. It supports Miller's statement in the main. Powell's testimony could not be 
obtained; he was absent in Nebraska during the entire time the commission was at 
North Yakima, and for the whole period that Inspector Linnen was there. 

Miller made two aflidavits to Inspector Linnen. In the first affidavit he swore 
that there were only two transactions relating to land sales in which he was interested. 
When confronted with the evidence of two more, he admitted them. 

It woiild seem that the good of the service would require that Mr. Miller be separated 
from the service. 

Yours, very truly, 

Joe T. Robinson, Chairman. 



Department of the Interior, 

Washington, October SO, 1913. 
My Dear Senator: In answer to your letter of the 8th instant you are advised 
that on receipt of Inspector Linnen's report the Commissioner of Indian Affairs sus- 
pended, l)y telegraph, Mr. Harry B. Miller, clerk at the Yakima Agency, Wash., and 
preferred the charge against him of dealing in Indian lands and deceiving the inspector. 
As soon as his answer has been received action will 1)e taken on the record. 
Very truly, yours, 

A. A. Jones, 
First Assistant Secretary. 
Hon. Joe T. Robinson, 

ChairmanJoint Committee to Investigate Indian Affairs, 
United States Senate. 



December 8, 1913. 
Hon. Cato Sells, 

Commissioner of Indian. Affairs, 
Washington, D. C. 
My Dear Sir: In response to your verbal inquiry as to the opinion and recommenda- 
tion of the Joint Commission to Investigate Indian Affairs concerning the case of 
Harry B. Miller, clerk of the Yakima Indian Reservation in the State of Washington, 
it is the judgment of the commission that Mr. Miller should be separated from the 
service for the good of the service. 
Yours, very truly, 

Joe T. Robinson, Chairman. 



By Representative Burke : 

Q. The question of Mr. Miller's promotion was under considera- 
tion ? — A. Yes, sir. 

Q. And you suggested that the matter be held until you could 
make some inquiries into some matters concerning him % — A. Yes, sir. 

Q. You did not prefer in that letter any specific charge ?^ — ^A. No, 
sir; not at all. There was nothing in the way of detailed information 
sent until my letter of January 11, 1913. 

By the Chairman : 

Q. I see by this copy of your letter of January 11, 1913, that you 
refer to data on slips vrhich are inclosed. — A. Yes, sir. 
35601— PT 2—14 2 



88 YAKIMA INDIAN RESERVATION^ ETC. 

Q. What did that data relate to ? — A. That data consisted of infor- 
mation on the land-sale cards of sale of two allotments. One was the 
Joe Pollywaka and the other was the Casey Spooner sale. The Casey 
Spooner sale I have since found out was incorrect, except I confused 
the description, and what I thought then were two transactions was 
in fact a transaction in connection "s\ith the Joe Poll3rwaka case. 

Q. Did this data which you sent in there show or purport to show 
the data of sales of certain allotments and the dates of conveyance to 
Mr. Miller of the same lands from the alleged purchasers at those 
sales ?^ — A. The data I submitted showed all the transactions as con- 
tained in the land-sale cards at the agency, consisting of the number 
of the allotment and the appraised value, the date the bids were 
opened, and all similar data, together with the brief statements of the 
transfer of this particular piece of land as contained on the county 
records. 

Q. Those transactions consisted of conveyance to Mr. Miller 
shortly after the sale of the tract sold for the same consideration as 
that for which they were sold, I beheve. Do you know how many 
of those transactions there were ? — A. You mean altogether ? 

Q. Yes. — A. Well, there were four tracts altogether. May I go 
back to that Pollywaka case just a minute ? 

Q. Yes. — A. The ])oint in the Pollywaka case that attracted my 
attention and which was the one thing that I had at that time was 
the fact that the agreement between the parties selling to Mr. Miller 
and Mr. Miller was dated a month and a few days prior to the issuance 
of the fee patent to the original purchaser. This information was 
secured from the county records, and at that time was the information 
that made it appear to me that the matter might be investigated 
further. 

Q. Who was the original purchaser of the Pollywaka allotment ? — 
A. As I recall, Roher. 

Q. Mr. Roher has since died, I beheve? — A. Yes, sir. 

Q. Do you know Mr. Powell? — A. Yes, sir. 

Q. W. L. Powell ?— A. Yes, sir. 

Q. Since you have been superintendent of the reservation has he 
bought a number of tracts at these sales ? — A. Not since I have been 
superintendent. Practically all of his operations were before my 
time. I think there has been one since I have been superintendent. 

Q. You have no knowledge, I suppose, of transactions except what 
you have seen from the record and the data which you sent to the 
department? — A. That was all 

Q. What was it first attracted your attention to the matter and 
prompted you to make an investigation? — A. There seemed to me 
to be a — when I took charge I assumed from everything that I had 
heard that he was an excellent young man and employee, and at 
first had no reason to even think that he was engaged in buying 
Indian lands. Several of the prominent buyers, particularly Powell, 
seemed to transact their business, or at least come to the agency 
at times when I was out, or if I was there they were on very close 
terms with Mr. Miller, seemed to prefer to get information from 
him rather than from me, and it was with the idea of ascertaining 
what that relationship was that first caused me to commence to 
look sharp. 



YAKIMA INDIAN RESERVATION, ETC. - 89 

Q. Were those parties investors in land, for the most part, that 
you noticed, or were there others as well? — A. No. My remarks 
are directed almost entirely to Mr. Powell, although there was a 
little bit of a close relationship between Mr. Miller and Mr. Brown, but 
not so great. 

Q. Mr. Brown was another of these purchasers who afterwards 
conveyed to Mr. MiUer for the same consideration? — A. Yes, sir. 
I tried to find out, after looking at the county records and not find- 
ing anything, what methods were followed by these people in deal- 
ing with their lands where they bought on the deferred-payment 
plan, because I knew in some cases lands bought by them had been 
turned over to other people, and in a casual way found out that 
those transactions were handled through escrow agreement. I also 
had a pretty good line on the banks at which the people were doing 
business, but I didn't make any inquiry of any of the banks at that 
time because I had nothing definite to ask them. 

Q. Mr. Carr, whose duty is it to receive and keep and open the bids 
for allotments that are sold ?— A. Well, if the bids would come in 
while I was there I would take them or they would be put in the 
vault — in the safe. They are all supposed to be and generally plainly 
marked "Bid on Indian land, to be opened" so and so. The notice 
required that they be addressed in that way. 

Q. Did Mr. Miller have access to those bids as clerk? — A. He had 
access to the safe; yes, sir; to the vault. 

Q. Were those filed or left with him ?— A. They were put in the 
safe; yes. There was no secret that there was a bid there. I had no 
idea that he would tamper with them at all. 

Q. Was the pubUc informed as to the appraised value of the 
allotment? — A. Oh, yes; the notice advertised that. 

Q. So that the bidder would have an opportunity of knowing that 
when he prepared his bid ?— A. Yes, sir; that has been the practice of 
recent years. It used to be otherwise. 

Q. In the sale of allotments on that reservation what is the relation 
between the amounts for which the lands are usually sold and the 
appraised value— how do they run ?— A. Well, ordinarily they should 
run reasonably close, although it is just a matter of judgment of the 
probable value of a piece of land. As a rule a lot of people who have 
been making inquiry have said the land was appraised a Uttle too 
high. , . 1 

Q. In selling those allotments and making the appraisements, 
what elements of value are taken into consideration ? — A. We have 
to appraise each tract on its own merits, so to speak, considering 
the character of the soil, whether or not it is susceptible to irrigation, 
its accessibility to transportation facilities and towns, and matters of 
that kind, is what enter into consideration in arriving at the value of 

the land. <• i r, 

Q. How are these appraisements made?— A. Some ol them have 
been made by myself, and if I can't make them, I instruct the farmers 
to make them, but in the event any of them are made by farmers 
1 generally go over the matter before appraisement is accepted. 

Q. You don't rely on the farmers, then?— A. Not entirely so; no, 
sir. I think the men are competent, but I like to feel entirely 
satisfied myself. 



90 YAKIMA INDIAN RESERVATION, ETC. 

Q. You have submitted to Inspector Linnon a full statement of 
your knowledge of the transactions of Mr. Miller and these tracts of 
land I have asked you about? — A. Yes, sir; I have. 

Q. What have you to say about the location of the agency ? It has 
been suggested by some that it is not conveniently or properly 
located. What have you to say to that? — A. The agency is located 
32 miles from North Yakima, 26 miles from Wapato, and 30 miles 
from Toppenish. All of the financial transactions originate from 
those three places, and while we have dail}^ mail facilities six days 
out of the week, the arrival and departure of the mail makes it 
difficult for us to handle even our important matters of finance as 

{)romptly as we should. As a point of operation the ag( ncy should be 
ocated closer to what might be termed the business section, which is 
now locally known as the proposed Wapato project. 

Q. Where would you suggest it be located ? — A. The town of Top- 
penish is the largest town on the reservation and is probably going to 
be the best town. The agency has a reservation of 40 acres three-c[uar- 
ters of a mile from it directly west; but as a point of operation I 
believe that Wapato would be the best location, particularly 

Q. WeU, both of those towns have liquor sold in them, do they 
not? — A. Yes, sir. 

Q. Would it not be objectionable to move there for that and other 
reasons? — A. I do not think that at either place the agency should 
be in the town. The tract reserved for agency purposes near to Top- 
penish is three-quarters of a mile out, and the one we would like to 
get at Wapato adjoins the townsite. 

Q. Well, would not that virtuallj^ be bringing the Indians to the 
liquor, and would not that multiply your troubles in that particular, 
to move the agency to either one of those places ? — A. Well, it might, 
but I have a large number of Indians who visit Toppenish now. 

Q. Do they go there for the purpose of getting liquor? — A. Oh, 
they just go to town, and that is the principal town they go to. 

Q. Do you have much drinking among these Yakima Indians ? — 
A. I don't think we have but few who are habitual drunkards. We 
have a good bit 

Q. Have much trouble with bootlegging? — A. Yes, sir; I have a 
good bit of trouble. At least it seems a good bit to me. 

Q. Are these bootleggers white men or Indians, or both ? — A. Oh, 
they are both, mostly white men. 

Q. Are they pretty weU-known characters ? — A. Some of them are; 
yes, sir; but under the decisions of our court they must be caught in 
the act before you can get a conviction, and in the dark of the night 
it is pretty hard to see sometimes. 

Q. What are the common methods of operation, as you understand 
them, amongst the bootleggers on this reservation ? — A. Oh, they just 
buy a bottle of alcohol, paying 4 bits for it, and sell it to the Indians 
for 6 bits — 75 cents. 

Q. Do the saloons sell the Indians at the bar? — ^A. No, sir; not to 
my knowledge, and I do not think they do. 

Q. How many persons have you employed at the agency, Mr. 
Carr? — A. The agency force consists of eight employees. 

Q. Who are they ? — A. Mr. Mller is the ranking clerk, comnionly 
called the chief clerk; Mr. Case, who assists in handling individual 
Indian money transactions, which requires a good bit of clerical work. 



YAKIMA INDIAN RESERVATION, ETC. 91 

drawing checks, and so forth; Mr. Bcrkness is the property and issue 
clerk; Mr. Newmark, the rating clerk; and Widmorc, the stenographer 
and typewi-iter; Mr. Kirk, the heirship clerk; Mr. Buffalo, the lease 
clerk; and Mrs. Perkins is assistant. Those are the agency employees. 
On the school side I have three teachers, a carpenter, a blacksmith, 
an engineer, a seamstress, a laundress, a disciplinarian, a matron, 
an assistant matron, a labor and industrial teacher, a teamster, a 
school cook, a baker, a doctor, and a nurse. 

Q. Are any of your employees Indians ? — A. Yes, sir. 

Q. How many? — A. Mr. and Mrs. Besaw, the disciplinarian and 
assistant matron; Mr. Buft'alo, the lease clerk; Mrs. Jordon, the cook; 
and the person who will fill the position of baker are Indians, and 
Ml'. Case. 

Q. Well, what have you to say about the efficiency of these Indian 
employees — are they efficient? — A. Yes, sir; my employees are very 
good. 

Q. I mean the Indians? — A. Yes, sir. 

Q. How do they compare with the white employees ? — A. Well, 
Buffalo is a rattling good lease clerk, Case is a good typewi'iter, and 
Besaw is a good disciplinarian, and Mrs. Besaw is a good assista'nt 
matron. 

Q^ What kind of Indians are they; are any of them full blood? — A. 
I don't know that Mr. Buffalo is; I*^don't think he is. 

Q. What about the others? — A. Case has very little Indian blood, 
I guess; Mr. Besaw would be half at least; Mrs. Besaw would be full 
blood; Mrs. Jordon, the cook, is full blood. They are all from other 
tribes; none of them are Yakimas. 

Q. How long have they been thers, do you know ? — A. Oh, the long- 
est about a year — Mr. and Mrs. Besaw about a year. 

Q. Now, in the general work about the reservation do you have 
Indians employed? — A. Oh, yes, sir. In freighting, the Indians do 
aU of that of course, and in road construction work, they do that, and 
this year I have had one man who assisted in the operation of the 
force, some construction work, and the fires being a httle unusual, 
so much so that we had to employ some additional workmen, and I 
employed Indians wherever I could get them to do it. 

Q. How do they compare as laborers with white persons? — A. As 
laborers they do very well worldng for us. Back there where you 
asked me about the employees I forgot about my agency interpreter, 
who is an Indian, and my chief of police and policeman. 

Q. Wliat is the state of order and law enforcement throughout the 
reservation? — A. It is very good. 

Q. Do you have mut^h criminaUty ? — A. No, sir. 

Q. What amount of timber is there on the reservation ? — A. About 
600,000 acres of timber. 

Q. What kmd of tmiber is it ? — A. Largely yellow pine and Doug- 
las fix. 

Q. Is there much mature timber among it? — A. Good bit of it, 
yes, sir. It is matured and ripe. 

Q. Is it readily accessible to market? — A. Not readily, no, sir. 
The nearest units, one near Toppenish Creek, and the other on Sim- 
coe, are 1 miles from the town of White Swan . 

Q. What tmiber is on these units?— A. There is about 14,000,000 
feet in each of those units; stumpage. It is possible that timber 
could be handled locally, although it would take a few years to do it. 



92 YAKIMA INDIAN RESEEVATION, ETC. 

Q. Do you have any trouble with forest fires m your timber on 
the reservation? — A. We had a few this year, while last year we 
had none at all to speak of. 

Q. What protection have you here again,st forest fires? — A. We 
have a force of employees who serve as forest guards, working under 
the supervision of a deputy supervisor of forests. That force con- 
sists oi seven guards. 

Q. You have no control over them? — A. They work under my 
general supervision, yes, sir. The actual work on the ground is 
done under the supervision of the deputy supervisor of forests. 

Q. Have you disposed of any dead or down tbnber? — A. There 
has been no timber sales up to this time. 

Q. Is there any demand for it? — A. We had some inquhies last 
year, but they dicl not materialize. 

Q. Can it bo sold probably? — A. I think we can sell some; yes, sir; 
although I don't believe we could sell the most valuable part along 
the Klickitat River at this time. 

Q. Do the regulations provide for the sale of dead and down tim- 
ber ? — A. No, sir. The regulations do not provide for the sale of dead 
and down timber, except a nominal charge to white persons where 
they want it for firewood. 

Q. Do you have much demand for that kind of timber for fire- 
wood? — A. Very httle, and limited to settlers in the upper end of 
the valley. 

By Senator Townsend : 

Q. When did you first have any difficulty with Miller?— A. I never 
had any difficulty with him, Senator. 

Q. Has there been a good understanding between you and Miller 
all the time? — A. Oh, Miller does not know that I have done any- 
thing, or that I knew anything about it, or that I reported it up to 
this time. 

Q. Was that the only report that you ever made against Mm?— 
A. That was the only one; yes, sir. My letter of November 6 rec- 
ommended his promotion. 

Q. Now, on November 6 you recommended his promotion; then 
when did you write to have that held up ? — A. Six days after that. 

Q. Now, you remember what was the substance of that letter?— 
A. My letter of November 12 ? 

Q. We have a copy of that here, have we ? — A. No. The letter of 
November 12 is the one we can't find a copy of, but I just said in that, 
"referring to my letter of November 6, please hold up action in the 
matter of his promotion in order to give me an opportunity to in- 
vestigate some matters and run down a lead which I had which 
might" 

Q. That was the substance of the letter? — A. That was the sub- 
stance of the letter. 

Q. Was that written in long hand, too ? — A. That was in long hand; 
yes, sir. 

Q. Why did you write in long hand ? — A. Well, my files have gen- 
erally been pretty open, although I might have kept it at the house, 
that is true, but I did not want anybody to know about it up there. 

Q. And you marked it "confidential?" — A. Yes, sir. 

Q. Then you heard nothing from that ?— A. Got an acknowledge- 
ment of that letter under date of January 26; yes, sir. 



YAKIMA INDIAN EESERVATION, ETC. 93 

Q. Is that the ouo of which we have a copy? — A, Yes. 

Q. Then later, on January 11, 1913, you wrote him a letter teUino; 
him what you had found? — A. I did. The information that I had 
found was on the sUps inclosed with that letter. Of course, the sub- 
stance of what I found was contained in the letter itself; the details 
were on the shps. 

Q. And that was written in lon^ hand for the same reason the 
other letter was ? — A. Yes, sir. This information I got from the 
county record, as I recall, about the 20th of December, and I had 
to go up the river, on telegraphic instructions, to investigate a bridge 
matter, and I took it with me to handle it personally there, becausf^ 
I was free fi'om observation or an}^ possible chance of anyone getting 
on to anything. 

Q. Miller was subsequently promoted, was he, in salary ? — A. Yes, 
sir; the 1st of March he was promoted to $1,500. 

Q. Did you have any correspondence with the department or with 
the office between January 11 and March, when he was promoted? — 
A. I don't think I did; no, sir. I acquiesced; I thought something 
would come cf this matter and I had given up hope of getting him 
promoted sometime before that. I did not want him promoted then. 

Q. Do you remember whether you stated in the letter that you 
wrote on the 12th cf November to the Acting Commissioner that these 
w^ere not serious matters — anything of that kind ? Did you write 
that? — A. No, sir; I just asked him to defer action — that would be 
the best way to put it. I did not intimate to him really what I had 
in mind. I asked him to hold up action on that promotion. 

Q. But you say you did not indicate the nature of the thing you 
had in mind? — A. No, sir; I did not. 

Q. Now, you stated that Dr. Lloyd examined the children in the 
school, the reservation schcol, and Avent to the other schools here and 
talked with such Indians as he met. — A. Yes, sir; outside of the 
schools. 

Q. That was the extent of his investigation I — A. So far as I know, 
it was; yes, sir. 

Q. Well, would you expect he would find any in the schools when 
you exclude those who have it from the schools anyway? — A. The 
white schools have not been as strict, the public schools were not as 
strict. They do not require an examination, as thorough at least, 
as v\'e did have at the agency. 

Q. But the agency school — no scholai- is admitted there unless he 
passes the examination of your doctor? — A. No, sir. 

Q. So you would not expect to find any there if your doctor's 
examination was any good? — A. No: you would not. The per- 
centage ought to be 100, practically. 

Q. Well, that was a pretty poor way, was it not, to find out whether 
trachoma existed or not ? — A. Yes, sir. We should not have had any 
tliere, although it could have been conveyed there in a few cases. 

Q. Now, has your doctor excluded from entering the schools pupils 
or children who had trachoma? — A. Yes. sir; I believe he has. 

Q. Does he treat them afterwards ? Does he go to the families 
where they are and treat them?— A. Well, he has gone there, but it 
is not a successful way. Senator, because he might go four or five 
times and not find them there. 



94 YAKIMA INDIAN RESEKVATION, ETC. 

Q. Well, lias your doctor here advised any system of treating these 
children who are affected ? — A. The doctor is in thorough accord 
with this idea of gettmg a trachoma hospital. He feels something 
can be accomplished that way. 

Q. Has he made such a recommendation? — A. Yes, sir. 

Q. And it has been sent to the department? — A. Yes, sir. 

Q. Has he recommended a campaign such as you suggested a little 
while ago ? — A. Yes, su". He is in thorough accord with it. 

Q. What kind of campaign would that be? — A. Well, he would 
have to go out and examine the Indians at their camps or tepees, and 
where you discover trachoma try to persuade them to come in, and 
if you could not persuade them, why I am afraid I would have to send 
a policeman out to bring them in. 

Q. That is if you hacl a sanitarium for them at some place ? — A. 
Yes, sir. 

Q. How many farmers did you say you had? — A. Three. 

Q. What are their duties ? — A. Generally their duties are to assist 
the Indians in running his fai'm or learning to run it, caring for his 
stock and his implements. 

Q. Does he exercise that duty? — A. Yes, sir. 

Q. Quite extensively ? — A. Yes, sir. 

Q. Does he spend all of his time in the field? — A. Not all of his 
time, no, sir; we require the farmers at Wapato and White Swan to 
devote almost all of their energies to those matters. Now, the man 
at Toppenish is taken from that only as much as may be necessary to 
pass upon purchases of horses or implements or things like that that 
we are buying for them with trust funds, and also in the case of the 
man at Toppenish, the monthly allowance checks are sent to him for 
distribution. He is in his office on Saturday of each week to handle 
the office business, and the balance of the time he spends in the field. 

Q. With the Indians ? — A. Yes, sir. Driving around and investi- 
gating leases, and whether or not the terms are being complied with, 
and passing upon applications to lease, to see that the consideration 
offered is fair and proj'ier and matters of that kind. 

Q. Does anybody advise with the Indian as to whether he should 
till his land or lease it? — A. Oh, yes. We always try to get them to 
farm whenever we can. 

Q. To work it themselves? — A. Yes, sir. 

Q. Well, are you in a condition to equip them with the imple- 
ments and things necessary for farming? — A. In a good many cases 
they have individual Indian moneys derived from the sales of inher- 
ited lands, and these proceeds are used to put them on their feet. 

Q. It has been suggested, this question: You say you encourage 
them to work their own land; did 3^ou ever refuse to ratify a lease 
where you thought the man was able and ought to farm his land and 
work it? — A. I did. This past year I did in one case. It was a 
pretty difficult case to handle, too. The crop burned up, and the 
fellow would not farm it, and he came within the regulation of being 
able-bodied, and under such circumstances I would have had to have 
followed the regulation had I consented to leasing the allotment, or 
either let him put a labor contract on it, which would be for this 
year only. 

Q. You mean you do not consent to the leasing of land where the 
Indian is able-bodied ? — A. The regulations do not permit us to lease 
the land of an able-bodied allottee. 



YAKIMA INDIAN RESERVATION, ETC. 95 

Q. The regulations do not? -A. No, sir. On the theory that they 
ought to farm it themselves. The only exception to that rule would 
be a case where the man and his wife were living on the wife's land or 
land that is better than Ms. 

Q. There was some testimony, Mr. Carr, to the effect that an 
Indian was not able to get credit and he had to abandon his farm. 
What do you know about that? — A. Yes, sir; I made a note of that. 
I was going to ask if I might not say, in connection with that, that it 
has been my practice this year to get back of the Indians who exhibited 
a desire to farm their lands, but who were limited in a financial way, 
and to secure credit for them through different merchants, with the 
understanding that if the merchants would carry themi for subsistence 
and a limited amount for labor in putting up their hay, that the agency 
would see that they were reimbursed. That has been done in several 
dozen cases this year. 

Q. Were you going to discuss that particular case ? — A. No, sir. I 
say that has been done m several dozen cases the past year. ^ 

Q. Do you know what that case was that was spoken of Satur- 
day? — A. No; I don't Imow the case that was spoken of. The case 
that I Imow of is the Smith Lucei, where the question of mortgagmg 
crops was involved, but I think this credit proposition was just in 
general. 

Representative Burke. Well, Mr. Lee pointed out the place ol 
this particular Indian that was referred to the day before when we 
were passing. 

Mr. Carr. Smith Lucei, was it ? 

Representative Burke. I don't remember the name. 

Mr. Carr. The case I had in mind was a young fellow by the 
name of Bill or Sebastian Mann, but we did not pass that place. 

Representative Burke. We passed a place and he said that was 
the place Mr. Snively, or whoever it was, referred to. 

Mr. Carr. Yes, sir. 

By Senator Townsend : 

Q. Do any of the Indians on the reservation to your knowledge 
save money — have they any bank account — have they gotten ahead 
at all? — A. I know of several who have means; som^e of them are 
well-to-do, but they are exceptional instances. Take the Barnes and 
the Olneys and the Robinsons and the Bardons, they are breeds- 
some of the breeds particularly have been getting along very well, 
indeed. 

Q. What do people who do not have agricultural land or lands 
that will raise crops, what do they do for a living?— A. Some of them 
have grazing lands that they lease or they might be interested m 
inherited lands that they lease. I have not a poor class of Indians, 
I do not think at all. They are above the average in a financial way. 

Q. Do any of them have herds of their own on the grazing lands ?— 
A. Yes, sir; we have four bands of sheep owTied by Indians on the 
reservation. They have heretofore paid no grazing fee; in that 
regard they have had free range all year. 

Q. On the reservation you mean, or off the reservation? — A. les; 
on the reservation . 

Q. Did the lands belong to the reservation ?— A. Tribal lands. 

Q. Are you contemplating changing your policy m that respect ? — 
A. Well, it would seem advisable that they should be allowed free 



96 YAKIMA INDIAN EESEEVATION, ETC. 

range for a limited number, but using tribal property as they do they 
might at least pay a nominal charge for all above a reasonable number 
per family. 

Q. Now, have you contemplated the proposition of lumbering any 
part of the forests here that belong to the Indians where the timber is 
going back, where it is matured ? — A. We have considered logging 
operations on those two units that I referred to, on Toppenish and 
Simcoe Creeks; that is, we did last winter, but we could not get any 
encouragement from local people who might want to bid. The mar- 
ket did not seem to justify going to the effort of advertisuig it at the 
Erice we had to advertise it at. All of this timber has been appraised 
y a commission appointed for that purpose and the valuation fixed 
on some of the units, at least those two, at SI. 25 a thousand stumpage. 
We could not get any encouragement from any of the local people 
that they would bid that price. 

Q. Well, we came through large tracts of timber, we passed largely 
through them on the Colville, not here, as far as I can remember, 
but I assume it is the same iiere as it is there, where there was timber 
apparently going to waste, and it has been suggested by members of 
the Committee on Indian Affairs in the Senate, that perhaps a mill 
might be erected and the Indians allowed to lumber their own timber 
and thus, perhaps, save the waste, what seemed to be a great waste, 
that is going on now. Do you think that could be done successfully 
on this reservation f- A. The attempts here, Senator, have not been 
successful. They have had several mills, but as I said, for various 
reasons they were not successful. The principal one w^as because the 
Indians do not take to logging operations. I have a part of an old 
mill on my property return Jiow that was brought in here 18 years 
ago, and it is still at the agency; it never got to see any of the timber. 

Q. What i5 yellow-pine lumber selling for here? -A. We have a 
mill on private lands on the south side of the reservation, a good day. 
and a half's trip from White Swan, where we can buy a fair grade of 
pine for $7.50 a thousand. Now, the wagon transportation across 
the ridge is estimated to be about $10 a thousand. We could prob- 
ably get that timber laid down at White Swan for $17.50 or $18 a 
thousand, not figuring anything for wear and tear coming down about 
5 miles of rocks. We can buy the same lumber here for $20 and we 
can't compete with those prices through a Government mill. 

Q. Is there any of that soil that is covered with trees now good 
agricultural land ? — A. Some of it is, down in what is known as the 
bug-infested area, probably four districts in the Cedar Valley country 
and in tliis disputed strip recognized by the act of September, 1904, 
where the beetle presumably killed the timber, a butterfly having 
killed the foliage — I have been told by men who were there years 
ago that was some of the finest timber in this Northwest — that tim- 
ber is dead; that is, with very few exceptions, just an occasional tree 
here and there that survived the pest, and we have an undergrowth 
there now of pines, in some cases very thick, in some cases probably 
5 or 6 feet high; but we have soil there that's all agricultural land. 
The expense of clearing that land would be considerable. That is 
where the allotting operations are going on, being the only land still 
unallotted that can be classed as agricultural land. 

Q. Is that where it should be irrigated ? — A. There is hardly any 
possibility of water in that section. 



YAKIMA INDIAN RESERVATION, ETC. 97 

Q. So the land would not be very valuable after the timber was 
cut off? — A. No, sir; not to justify clearing it. 

Q. You say you have one field matron ? — A. Yes, sir. 

Q. What is her duty ? — A. She is charged with the duty of visiting 
the homes of the Indians, and at present is paying particular atten- 
tion to the women in an endeavor to improve sanitary conditions, 
assist in cases of sickness, and one thing and another. 

Q. Is she successful in that work? — A. Only fairly so. Senator. 
She really has not had a fair trial only up until a few months ago. 
When I came here she was stationed at Wapato, and the business of 
the agency was pretty large and she was performing the duties of a 
farmer, passing on implements and teams, and so forth, and trying to 
improve sanitary conditions also, but that has all been changed, she 
devotes her entire time to the duties of a field matron. 

Q. Can she get around among the Indians? — A. Oh, yes; she has 
a team — horse and buggy. 

Q. And she goes all the time? — A, Oh, yes; all the time. She is 
very faithful in her eft'orts to do all she can. 

Q. It is possible to get around over this reservation pretty well, is 
it ? — A. Very easily, with the exceptions of the times when the road 
get awfuUy heavy. 

Q. Do you use more than one ? — A. I could use another matron to 
good advantage, but these regulations just now, which the Senator has 
in his hands, proWde a new departure with respect to nurses at sick 
hospitals. Heretofore the nurse when engaged in nursing the chil- 
dren has been supposed to assist in other branches of the work — in the 
sewing room or wherever her services might be most needed — but 
these regulations are revised, that hereafter the nurse, when not en- 
gaged in nursing, shall deal with field matron's work. Now, I rather 
anticipate I can get some service out of the nurse in the upper end of 
the valley. 

Q. Would a woman be more liable to secure or accomplish reme- 
dies for trachoma, and so on, than a man ? — A. I don't think so. 
Senator. 

Q. Could not the matron induce the Indian mother or father to 
use a wash and keep separate tov/els for their children ? — A. I think 
some progress can be made, but anythmg m the way of a field matron's 
work must be accomplished by frequent visits there, at least in the 
early stages of the disease. 

Q. Do the doctors on the reservation have frequent caUs from the 
Indians? — A. Oh, yes. 

Q. If an Indian is ill, does he want a doctor? — A. Yes; they do 
quite often. I do not have many speak of the medicine man any 
more. They are breaking away from it very readily. 

Q. I was going to ask you about that. In a case of consumption 
do they use the sweat baths and the cold plunge? — A. Well, when 
they get down with consumption, why, of course, they do not. There 
are times when we don't know of a case of consumption until the 
man is about done. 

Q. Do they generally require a physician in the case of a birth of 
a child — does the mother require the services of a physician? — A. 
No; very seldom. They get along without any special services. Of 
course, there have been cases where the services of a physician have 



98 YAKIMA INDIAN RESERVATION, ETC. 

been required and they have been rendered, but as a general thing 
they do not in such cases call for a physician. 

Q. Do they observe the marriage relation closely? — A. I have some 
younger Indians who would be inclined to wander, but the older ones 
are pretty faithful to their vows. Those that we persuaded to be mar- 
ried legally in the past few years, and we are domg that in every case 
we can, seem to be just as good about keeping their vows as could be 
expected. 

Q. What do you call a legal marriage? — A. I mean get a license 
under the laws of the State and be married by a regular ordained 
minister. 

Q. Do they usually follow that course ? — A. We have to persuade 
them sometimes to do it. We have to show them that sometimes 
property rights and the rights of children are settled according to the 
laws of the State, and the Indian-custom marriages are no longer 
good. The}'^ are husband and wife, however, and are also allotted as 
husband and wife. 

Q. Is that true ? Suppose you have a case here of the death of an 
Indian who was not legally married, as you caU it when they have not 
taken out any license and have not been an officer such as is pre- 
scribed by the statute, which would make what we would call a 
common-law marriage, would not the common-law wife and the chil- 
dren from that relation inherit his property ? — A. The children would 
by virtue of a special act, I beheve, which requires that the child of 
any such marriage shall take the name of tlie father, but I do not 
believe that the wife or the woman would inlierit. 

Q. Would get any riglits ? — A. No, sir. 

Q. How about divorce?— A. Divorce? We do not have many 
Indian divorces any more. They are gettmg legal divorces. 

Q. Do you grant divorces? — A. No, sir; I do not. The decisions 
of the courts have been that hcenses issued by the superintendent and 
divorces granted by the Indian court are not vaUd, so we do not 
follow the practice here at all. 

Q. Now, you have said that you taught them to the fifth grade in 
the schools ? — A. Yes, sir. 

Q. Have you watched those children to know whether they went to 
school any after that ? — A. We have tried to get pupils from our 
school to go away to nonreservation schools. 

Q. With v/hat success ? — A. Last year we had a fine increase. We 
had an increase in the attendance at the Cushman School from 6 to 36, 
I believe it was. They seem anxious to go and I was anxious to get 
them there, and so far I have no cases where they came home for 
vacation and would not go back. They enroll for three years, you 
know. 

Q. In the school?— A. Yes, sir. 

Q. Have you seen any that came back from Cushman in the other 
schools ? — A. Yes, sir. 

Q. What do they do after they get back ? — A. Well, after they get 
through, Senator, some of them go to farming or become interested 
with their parents in stock raising or something like that. A few of 
them are following trades, but they generally take up farming, follow 
that. My people are naturally farmers or stock raisers. 

Q. To-day some of the gentlemen who were in the car with me 
stated that they had difficulty here in the admission of the Indian 



YAKIMA INDIAN RESERVATION, ETC. 99 

to the white schools outside. Tliat is, that the white people did not 
want the Indians in school because of trachoma.- — A. I do not think 
so, Senator. I do not think there is any prejudice in this county 
against the Indian children. I think where we have any known 
cases of trachoma, I think it is our duty to take the child out of the 
white school, the same as we would out of the boarding school. 

By Representative Stephens: 

Q. You have put into the record a letter purporting to come from 
Mr. Abbott, the Acting Indian Commissioner.^ — A. Yes, sir. 

Q. That was in reply to one that you had written him relative to 
this Miller matter ? — A. Yes, sir. 

Q. Is that an original letter or a copy that you have introduced 
here ? — A. This is a copy of an original which I have. 

Q. You have the original? — A. Yes, sir; I have it. 

Q. Did that original come in the ordinary envelope, franked 
envelope of the department, or was it stamped when it came to 
you ? — A. I would presume that it came in the ordinary franked 
envelope. It is signed "Acting Commissioner." 

Q. Do you know Mr. Abbott's handwriting? — A. Yes; I think I 
would, Mr. Stevens. I have known Mr. Abbott intimately. 

Q. You examined that letter when it came to you?^ — A. His 
signature ? 

Q. Yes. Was it in his handwriting?— A. Oh, it was on a type- 
written letter; the signature, I presume, was in writing. I do not 
resall having examined it with that idea in mind, but I have no reason 
to doubt that it v/as his signature. 

Q. Have you it with you to-night?— A. No, sir. The letter is at 
the ofhce at the agency, but I can get it to-morrow. 

Q. And examine it for that purpose before we leave?— A. Yes, sir; 
certainly. 

Q. Can you get the envelope in which it was foi-warded? — A. I 
don't think I can. I do not think I saved the envelope. 

Q. Is it customary to send them in the franked envelope of the 
Interior Department or is it customary to stamp them? — A. Oh, I 
would say this letter could very properly come franked. 

Q. Was it on the paper used by the department, whatever letter- 
head is used ? —A. Yes, sir. It was on the letterhead of the Assistant 
Commissioner. There are other indications there to my mind that 
would indicate that it was treated as a confidential communication, 
sent so as to reach me personally. 

Q. Could the statement in that letter have referred to anything 
else, except the Miller statement, the letter that you received— from 
the language could it have referred to anything else, except the letter 
you had written to him relative to the Miller matter? — A. No; it 
could not have referred to anything else. 

Q. Now, with reference to these Indian judges that are provided 
for in the Indian appro])riation bills every year; do you have any of 
those on this agency— judges of Indian courts? — A. We have tw^o; 
yes, sir; at the present time. 

Q. What services do they perform? — ^A. Well, the Indian court 
meets once a month or oftener, if necessary, to consider complaints. 

Q. Do you beheve them to be of any advantage in the control of 
the Indians ? — A. Oh, yes. They can settle complaints among them- 
selves to advantage. 



100 YAKIMA INDIAN RESERVATION, ETC. 

Q. You think it is money well spent, then? — A. Indeed I do. I 
think when you pay them only $7 a month and ask them to ride 20 
or 25 miles anyway, I think it is money well earned. I think they 
ought to have a httle more money. 

Q. You think they deserve more? — A. I do; yes, sir. 

Q. With reference to the sale of intoxicating liquors we also make 
a heavy appropriation every year, I tliink it is $75,000, for the pur- 
pose oiF preventing the sale of intoxicating liquors to the Indians. 
Is any of that money spent on this reservation ? — A. That money is 
spent under the regulations of the chief Hquor officer of the Indian 
Service. 

Q. Wlio is that officer here ? — A. I have no such officer. 

Q. How is that money expended here? — A. It has not been ex- 
pended during the last year except oue of the employees came in 
here to make an investigation for a few days. 

Q. None of it ? — A. No, sir. Practically speaking there has been 
no money of that appropriation spent on tliis reservation since I 
have been here. 

Q. Who was it sent here to make the investigation? — A. Why, 
Mr. Crowder was here for a few days looking around. 

Q. Did he take any steps toward preventing the sales ? — A. I think 
he arrested a couple of fellows that we could have picked up anytime. 

Q. Were they tried ?— A. They have been tried so often they have 
worn out their welcome. 

Q. Have 3^ou ever had any convictions ? — A. Yes, sir. Not in the 
past year, because the officers who followed it before that have quit 
since their pay was stopped for securing convictions. 

Q. Which court do you prefer to try them in?— A. We prefer to 
try them in the Federal court. 

*Q. Do you get more decision in the Federal court than you do in 
the State court, or are the sentences more severe ? 

A. The sentences of the court in the cases I have personal knowl- 
edge of are not severe; no, sir. Sixty days for the first offense. 

Q. That is, the Federal judges give them 60 days ?— A. Yes, sir. 

Q. Do they serve out the sentence or do they appeal? — A. Yes, 
they serve out the sentence and are very grateful to get off so easy, 
I think. 

Q. Do you have Indian police on the reservation ?— A. Yes, sir; 
I have four besides the chief of pohce, five in all. 

Q. Do they arrest anyone for violation of the law in the sale of 
Uquor ? — A. For the sale of liquor ? 

Q. Yes. — A. No, sir; they arrest Indians for being intoxicated, or 
things like that. 

Q. Do they get the bootleggers; do they arrest them?— A. No; 
they can't do that, hardly. 

Q. Would it not be an easy matter to find out who it is selling 
liquor ? — A. Well, we might use them in that capacity. 

Q. Would it not be easy to stop it if you were to use the Indian 
policemen the same as policemen are used in the cities for the purpose 
of arresting violators of the law ?— A. I do not beUeve, Mr. Stevens, 
that our poUcemen could ever be good enough detectives to find the 
offenders. 

Q. Then what is their duty as pohce oflScers ?— A. That is his duty, 
but I do not think he is a poUceman who could do it. I don't think 
he can catch them; that is the idea I have in mind. 



YAKIMA INDIAN RESERVATION, ETC, 101 

Q. Then would it not be possible with the appropriation of $75,000 
we have made, to employ white men? — A. They do employ white 
men, I think, under that appropriation entirely. 

Q. You have none on this reservation? — A. Yes, sir, 

Q, And yet liquor is being sold to your Indians? — A, I have no 
jurisdiction over that appropriation, I abide by the action of the 
department. 

Q, Why not put it up to the department ?-- A. I have. 

Q. And have proper employees of the Government to investigate 
and make arrests. — A. I have reported fully the liquor-selling condi- 
tions on this reservation in several communications. 

Q. Have you received replies to your communications? — A. Yes, 
sir: I have received replies, 

Q. But only had one man here to investigate ? — A. That's all. 

Q. You said if you thought there was an agency here wliere these 
saloons are located you did not think you would have any more 
trouble than with the agency as now located. — A. Why, I don't 
think we would with the agency at Wapato, Mr. Stevens. 

Q. Is it not a fact you pay the money to the Indians where the 
agency is for rentals ? — A. Not necessarily so. We send some by 
mail around to them. The montlily allowance checks are sent, some 
through the mail and some through the farmer at Toppenish. 

Q. But, as a matj?r of fact, is not the most of it paid by the agent 
at the agency? D)n't t!i3y com5 after it, in other words?— A. No, 
The agency is a long ways from the Indians down at tliis end of the 
valley, and we pay through the agent at Toppenish. Probably half 
and half; half at Toppenish and half at the agency. 

By Representative Carter: 

Q. What do you mean by 1,100 being on the schedule, Mr. Carr?^ 
A. I mean 1,100 selections have been made since June, 1910, and not 
reported to the commissioner for action, 

Q, And then what do you mean by the 300 others of which you 
spoke ? — A. The 300 are those where their right to allotment has not 
been determined entirely. There are probably one-half of those that 
have been passed upon favorably. 

Q. But you have 1,100 that have been passed upon favorably and 
placed upon the schedule; is that what I understand ? — A. Approxi- 
mately 1,100, less some few cases, 75 or more, that have been recently 
assigned . 

Q. Is it customar}^ for applications to be delayed for over three 
years, as these have been ? — A. My famiharity with the allotting work 
has been somewhat limited, but I would think that it would be for the 
best interest of the service to schedule them as rapidly as possible. 

Q. Do you know of any reason why these certain specific ones have 
been delayed ? — A. I have no kno>vledge of any particular reason why 
they should have been delayed. 

Q. Well, tell me something about the procedure for enrollment, 
Mr. Carr. How are the applications fii'st made? — A. The ri^ht to 
enrollment is passed upon by the superintendent of the reservation. 

Q. Well, but what is the first step toward inaldng an application ? — 
A. The person seeking an allotment must come to the agency and 
show qualifications to receive land on this reservation, and those 
qualifications must go to show that he has Yakima blood or is a 
member of one of the tribes mentioned in the treaty. 



102 YAKIMA INDIAN EESERVATION, ETC. 

Q. Does the same man who does the enrolHng do the allotting ? — 
A. Oh, no. The enrolling, that is, the passing upon the eligibility of 
an applicant, is done under the superintendent of the reservation, 
while the field work of allotting is done under a special allotting agent. 
Q. Does this field agent who accepts applications, does he hold a 
kind of court and swear witnesses and take testimony as to their right 
to be enrolled ? — A. In some cases the application must take the form 
of an affidavit. Where the person to be allotted is the child of an 
enrolled member and the parent presents the child there is very 
little to do^ in fact nothing, but to establish the identity of the child 
and the parent, which of course establishes its right and a history 
card completes the transaction. 

Q. And there is no reason why that kind of an application should 
not be finally acted upon mthin a term of 60 or 90 days? — A. No 
immediate reason I can think of; no, sir. 

Q. Now, as to controversy cases. Does he cross-question the wit- 
nesses as to these affidavits they make about the light of the appli- 
cant? — A. Those applications taking the form of an affidavit are 
supposed to show the degree of blood of the applicant and give the 
names of two persons, enrolled members of the tribe, who know the 
applicant to be related in such a way as to be entitled to enrollment. 
That information is brought out through questions. 

Q. Are affidavits only taken from members of the tribe ? — A. They 

are taken from apphcants, other than children of enrolled members. 

Q. I mean is no other evidence competent except that given by 

members of the tribe ? — A. Oh, yes. Any evidence that would tend 

to show the apphcant was eligible would be competent as evidence. 

Q. Well, can an apphcant be admitted to enrollment without the 
evidence of some member of the tribe that he is entitled to enroll- 
ment? — A. I don't thmk so; no, sir. 

Q. Do the applicants ever have attorneys? — A. Not to my 
knowledge, not unless it would be some — no ; not to my knowledge. 

Q. I passed a tract of land down on the Wapato project the other 
day and one of the gentlemen who was with us told us or pointed out 
certain portions there that he said some lawj^er in Seattle had ac- 
quired by reason of having had placed upon the Yakima rolls two 
Puyallup Indians. Do you know anythmg of that case? — A. Yes, 
sir. I know in a general way to what you refer, and as I recall, the 
facts are substantially these; there was some Sound Indians who 
came over here and apphed for enrollment; their applications were 
denied by the commissioner and by the department, whereupon they 
immediately got an attorney to present their claims, and ultimately 
their right to an allotment was approved, and they were given land 
over here. 

Q. Who did he present their claims to ? — A. Oh, the details I can't 
tell you. It happened before my time, and I have never had occasion 
to look it up. 

Q. You don't know whether it went first to the superintendent or 
direct to the Secretary ? — A. Oh, presumably to the agency, although 
I can't say. . . 

Q. You don't know whether they were admitted by an adminis- 
trative officer or by a special act of Congress ? — A. No ; I do not. 

Q. Well, you don't know if anyone represented the tribe in that 
case either resisting the enrollment? — A. No, sir; I do not. 



YAKIMA INDIAN RESERVATION, ETC. 103 

Q, You do not know whether evidence was taken on botli sides 
as in a reguhir case or not ? — A. I do not. Those allotments were 
approved some time ago, some few years ago. 

Q. What does the tribal council have to do wnth allotments?— 
A. The tribal council is a bod}^ of members of the different tribes on 
the reservation who pass upon the eUgibihty of applicants for en- 
rollment, and the weight of their action is simply as to their views 
as to whether or not they think the people should come. 

Q. Have they an}- regular procedure about it? Does the tribal 
council act first or does the superintendent act first ? — A. The tribal 
council acts first, and the superintendent has heretofore presided 
over it and recorded the action of the council. 

Q. The tribal council acts first, then the superintendent acts? — • 
A. Yes, sir. In submitting the findings of the tribal council the 
superintendent makes a recommendation with the facts, either 
approving or dissenting. 

Q. And the Secretary of the Interior takes the fuial action? — A. 
Yes, sir. 

Q. It is not conclusive until lie acts? — A. That is right. 

Q. Has there ever been any disposition on the part of the tribal 
council to prevent the enrollment of bona fide claims ?— A. Not to 
my knowledge — %vhat I consider bona fide claims; no, sir. 

Q. \\Tiat is the value, average value, of an allotment on the 
Yakima IncUan Reservation? — A. The values would range from 
twenty to one hundred and forty or fifty dollars. The average selling 
price for the past few vears has been in the neighborhtjod of $60 an 
acre. 

Q. WeU, I said (if an allotment. — A. The average price of an 
allotment ? 

Q. Yes. — A. Yv'ell, there would be 80 acres, and at $20, Avould be 
$1,600. The range would be pretty liigh there. 

Q. Well, now, llr. Carr, do you know where these appUcations of 
these 1,100 people were durijig aU this long delay of three years — what 
the status of them was at that time? — A. No; I do not. I had no 
infornation as to those selections at all. The agency maps show only 
the 3,169 approved allotments, and if I wanted any mformation \vith 
respect to any of those selections, I had to write to the allotting agent 
to get it. The reports that he submitted were nothing more than a 
summary of the ex])eiKlitures and immber of allotments made for 
the month. There has been no schedules of selections until this 
month. 

Q. Well, I presume from what you have said they have been in the 
office of the Secretary of the Interior since 1910? — A. Oh, no; they 
have been in the hands of the allotting agent. He has been workmg 
on them all that time. 

Q. I have not got it straight in my mind whether the allotments 
have been approved or not as to these 1.100 allotments. — A. The 
rights to those allotments have been approved; the selections have 
been made, but even after that the schedule must go to Washmgton, 
and that schedule must be approved before the Commissioner of the 
General Land Office would be authorized to issue a patent. 

Q. So their rights have been established ? — A. Yes, sir. 

Q. But their selections have not been approved ? — ^A. That is it. 
35601— PT 2—14 3 



104 YAKIMA INDIAN EESERVATION, ETC, 

Q. The delay then has been more with the allotting- agent 

A. All the delay has been with the agent; yes. 

Q. Than with the department? — A. There has been none in the 
department. 

Q. The enrollment has not yet been approved by the depart- 
ment? — A. That is correct. The enrollment — you mean the selec- 
tions of the land ? 

Q. No; I mean the enrollment. — A. No; then you are wrong, 
Mr. Carter. The right to the selection has been approved by the 
department in all these 1,100 cases, but 

Q. Wait just a moment. That was the question that was sub- 
mitted to the department m 1910, the right to enrollment? — A. 1910 
and 1911, and even my council of November, 1912. 

Q. At that time the cpiestion was submitted as to their right to 
enrollment? — A. Yes, sir. 

Q. That was approved ? — A. Yes, sir; tlieir right to enrollment 
was approved. 

Q. But their allotments have not yet been approved ? — A. That is 
correct. The actual descriptions of the lands allotted to each one 
have only been scheduled these past two weeks in order for selection 
for schedule for final approval. 

By Representative Burke : 

Q. Mr. Carr, this letter you wrote to Mr. Abbott in January, 1913, 
the letter written at The Dalles January 11, 1913, what did you do 
with it ? — A. I mailed it. 

Q. Wliere did you mail it? — A. Right there at tlie hotel. 

Q. Addressed to him ? — A. Yes, sir. 

Q. Personally or officially ? — A. It was addressed to him as acting 
commissioner. 

Q. In care of the department ? — A. Yes, sir. 

Q. Have you any knowledge that that letter ever reached Mr. 
Abbott? — A. I have no evidence; no, sir. 

Q. Have you reason to belie \^e it did ? — A. I have reason to believe 
it got there, because it was not returned to me at all. 

Q. Have you any knowledge as to whether or not Mr. Abbott 
would have any reason for favoring Mr. MiUer by suppressmg such 
a report ? — A. Oh, I have no knowledge that he would do that; no, sir. 

Q. Do you know whether he knew him personally or not? — A. I 
doubt if he did. Mr. Miller has a good many friends in the service, 
but I don't thhik that he knew Mr. Abbott personally. 

Q. Well, would such a letter as you wrote Mr. Abbott only be 
opened by him w^hen it was received ? — A. I would think so ; yes. 

Q. Because it was marked ''personal"? — A. Yes, sir; that would 
be the logical conclusion. 

Q. Was there anything in your letter that suggested that when he 
acloiowledged it he address you in a way that would prevent Mr. 
Miller from seeing the letter that he might write ? — A. Nothing in my 
letter to suggest such a course to him; no, sir. 

Q. When mail is received at tliat agency, is it opened ? — A. AU 
except that marked "personal"; yes, sir. Tliat is held for me. 

Q. Then if Mr. Abbott had written to you and you had been away 
Miller might have gotten the communication ? — A. If the envelope 
had not been marked "personal" and I had been away he would have 
opened the mail; yes, sir. 



YAKIMA IXDIAX RESERVATION, ETC. 105 

Q. How inucli indiA'idual moiioy have you got belongino; to Indians 
of tlie Yakima Tribe?— A. About 1180,000 now. 

Q. Is that deposited in local banks of the State of Wasliington ?— 
A. Yes, sir. 

Q. Wliat rate of interest do you got upon it ? — A. I wanted to call 
that up because the statement was made the other day that we got a 
minimum of 2 per cent and a maximum of 4 per cent, while in fact 
on checking accounts the lowest rate we receive is 3 per cent and the 
highest rate on time is 5h per cent, one of the banks paying 3 per cent 
and three of them paying 5 per cent on time. 

Q. Have you got some contracts where lands have been sold of 
deceased Indians for balances on the purchase price? — A. Deferred 
payment plan ? 

Q. Yes. — A. Yes, sir. 

Q. What rate of interest do they draw? — A. Those deferred pay- 
ments draw 6 per cent. 

Q. I wish you would tell us for our information how the Indian 
Office determines what the needs of this agency are or will be for the 
coming fiscal year. — A. Well, for the coming fiscal year they directed 
me to submit estimates, and said I must keep my estimates w^ithin a 
certain figure. Well, that covers my needs in so far as I can make 
that money go. 

Q. Tlieii, if I understand you, the Indian Office first advises you to 
submit estimates, stating you must keep your expenditures within a 
limit wliich they indicate? — A. Yes, sir. 'In calling for the estimate 
they told me I could not exceed the allowance for the previous year; 
that I must keep my estimates within tliat figure. They gave me the 
opportunity of submitting my needs, but entirely outside of the 
amount specified and theretofore allowed — what I thought was abso- 
lutely necessary to be put up as supplemental to the origmal estimates. 

Q. Are you required hi your estimate to submit in detail just what 
your needs are? — A. This year they required an analysis of the 
estimates; yes, sir. 

Q. Did you include the amount necessary for repairs ? — A. Yes, sir. 

Q. When was those estimates submitted? — A. I made that 
analysis early in the summer, about the middle of July. My recollec- 
tion is they had to be in the office by the 25th of July. 

By Senator Tow^nsend : 
Q. One question more in reference to that letter. Do you have 
any knowledge as to whether Abbott was in his office attending to 
his duties during the first half of January, at the time your letter 
would have been hable to reach him?— A. No; I can't say that I 
have. I don't recall either way. Senator. I did not know of his 
absence or I would not have written, I presume, until he was there. 

By Representative Bueke: 
Q. Do I understand that you have a practice on this reservation 
of paying to certain Indians from individual moneys to their credit 
a certain amount monthly ?— A. Yes, sir. In case of the older people, 
and some cases where the sales were made for the purpose of getting 
funds for their support, particularly, they are paid a monthly allow- 
ance, but before that is done we must get authority, the request for 
which contains all the available information of the circumstances 
of the Indian, from the Washington office. 



106 YAKIMA INDIAN EESEEVATION, ETC. 

Q. There is no law that recognizes a sale by the children, or with 
reference to minors, in order that the money may be used for the 
support of the minor, is there ? — A. Not that I know of. 

Q. That practice is not indulged in ? — A. No, sir. 

By the Chairman : 
During the course of the examination the question was asked about 
the air space required for each pupil in the boarding school. Inspec- 
tor Linnen has handed me the rules for the Indian school service, 
which provide "dormitories must supply 500 cubic feet of air space 
for each pupil accommodated. To determine cubic contents, dormi- 
tory rooms must be accurately measured. Rooms measuring more 
than 12 feet in height will be considered 12 feet only; floors and 
dining rooms are to provide 12 square feet for each pupil; school 
rooms must provide not less than 210 cubic feet of air space for each 
pupil. 

By Representative Burke: 

Q. Mr. Carr, in relation to the sale of liquor on this reservation; 
you spoke of a representative having been here on one occasion. 
Has Mr. Larson, the superintendent, visited the agency? — A. He 
conferred with me very recently in North Yakima. 

Q. Was he here for the purpose of conferring with you in regard 
to the conditions upon this reservation? — A. I understood he was; 
yes, sir. 

Q. Did he take up with you the necessity for action in order that 
the conditions might be corrected? — A. Yes, sir. 

Q. And did that contemplate his sending someone here at an early 
date? — A. I understand that he proposes doing so just as soon as 
he can get some man to come in. 

Q. These applications for enrollment, I understand you to say, 
have been approved by the department; that is, the question of the 
right of allotment? — ^A. Yes, sir; that has been passed on. 

Q. Does the department reject applications for enrollment after 
they have been approved by the tribal council and recommended 
by the superintendent? — A. Oh, yes, sir. The fmal decision rests 
with the department. 

Q. Now, how long have these cases, so far as you know, or any of 
them, been in the hands of the allotting agent after the approval 
by the department of the right to enrollment? — A. And before any 
selection was made ? 

Q. Well, as I understand it, after these applications for enroll- 
ment were made, do they first go to the department before they are 
submitted to the allotting agent ? — A. Oh, yes, sir. They go to the 
department for action first, that is, in that class of cases requiring 
departmental action. In the cases of the children of Yakima parent- 
age they do not need to go to the department; they go direct from 
me to the allotting agent. 

Q. What I am trying to get at is, have applications that have 
been approved been in the hands of the allottin.g agent for the pur- 
pose of making the allotment, without any report, for a period going 
back to 1910? — A. Yes, sir. There have been such cases — in fact, 
there has been no schedule of selections since the allotting was 
started, and I understand you to mean the report to be the schedule 
that I refer to. 



YAKIMA INDIAN RESERVATION, ETC. 107 

Q. What I am trying tc^ find out is if the Indian Office would per- 
mit an allottmg agent to go on for the ))oriod of three years supposedly 
in making allotments withtnit making any report in regard to the 
progress by submitting allotted cases ?— A. I think he made a i)rog- 
ress report, Mr. Ikirke; the information on which consisted of the 
amount expended and the number of selections made; but I believe 
that is all the progress report consisted of. 
By Senator Townsend: 

Q. I think the population of the reservation has been put both 
before this committee and the other one. — A. 3,076. 

Q. That is the number of Indians ? — A. Yes, sir. 

Q. Then you say there has been 3,169 allotted, 1,100 applicaticms, 
and 300 and something else? — A. Yes, sn. 

Q. Does not that mean about 5,000 Indians ?— A. That would total 
in the neighborhood of 4,500, but they can be accounted for by the 
fact that a good many are dead. V/e have estimated our heirship 
cases out here to be about 1,000. 
By Representative Carter: 

Q. I believe you stated that something near a hundred applications 
had been approved and allotments made, and the allotnu-nts were 
afterwards cancelled I — A. I have understood from the allotting clerk 
that the action of the department recently declined the right to an 
allotment in approximately a hundred cases, where tentative selec- 
tions had be?n made by the alloting agent. 

Q. Do you know on what grounds that was done. Mr. Carr ? — A. I 
do not. I have not had an opportunity to examine the departmental 
action, and I have not conferred with the ahotting agent. 

Q. Well, didn't it take just the same amount of care and work to 
make those 100 allotments which have been cancelled as it did to make 
the others? — A. I would think so; yes, sir. 

Q. So the cost of that has been completely lost ?— A. That would 
be the result unless other applicants would be ready to take paper 
adotments. That would not be the rule, because the Indians as a 
rule, want to see the allotment they are given. 

Q. \Miat do you mean by "paper allotments?" — A. Off of a map, 
selecting that given somebody else, and giving it to them right off 
the map. 

(Witness excused.) 

The Joint Commission to Investigate Indian Affairs assembled at 
the Commercial Hotel, North Yakima, Wash., at 9 o'clock a. m., the 
1st day of October, 1913, the chairman and Mr. Stevens being present, 
and proceeded with hearings as follows, to wit: 

STATEMEJJT OF EALPH H. LORD, CHELAN, WASH. 

Ralph H. Lord, being first duly sworn by the chairman, testified 
as follows: 

By the Chairman: 

Q, WTiat is 3-our name and business?— A. R. H. Lord; real estate. 

Q. Where do you reside, Mr. Lord ? — A. Chelan, Wash. 

Q. How long have you resided in the State of Washhigton ?— A. 
Twenty-four years. 



108 YAKIMA INDIAN RESERVATION, ETC. 

Q. Do you know the Wapato Irrigation Co. of the State of Wash- 
ington ? — A. Yes, sir. 

Q. Wliere are its operations? — A. In Chelan, Chelan County, 
Wash. ^ 

Q. What is the nature of its service? — A. Having an irrigation 
ditch and reclaiming arid lands. 

Q. What area is it designed to irrigate ? — A. Seven tliousand acres. 

Q. Among those lands to be irrigated are there any Indian lands ? — 
A. Yes, sir. 

Q. Wliat is the area of Indian lands embraced within the Wapato 
irrigation project? — A. I should think about 5,000 acres — between 
five and six thousand. 

Q. This project is to be distinguished from the Wapato project on 
the Yakima Indian Keservation? — A. Oh, yes. 

Q. It is entirely separate and apart from that and has no connec- 
tion with it? — A. Entirely separate. It is in Chelan County. 

Q. Do you know when the Chelan- Wapato Irrigation Co. was 
organized, or about when ? — A. You mean the Wapato Iirigation Co. ? 

Q. Yes; I refer to it as the Chelan- Wapato to distinguish it from 
the project on the Yakima Indian Reservation? — A. Yes; I do not 
just remember the year. 

Q. Do you know the principal stockholders ? — A. I do. 

Q. What are their names and residences? — A. M. F. Backus, of 
Seattle; and LeRoy Backus, his son, of Seattle; and Joshua Green 
and J. A. Swallweh, also of Seattle; and W. G. Swallwell, of Everett, 
Wash. 

Q. Plave you had any connection with this company or rendered 
any service to it ? — A. Yes, sir. 

Q. State when your connection began and the nature of your 
employment and the character of services that you rendered. — ^A. I 
entered into a contract with them on March 27, 1909, whereby I was 
to sell to them certain lands that I owned in the vicinity of this pro- 
posed project, and my employment was to purchase the lands from 
the Indians for them. 

Q. As an agent for the company? — A. Yes, sir. 

Q. Did you make purchases from the Indians for the company? — 
A. Yes, sir. 

Q. And reported them, and were they consummated ? — A. Yes, sir. 

Q. I believe that you now are engaged in some litigation growing 
out of some employment with the company? — A. Yes, sir. 

Q. And this litigation is pending where? — A. In the supreme court 
of the State. 

Q. What was the judgment of the court below? — A. I got a judg- 
ment of my claim in full. 

Q. Do you know whether or not a bond was executed by the irri- 
gation company in connection with the furnishing of water? — A. I 
know only by hearsay. 

Q. You have never seen a copy of the bond? — A. I never have. 

Q. Do you know where that bond purports to have been filed ? — 
A. In Washington. 

Q. With the Bureau of Indian Affairs, Interior Department? — A. 
Yes, sir. 

Q. You can not, of course, state the substance of the bond nor 
furnish a copy of it ? — A. No, sir. I will say, in connection with that, 



YAKIMA INDIAN RESERVATION, ETC. 109 

that it was my understanding that 1 hey were to furnish this bond as 
a further protection to the Indians, and I so used that as influence 
with the Indians in dealing with them to in(hice them to sell their 
lands. 

Q. From whom did you obtain that understandmg?— A. From the 
officers of the company and the Indian agents that were sent out 
there. 

Q. Were you instructed by the officers of the company and the 
Indian agents to make those representations to the Indians in order 
to secure the land for the company? — A. Yes, sir. 

Q. As a pai-t of the consideration or inducement to the sale of the 
lands it was represented that a bond would be executed for the faith- 
ful performance of the conditions of the contract relating to water ? — 
A. Yes, sir. 

Q. Are you informed as to whether the bond was, m fact, made and 
filed or cash in Heu of a bond deposited ?— A. Well, that is hearsay 
again, but I have been informed that such a bond was made and it 
was in the nature of a cash bond, and that the company put up a cer- 
tified check for the amount, $50,000; and I was also informed later 
by some one of the Indian agents that the check had been cashed and 
the cash was now being held. 

Q. Now can you explain the nature of the contract, in a general 
way, made ^^dth" the Indians regarding the sale of their lands and the 
placing of water on the reserved portions of their lands ?— A. I can 
give you a rough idea of what the instrument was that I used for them 
to sign. It was called a consent. They did not seU their land to 
me or to the Wapato Irrigation Co. or anyone else, but they simply 
signed an instrument that was called a consent, ''We hereby consent 
to the sale of our land''— certain portions of them, describing the 
amount of land and upon the terms and the prices that they were to 
receive, and in this instrument it states that the person so buying this 
land shall furnish to the Indian water right for his retained land, not 
to exceed, or not to be less than, 80 acres and not more than 80 acres, 
of H acre-feet per season. 

Q" Have you a copv of this so-called consent instrument that was 
taken from the Indians (~-A. Yes, sir; I think I have a copy of all of 
the consents that were signed. 

Q. Have you it with vou ?- A. I have not. 

Q. Will you furnish them to me at your earhcst convenience?— A. 
Yes, sir. , . 

Q. To be attached as part of your evidence ?— A. 1 es, sir. 

Q. Then, as a part of the consideration expressed in this instru' 
ment, authorizing the sale of a portion of their lands, it was provided 
that the Indian should be furnished by the purchaser with water on 
his reserved 80 ? — A. Yes, sir. 

Q. Do you know whether contracts were entered into by the com- 
pany for "the furnishing of water, called water-right contract?— A. 
Yes, sir. 

Q. Have you se'?-n copies of those contracts ?— A. 1 es, sir. 

Q. Were those uniform in form? — A. Yes, sir. 

Q. Now, if that contract specified that water should be furnished 
to the Indians to irrigate their reserved tracts by the 1st of June, 
1913— is that right?— A. No; 1911. 



110 YAKIMA INDIAN RESERVATION, ETC. 

Q. Van you stak^ from your own personal kiiowl'dgo Vv-li<?ther that 
provision of the contract lias been compUod with by the company? — 
A. None of it was compKed with on the date. 

Q. There was a breach in that condition of the contract and no 
water was suppUed o]i the 1st day of June, 1011 '] — A. No. 

Q. Can you say whether it has boon sinc<^ fully complied with, or 
corapli'xl with in any part I — A. In part it has. 

Q. Do you know to about what extent? — A. I think there is now 
about, possibly, 150 acres of the land, of the total amount of land, 
that is coven d by these water deeds that there has been water 
furnished to. 

Q. Do you know the total amount that is covered by the water 
deeds, or about ? — A. Seven hundred and twenty acres. 

Q. Then, if I understand you correctly, only a small portion of 
those lands embraced within these contracts have been supphed with 
water? — A. A very small portion. 

Q. After these water-right contracts were made with the Indians 
and after you had taken their contract, which you call consent 
contracts, providing for the sale of a portion of their land, were you 
permitted by anyone to undertake to secure the consent of the In- 
dians to a revision of the bond and water-right contract ? — A. I was 
not asked to do that. 

Q. Was any request made of you concerning it? — A. No; there 
was not. 

Q. What happened about that? — A. Some members of the com- 
pany, together \yith an Indian agent representing the Interior 
Department, came there and made that proposition to the Indians 
themselves, and the Indians consulted with myself and other of my 
associates there. That is the way I came to know about it. 

Q. Who was the Indian agent, and who were the members of the 
company, if you recall ? — A. W. G. Swallwell. one of the directors 
and stockholders, and O. H. Lipps, an inspector. 

Q. Did you communicate to Swallwell or Lipps, or did they learn, 
that you had advised the Indians not to consent to the recision 
of the water-right contract at any time? — A. Yes; they learned it 
at that time. We had a number of conversations about it. 

Q. Was it explained to you the purpose and reason for this at- 
tempted recision? — A. Oh, they gave a number of reasons why they 
thought the arrangement was a good thing for the Indian. Mr. Lipps 
said that the Indians ' water deed provided for the furnishing of water 
from the 15th — is it the 1st or 15th of June? — sometime in June 
anyway. 

Q. And tiiat tiiis provision ought to be changed in the interest 
of the Indian?— A. Should be changed to begin April 15 and con- 
tinue over a little longer "period. He thought that arrangement 
would be a good thing, and we had cj^uite an argument about that. 
I have had some experience with irrigation in this State, covering a 
good many years, and particularly in that locality, and I knew from 
personal experience that we did not use water earlier than in June, 
except it might be for some little truck garden, but for crops and 
orchards we do not use water any earlier than that, not even if it is 
right in the ditch we would not put it on our land. 

Q. Did you see a copy of the contract that they proposed to have 
the Indians sign in lieu of the then existing agreement? — A, Yes. 
I had a great many of them. 



YAKIMA INDIAN RESERVATION, ETC. Ill 

Q. Have you a co])y of that contract?— A. I have in my office; 
I haven't any here. 

Q. Wouldyou mail it to me at once to Seattle, care of the Wash- 
ington Hotel?— A. Yes, sir. 

Q. And copies of all these instruments that you have ? -A. Yes, 
I V. ill sav that those were not executed copies. 

Q. I understand.— A. They were merely carbon copies that I kept 
for my own office files. They are the carbon copies of the origimils 
the Indians signed. 

Q. Did some of them sign it? A. No; nn\ the copies. I am 
referring now to the consents. 

Q. Well, have you a copy of this agreement that they wanted to 
substitute for the water-right contract ? —A. I have copies of the 
water-riglit contract that the white peoi)le were buying water under, 
and that is the same one that they wanted to give to the Indians. 

Q. Well, I assumed so; but what I want to do is to get that copy.— 
A. Yes, sir; I will send it to you. 

Q. Wherein was this proposed contract that they wanted the 
Indians to sign, so as to rescind, in your judgment, the existing con- 
tract, detrimental to the interest of the Indian, in your opinion? — 
A. Well, there were a number of reasons why it was not as good for 
them. 

Q. Just state what they are. — A. First, under the water deed that 
they want they are not liable for any damages that occur from the 
breakage of the company's dams or "ditches or reservoirs, and they 
would be under the other one, but mainly because under this water 
deed that the Indian now holds the company is bound to furnish them 
water, abundant water, 1^ acre-feet of water, continuously for all 
time upon their land, and the only liabihty or expense they have is 
in maintenance fee, in 1916. of $1.50 per acre, and under the new 
arrangement eventually the company would sell out this land and 
the water company would have sold out its water, and the Indians 
then w^ould be stockholders in this irrigation system up there, and it 
is built in a mountainous country, where a great many miles of board 
flume, which only lasts for a short period of years, is used, and when 
that has decayed it has all got to be replaced at an enormous ex- 
pense, and the Indian wouldliave to bear that expense. 

Q. So that under the new contract the final burden of maintaining 
the system would fall upon the Indian, in part, whereas in the first 
contract the burden was on the company?— A. Entirely, excepting 
a maintainance fee of $1.50. 

Q. Did you discuss these featuies of tlie respective contracts with 
the Indian' inspector, Mr. Lipps, and with the representatives of the 
irrigation company, and call their attention to wherein the new con- 
tract would work "to the detriment of the Indian?— A. Oh, yes; tlie 
hearintrs were all held in my ofhce. 

Q. What hearings do you refer to?— A. Well, the conference 
there — thev call them a conference with the Indians. 

Q. Was'anv testimony taken?— A. Yes. Yes; but that meeting 
was not held "in my office. After they found out my attitude in the 
matter, why, they were not so friendly toward me, and the meeting 
in which the hearing was held, where they took testimony, was taken 
to the town hall. I was present, however, at that meeting. 



112 YAKIMA INDIAN RESERVATION^ ETC. 

Q. Did Y(Hi have any c<:»irespondence with the representative of 
the Bureau of Indian Afl'airs or the Interior Department with refer- 
ence to this matter? — A. Personally, you mean? 

Q. Yes. — A. No; I never wrote any letters to them. 

Q. Did they write you any? — A. No. 

Q. If the new contract had been entered into with the Indians, 
would it in all probability have relieved the iriigation company from 
any liability on the cash bond for $50,000 which they had put up ? — ■ 
A. Well, that was the understanding. 

Q. That was one of the purposes of taking the new contract? — A. 
Yes; that was one of the conditions. 

Q. And if I understand you correctly, there had been already a 
breach in the conditions of that bond, and damages had actually 
accrued to the Indians? — A. Oh, yes; unquestionably. 

Q. So in addition to making a new contract, which would have 
im])osed new and onerous conditions on the Indian water users, they 
would have been deprived of the right to recover damages for breach 
of the old contract if they had signed this new one? — A. Yes, sir. 

Q. Now you may state whether or not this controversy was con- 
tinued for some considerable time and whether it became sharp and 
pointed as between yourself and others claiming to stand for the 
rights of the Indians and certain agents of the Indian Bureau and 
others representing the irrigation company. — A. Yes. It con- 
tinued over a period of several months, and while prior to that time 
my relations with all of the Indian Department and the Indian agents 
had been very, very friendly, and I had been doing business for the 
Indian agent at C'olville for a great many years, and he alw^ays com- 
municated with me when he was coming there and requested me to 
meet him, and I always did so — he w^as an old man and crippled 
somewhat, and I took him out over the country when I used to have 
teams, and later with my autojnobile, but after this matter came up, 
why, they did not seem to like me so well, they were not very friendly 
with me, and they quit coming to my ofhce or holding their confer- 
ences there as they had been doing over a period of five to ten years. 

Q. Did you have any controversy with anyone representin.g the 
Bureau of Indian Affairs or purporting to?— A. Well, the only real 
controversy I had, if it can be called such, a man came into our 
ofhce and said that he was in the Secret Service of the Interior De- 
partment and said he wanted to see me and got into my back office, 
and when he got in there, why, he said to me that information had 
come to his department that an Indian had got a bottle of wdiisky in 
that room on the 9th day of April last — that was the way he started 
off. Of course, I didn't like that very well and I told him that it 
was a lie, and he went on to state that he had gotten the information 
very direct, and then I asked him what his official position was. 
He said he w^as from the Secret Service, and I asked him for his cre- 
dentials and he said he had them, and he convinced me that he was a 
properly clothed oihcer. 

Q. What was his name ? — A. He gave me the name of Crowder, 
but I heard he had given the name of Bartley at Wenatchee. 

Q. Weil, as a matter of fact, do you know if he was in the employ 
of the Government or merely representing some one else? — A. Well, 
I went then, after I had had this talk with Mr. Crowder and he had 
left my office at my request — I was very angry — I went then or 



YAKIMA INDIAN RESERVATION, ETC. 113 

started to ^o down to the hotel to see jShij. McLautihlin, an ins|)(>et()r 
from the Interior Department, who w^as then in town, to find out if 
he was a i)arty to this visit. It occurred to me that theses jx'ople 
sought to suppress me in some way; keep me from talking; scare me 
to let the Indians alone, as they said I was influencing them and they 
w^anted to get them away from my influence; and on my way down 
to the hotel I met Maj. McLaughlin on the street. He was on his 
way to my office, and I spoke to him very sharply; and he said not 
to get excited; and we walked down to the office together, and lie 
convinced me that he did not know anything about this man being 
there; that he w^as not responsible for him in any w^ay. He knew the 
man; said he was in the Secret Service, but furtliei- than that he knew 
nothhig about his bemg there, and told me if he annoyed me to 
kick him out of my office. But ])rior to that, though, I had requested 
him to go, and he had gone. 

Q. Do you know of anything else you w^aut to state? — A. I do not 
think of anything else just at this time. 

Q. In acting as advisor to the Indians in connection with this 
pro})osition to take a new contract and rescind the former one, were 
you employed by anyone? — A. No; I was not. 

Q. In wliat capacity were you acting? — A. I was simply advising 
them as a friend. To'quaUfy'my position, I had been the purchasuig 
agent and I was a party to the transaction that led up to this water 
deed, their gettmg tlii's water deed, and I represented in just as 
strong terms and -just as persuasive terms as I could to them that 
this transaction of sellmg and deeding the 80 acres of land and taking 
a water right for the retained 80 acres was the very best thing they 
could do, and I used all my influence and strongest persuasion to get 
them to do it, and when they would say to me, "I don't believe the 
companv w'ill ever put tlie water on this land," why, I wouki say, 
"They have got a S50,000 bond, the money is all right, and if they 
don't do it the department will compel them to do it, and they will 
render you full payment for your damage if they do not do it.'' 

Q. Then your motive was to render the Indians w^io had served 
you in that proposition substantial service and not for profit to come 
lo you ? — A. Oh, no; there was no profit to come for it. 

Representative Stephens: 

Q. Was any of this Indian land under ditch before ? — A. No. 

Q. This was a scheme of a corporation then ? — A. Yes, sir. 

Q. What was the name of the corporation ?- A. Wapato Irrigation 
Co. 

Q. In what State was it mcorporated ?— A. State of Washmgton. 

Q. Is it still a five corporation ? — A. O yes. 

Q. And they agreed to furnish water under the conditions you 
have mentioned to the Indians ? — A. Yes, sir. 

Q. You advised the Indians to accept the terms ?— A. Yes, sir 

Q. And when they failed to put the water on according to the 
agreement made advised the Indians not to change their original 
contract? — A. Yes, sir. 

Q. But to stand by it for the reasons you have indicated in your 
testimonv? — A. Yes, sir. 

Q. And for that reason you think you were persecuted by the 
department, through agents'and persons sent here?— A. Why, I hate 



114 YAKIMA INDIAN RESERVATION, ETC. 

to make any statement I can't prove, but I was telling you how I felt 
at the time. 

Q. You felt that you were being A. Yes, 1 did; because the 

friendly relations between myself and the different departmental 
officers"^ that came here and that resided here and had been in the 
State for a number of years certainly changed, and they were not 
friendlv to me any more. 

Q. That led yoii to believe then and now that there was collusion 
between the agents sent here and this company that agreed to furnish 
water under the conditions you have stated to the Indians ? — A. Well, 
that is putting it pretty straight. I don't know that there was, but 

Q. Have reasons to believe it ? — A. Well 

Q. As you have stated ?— A. Yes, sir. They were very anxious to 
get the Indians to accept this change for the company. They were 
constantly in company with the officers and stockholders of the 
company and were coming to Seattle and visiting them and doing 
everything that they could to assist the company in getting this change 
made, and thev quarreled with me very severely upon the attitude 
that I took. They said that I had a quarrel with the company be- 
cause they had not paid me in accordance with niy contract and that 
I was sore, and, of course, I couldn't dispute being sore; every rnan 
is when the other fellow doesn't live up to the contract with him, 
but then I was not doing this to persecute the company at all. 

Q. What was your object?— A. Well, my object was to protect 
the Indians, the "men who took my advice, and it was upon my 
advice and the advice of people associated with me, Mr. Walsh and 
Mr. Blaloiey was my working force, to acquire these lands for the 
company, and we advised them to do these things. Then, we didn't 
want to stand by and see the company rob the Indians. That's just 
the way to put it, because that's just what they would have been 
doing if they had given this worthless contract for a good water 
deed. , •. 

Q. Have they ever signed this contract or any other similar con- 
tract since ? — A. The Indians ? 

Q. Yes. — A. No, sir. 

Q. They have refused to do it ?— A. Yes, sir. 

(Witness excused.) 

STATEMENT OF JOHN WALSH, WENATCHEE, WASH. 

John Walsh, being first duly sw^orn by the chairman, testified as 
follows : 

By the Chairman: 

Q. State your name and residence. — A. John Walsh; Wenatchee. 

Q. How long have you resided at Wenatchee ? — A. Well, right at 
Wenatchee, six years. 

Q. Where did you formerly reside?— A. Chelan. I resided at 
Chelan 18 years. 

Q. Are you famihar with this irrigation project under control of 
the Wapato Irrigation Co.? — A. Yes, sir. 

Q. You are acquainted, I presume, with the promoters of this 
company? — A. Yes, sir. 



YAKIMA INDIAN RESERVATION, ETC. 115 

Q. Did you have any connection with th(^ orgiinization of the 
company, or did you rencUn- them any service? — A. Well, i)urchas- 
ing the hmds — I helped to purchase the hmds. 

Q. Who v^ere you associated with in that service? — A. Mr. Lord. 

Q. The gentleman who has just testified ? — A. Yes, sir. 

Q. What did you do ? — A. Well, there were three Indians that 
would not do anything until I told them- told them what to do. 

Q. What w^ere their names? — A. Johnnie Abraham, Youkein, 
and Amena's widow. 

Q. You induced them to agree to a sale of a })art of their lands? — - 
A. Yes, sir; to sign this consent. 

Q. Did you see the document which they signed, which you call a 
consent? — A. Yes, sir. 

Q. Have you a copy in your ])ossession? — A. No; I have not. 

Q. Do you remember its principal provisions, Mr. Walsh ? — A. Yes, 
sir. That is, the amount they were to sell and the price they were 
to get. 

Q. Tell what they were. — A. They were to sell all with the excep- 
tion of 80 acres of their allotment, and they were to receive so much 
money and the water rights for the remaining 80. 

Q. Part of the consideration of the sale of the portion of land to be 
sold was a water right for the remaining 80 acres? — A. The larger 
proportion of the price was a water right. 

Q. That was so represented to the Indians whom you caused to 
sign the consent ? — A. Yes, sir. 

Q. Under whose instructions were yon acting? — A. In purchasing 
the laiid ? 

Q. Yes; in making these arrangements with the Indians aiul get- 
ting their consent. — A. Acting with Mr. Lord. 

Q. Were so-called w^ater deeds executed to the Indians in connec- 
tion with their lands ? — A. Yes, sir. 

Q. Have you a copy of them ? — A. Yes, sir. 

Q. Were they in uniform stjde and wording?— A. They were all 
exactly alike. I offer a copy of these water rights as Exhibit A to 
my testimony and make it a part of the same. 

Exhibit A. 

WATER RIGHT. 

This indenture, made and entered into this 20th day of August, 1909,_by and between 
the Wapato Irrigation Company, a corporation duly organized and existing under and 
by virtue of the laws of the State of Washington, party of the first part, hereinafter 
called "the company," and Jonny Isadore, commonly known as Johnny Abraham, 
being possessed of a trust patent for lands on what is known as the Moses Agreement 
Allotment No. 11, in the county of Chelan, State of Washington, party of the second 
part; hereinafter called "the purchaser." 

Witnesseth: That the company for and in consideration of the sum of one dollar (|1) 
and other valuable consideration to it paid by the purchaser, the receipt whereof is 
hereby acknowledged, and in further consideration of the annual maintenance fee 
hereinafter agreed to be paid, and in further consideration of the compliance with 
the conditions hereinafter imposed, does hereby bargain, sell, and convey unto the 
purchaser a perpetual right to use of water from the irrigation system of the company ; 
consisting of main and lateral canals and other works in Chelan County, Washington, 
for irrigation and domestic purposes, it being understood and agreed Ijy the company 
that its successors and assigns, will furnish to the purchaser such water during the 
time hereinafter mentioned to properly and fully irrigate the lands hereinafter 
described: Provided, however, That the whole amount of water furnished to the pur- 
chaser during the entire irrigation season f;f four (4) months herein specified being 



116 YAKIMA INDIAN RESERVATION, ETC. 

the months of June, July, Aiigust, and September of each year. l)eginning with the 
first day of June, A. D. 1911, be one and one half (1^) acre feet of water per acre, said 
water to be furnished for the purpose of irrigating the following described tract or 
parcel of land situated in said county of Chelan, State of Washington, to wit: 

Beginning at the southeast corner of allotment No. 11 run west on the allotment 
line 2,640 feet to a stone with a cut cross set for the southwest comer, thence north 
2,640 feet to a set stone in the northerly allotment Line for the northwest corner, thence 
south 45 degrees east, along the allotment line 3,733 feet to the point of beginning, 
containing eighty (80) acres. 

That the company shall have the right to make, adopt and enforce reasonable rules 
and regulations forthe supply and distribution of the water among those receiving 
the same from the company, including the purchaser. 

This conveyance is made upon and is subject to the following express terms and 
conditions: 

1st. That the company shall construct and maintain a suitable gate or other device 
in the bank of its main or lateral ditches for the measuring and delivering of its water, 
or such gate or gates shall be constructed at such point or points upon or contiguous 
to the lands herein described as in its judgment is most convenient for the conveyance 
of said water to or upon the land, said gate to be and remain the property of the com- 
pany; and the purchaser shall construct and maintain a ditch or ditches from such 
point of delivery upon such land at his own risk, cost and expense. 

2nd. That the purchaser, his heirs and assigns, shall pay annually, beginning 
October 1, 1916, to the company at its office in Chelan, Washington, on the first Monday 
in October of each year such sum as shall be ascertained to be the cost pro rata among 
the respective o^vners of water rights under the said system of the company, but in no 
case to exceed two dollars ($2) per acre per annum, to cover the cost of maintenance 
hereinbefore agreed upon for the eighty acres owned by the purchaser: Provided, how- 
ever, That whenever said tract of land shall be subdivided in ownership, that each 
portion will pay its pro rata share of the above amount: Provided further, hoioever. That 
the minimum amount which shall be paid by any such subdivision of such land shall 
be ten dollars ($10) each year maintenance fee; and in case of default in said payment 
for thirty (30) days after the same shall become due as herein provided, the company 
shall have the right to refuse and may at its option refuse to furnish water to the pur- 
chaser until such maintenance and arrearages shall be paid with interest after maturity 
until paid, and in case an action is instituted to collect such maintenance fee and 
arrearages, the company may collect such additional amount as attorney's fees as the 
court may adjudge reasonable. 

3rd. That the purchaser will not use or permit the water hereunder furnished to be 
used on any land except that herein described, nor permit such water to run off on 
any contiguous land except in surface ditches as herein provided, nor to spread out 
in low places on said land ; nor in any manner to run to useless waste ; and shall con- 
struct and maintain at its own cost and expense such ditch or ditches as may be 
necessary to carry any surplus water after the irrigation of said land, back to some 
lateral of the irrigation system; provided always that said lateral may be reached by 
gravity flow by a ditch from the lowest point on said described land, and the right of 
way can be obtained without expense to the purchaser. It is hereby understood 
and agreed that the company shall not be responsible for any loss or damage by reason 
of any break, leakage, or overflow of the company's canal or any of its laterals resulting 
in damage to or upon the land aforesaid, but the company shall use and employ all 
due diligence at all times in operating and maintaining said canal: Provided, how- 
ever. That nothing contained herein shall exempt the company from the payment of 
damages to the purchaser resulting from the careless or negligent operation of main- 
tenance of its canal and laterals. 

4th. That the company shall not be liable for any scarcity of water caused by unlaw- 
ful destruction, hostile "diversion, forcible entry, unusually cold weather, drought, 
or other accident, but at all times shall use due diligence in protecting its canals and 
irrigation system and in keeping the same in proper operation and repair; and that the 
company may shut off the water each fall at the close of the irrigation season for the 
purpose of general or special repairs, and at such other times as urgent necessity may 
rec^uire; but during the irrigation season shall restore the water in said canals or laterals 
as speedily as the nature of the case will permit. 

5th. It "is understood and agreed that the right hereby conveyed and the water to 
be furnished in pursuance hereof form a part of the appurtenances of said land, and 
the right shall be transferable only with said land and shall run therewith, and bind 
said land, and it is further understood and agreed that upon the conveyance of the 
land herein described in fee simple to the purchaser, the failure of the purchaser to 
comply with the conditions herein, or to make the payments for maintenance fee herein 



YAKIMA INDIAN RESERVATION, ETC. 117 

provided when and as the same shall become due and payable, shall entitle the com- 
pany, at its option, to refuse to furnish a su])])ly of water to said allotment: Provided, 
however, That when the lands herein ilescribed shall pass to any other person, the con- 
ditions herein set forth shall severally and collectively become a lien upon said land, 
and a failure to comply with all the conditions herein or to make the payments herein 
provided shall entitle the company at its option, to forcloeuse said lien in the manner 
provided by law, and refuse to deliver water hereunder until such conditions have 
been fully complied with or the payments made with accrued interest. 

6th. Under this indenture the company shall be entitled to a right of way, if neces- 
sary, for its main canal, fifty (50) feet in width, necessary ground for the flumes and for 
laterals, waste ditches or ditches for the disposal of surplus water, as provided for in 
section three, which shall not exceed fifteen (15) feet in width upon and across the 
lands herein described. 

In witness whereof, the company has caused these presents to be signed by J. H. 
Ballinger, its agent thereunto duly authorized by power of attorney from its president 
and secretary, under a resolution of its board of trustees adopted August 10, 1909, a 
certified copy of which is hereto attached and made a part hereof, this 20th day of 
August, 1909". 

"Wapato Irrigation Company, 
By J. H. Ballinger, Agent. 

(Two witnesses): 
J. L. Dodge. 
R. F. Putnam. 



(Approved Sep. 2, 1909: Frank Pierce, First Assistant Secretary.) 
District of Columbia, ss: 

On this the 20th day of August, A. D. 1909, personally appeared J. H. Ballinger, 
to me known to be the agent of the Wapato Irrigation Company, a corporation of the 
State of Washington, which corporation executed by and through him the within 
and foregoing instrument and acknowledged the said instrument to be the free and 
voluntary act and deed of said corporation for the uses and purposes therein men- 
tioned, and on oath stated that he was duly authorized by said company to execute 
said instrument. 

In witness whereof I have hereunto set my hand and affixed my official seal the 
day and year first above written. 

John G. Dudley, Notary Public, D. C. 

Department of the Interior, 

Office of Indian Affairs, 
Washington, September 14, 1909. 
I, R. O. ^'alentiue, Commissioner of Indian Affairs, do hereby certify that the 
papers hereto attached are true and literal copies of the originals as the same appear 
on file in this office. 

In testimony whereof I have hereunto subscribed my name and caused the seal 
of this office to be affixed on the day and year first above written. 

[seal.] R. G. Valentine, Commissioner. 

APPOINTMENT OF AGENT. 

Know all men by these presents, That Wapato Irrigation Company, a corporation 
organized under the laws of the State of Washington, hereby appoints J. H. Ballinger 
its duly authorized agent to act for and in all things represent the said company in 
transaction now pending relative to purchase of certain Indian lands known as 
Moses allotments, situated on Chelan Lake, near the town of Chelan, State of Wash- 
ington . 

The said agent is hereby empowered to make any changes, alterations on contracts 
in and for the said company, pertaining to the purchase of above-referred-to lands; and 
the said company, by its president and duly authorized secretary, does hereby ratify 
and confirm any and all actions of its agent and vests him with power to bind the com- 
pany to any agreement he may make with the Government relative to the aforesaid 
purchase. 

[seal.] Wapato Irrigation Company, 

By LeRoy M. Backus, President. 

Attest: 

. Geo. S. McLaren. Secretary. 



118 YAKIMA INDIAN RESERVATION, ETC. 

State of Washington, 

County of King, ss. 

On this 10th day of August, A. D. 1909, before me personally appeared LeRoy M. 
Backus and George S. McLaren, to me personally known to be the president and secre- 
tary of the corporation that executed the within and foregoing instrument, and acknowl- 
edged the said instrument to be the free and voluntary act and deed of said corporation, 
for the uses and purposes therein mentioned, and on oath stated that they were author- 
ized to execute said instrument, and that the seal affixed is the corporate seal of 
said corporation. ^ . , 

In witness whereof I have hereunto set my hand and affixed my official seal, the day 
and year first above written. 

[SEAL.] H.C. Force, 

Notary Fuhlic in and for the State of Washington, residing at Seattle. 

SPECIAL MEETING OF THE BOARD OF TRUSTEES OF THE WAPATO IRRIGATION CO. 

A special meeting of the board of trustees of the Wapato Irrigation Company was held 
at 1007 Alaska Building at 3 p. m., August 10th, 1909. 

There were present LeRoy M. Backus, M. F. Backus, Leslie Fmdley, and Geo. b. 
McLaren, being four of the five trustees of said company and constituting a quorum 
with full power to act. ,,.,,• 

Mr. LeRoy M. Backus presided at the meeting. Leslie Fmdley made the following 
motion, which was seconded and unanimously passed: 

"That the president and secretary of the Wapato Irrigation Company, being LeRoy 
M. Backus, president, and Geo. S. McLaren, secretary, be authorized and requested 
to give written authority to Mr. J. H. Ballinger to act as the agent for the Wapato Irri- 
gation f 'Ompany in all matters pertaining to the purchase of any or all of the Moses 
agreement allottees located near Lake Chelan, Chelan County, Washington; and that 
said J. H. Ballinger shall have the authority to sign any papers, instruments, etc., of 
any nature or kind for the Wapato Irrigation Company, and that the Wapato Irrigation 
Company shall consider itself bound and controlled by such instruments or papers as 
said J. H. Ballinger shall sign as the agent and in the name of the Wapato Irrigation 
Company.' 

There being no further business, this special meeting adjourned. 

George S. McLaren, Secretary. 
State of Washington, 

County of King, ss. 
Personally appeared before me Geo. S. McLaren, to me known to be the secretary 
of the Wapeto Irrigation Company, who on oath states that the above is a true and cor- 
rect copy of the minutes of the meeting of the Wapato Irrigation Company held on the 
10th day of August, 1909. at 3 p. m. ^ , x. 

[M. p." SEAL.] H.C. Force, 

Notary Public in and for the State of Washington, residing at Seattle. 
Recorded Sept. 25, 1909, at 1.8 p. m., in vol. 78, page 201. 
State of Washington, 

County of Chelan, ss. 
We do hereby certify that the above and foregoing is a true and correct copy of the 
original water right as recorded in volume 78, page 201, records of Chelan County, 
Washington . 
Dated this 27th day of September, 1913, at 5 p. m. 

Chelan County Abstract Company, 
By W. W. Gray, Secy. 

Q. Do you know whether or not the provision in this water deed 
obligating the company to put water on the lands by the 1st day of 
June, 1911, was comphed Math by the company?— A. Yes; I know it 
was not. . . 

Q. Do you know whether it has ever been comphed with ? —A. Only 
partially. 

Q. Do you know to what extent it has been comphed with ? -A. 
Well, about one-fifth. 



YAKIMA INDIAN RESERVATION, ETC. 119 

Q. After these consents were taken by you and Mr. Lord and 
these water deeds were executed to the Indians, do you know whether 
any efforts were made by the company or anyone else to secure a 
recision of the water deed and the substitution of another contract ?-- 
A. Yes, sir. 

Q. Whom do you know to have ])een acting in that particuhu ? — 
A. Oscar H. Lipps, of Lewiston, Idaho, an Indian inspector; and a 
member of the company, W. G. SwallweU. 

Q. Lipps was in what service, the Indian Service ? -A. The Indian 
Service. 

Q. Have you had any written communications with Lipps about 
the matter ? -A. I don't recollect. I tliink I have had. Unless you 
have them there, I have not got copies of them. I have here a letter, 
dated Lewiston, Idaho, October 20, 1911, from O. H. Lipps, super- 
visor, ITnited States Indian Service, containing a I'eference to this 
matter as follows: 

As to the Wapato people getting water on their retained lands, in my opinion there 
is no question about it. The Government will surely enforce its agreement with the 
company. Inspector Hill has made his report, and I am expecting to hear from the 
department regarding the matter very soon. I have not looked carefully into the 
contract the Indians made with the company, but I am of the opinion that the Indians 
are in a position now to make a new contract which will give them a longer irrigation 
which they should have. 



The remainder of the letter is about other matters. 

Q. Did you write or cause to be written to the Interior Depart- 
ment or any officer therein on behalf of these Indians ? — A. Why, yes; 
certainly. 

Q. Did you keep copies of them? — A. Well, this is a copy here. 
I did not dictate this letter myself. 

Q. Do you know whether it was sent to the department or not ? — A. 
Yes, sir. 

Q. Was it ?- A. Yes, sir. 

(Witness here offers copy of a letter dated Chelan, Wash., T^Iay 10, 
1912, from Celesta Wapato to the Secretary of the Interior and at- 
taches the same to his testimony as Exhibit B.) 

Exhibit B. 

Chelan, Wash., May 10, 1912. 
To the Honorable The Secretaey of the Interior, 

Washington, D. C. 
Dear Friend: I received a letter from Mr. C. F. Hawke, Second Assistant Commis- 
sioner of Indian Affairs, regarding my land and water deed and Mr. Lipps's visit here 
to confer with us about a change in our water deed and leasing our land to the Wapato 
Irrigation Co., and I am sending you a copy of the letter I wrote Mm so that you would 
know how I feel about this matter. The Wapato Irrigation Co. claims they have 
done much work and built ditches, but they have no water in them, and they were to 
build big dams to store the water, but they are not doing that. And I don't want 
any new contract with them, as I am satisfied with the old one. 
And I ask you to help me and give Mr. C. T. Moore the lease on my land. 
Your friend, 

Celesta Wapato. 

Q. Have you any other letters or correspondence ? — A. I have also a 

copy of a letter which I know was written by Celesta Wapato to Hon. 

C. F. Hawke, Second Assistant Commissioner of Indian Affairs, 

relative to this matter, and I attach this copy as Exhibit C to my 

35601— pt 2—14 4 



120 YAKIMA INDIAN RESERVATION, ETC. 

testimony. Further, I have a copy of a letter from Celesta Wapato, 
dated May 24, 1912, to the Secretary of the Interior, and attach the 
same to my deposition as Exhibit D. 

Exhibit C. 

Chelan, Wash., May 9, 1912. 
Hon. C. F. Hawke, 

Second Assistant Commissioner, 

Washington, D. C. 

Dear Friend: Your letter of April 27 received. You say Mr. Lipps has written 
you that he was prevented from fully explaining the proposed change in my water 
contract with the Wapato Irrigation Co. for the irrigation of my retained 80 acres. 

I wish to say that I fully understood him, and that we had much talk on the subject, 
and I refused at that time to accept any change in the old contract and do now, as I 
am satisfied with it, and understood that they were to furnish water for my land and 
gave a bond of $50,000 for the faithful carrying out of that contract. 

You say the old contract does not provide for a gravity flow, and that we may have 
to pump the water on the land from their ditches, 'i hat was not my understanding, and 
I trusted to the department to make a good contract, and Judge Allen, who came here 
and paid me the money that I was to receive and deliver the water deeds to me, told 
me they were all right, and I trusted him and do yet, and believe everything is all right. 
You say we should have the water from April 15 to October 15 of each year. I will say 
that I would rather have it during the hot dry months of June, July, and August, when 
it is most needed. It is now the middle of May, and no one is using any water for irri- 
gation in this country and will not before June, so we would not gain anything— in 
fact, I think I would lose by it. 

You say the company will make a new bond and use the money they now have up 
to complete their high-line ditch, and still you say the new contract will be signed by 
the directors of the company, who are wealthy men; I can not understand that if they 
have so much money, why they don't do as they agree with us, and why they need the 
money they put up for our protection in case they did not do as they agreed with us. 

You also say the advantages of leasing to the company are many and that they 
will give a little more than we have leased for; they wanted to lease our lands some 
time ago and the price we got is the same as they offered us. Mr. Lipps said it would 
be better for us to lease to others than the company, but we had already refused to 
let the company have the leases, as we havn't any confidence m their doing what 
they say they will do, as they have not completed our other contract, and I do not 
believe in them, even when they have up a bond; we are afraid. 

You say that if we lease to anyone other than the company it may cause lawsuits. 
I can see no reason for anything of that kind if the company will do as they agreed 
with us. • 1 .. 

Further, you say that if we will give the company more time to get the water on 
our lands 'it will not interfere with our rights, and they will be the loser if they do 
not do as they agree. They are not doing as they agreed and they have a bond up. 
Why should we believe in them in future contracts? I don't. 

You say you have written me at length because it is not a time for misunderstand- 
ing. I will say that I have given this matter much thought and we have talked it 
over among ourselves, and have no misunderstanding on our part, but feel that you 
have, as you state in your letter, that the water deed we have does not bind the com- 
pany to furnish us water by gravity flow, I would call your attention to paragraph 1, 
page 3, of my water deed and ask you if you do not think it means gravity flow water. 

You also stated that it is understood that the company controls the en tu-e water 
supply available to water the lands. That is not true, as my lands adjoin Lake Chelan, 
which is a very large lake, and has plenty of water by pumping, and the highest 
point on my land is not more than 200 feet above the lake, and other tracts lay much 
lower and easier to irrigate. ,r t • 

I will say that I understand your letter fully, as it is about what Mr. Lipps said to 
me when he was here, and I will say that I do not want to see Mr. Lipps again, and 
have said to him all that I wish to on this subject, but if Judge Allen should come here 
I would ])e glad to see him. He is the man who paid me the money for my land and 
delivered me my water deed and assisted me in investing my money, and I am well 
pleased with everything he did for me and I feel sure he saw to it that I was well 
protected, but I will not consent to lease my land to the company under any con- 
sideration. You ask that we not swap horses in the middle of the stream, and I think 
that is a good thought and makes me the more sure I should hold on to my old contract 
and water deed. 



YAKIMA INDIAN RESERVATION, ETC. 121 

No'vr, in regard to my leasing my retained 80 acres, I will say I executed a lease 
dated December 1, 191], to Mr. C/T. Moore for live years for a yearly rental of $200 
per year, and he was to make improvements to the value of $:}0b l)y planting alfalfa 
and other crops and irrigate the land, and Mr. Lipps told me at that time the leases 
were all right and would be approved; later Mr. J. M. Johnson, agent at Colville, 
wrote Mr. Moore that he would approve them and asked him to give a bond, which Mr. 
Moore said he would do, and then paid me the first year's rent, .$200, and sent men and 
teams here and has planted much of the land to alfalfa and other crops, and I am 
much pleased with the way he is doing wilh my lands and want him to have the 
and have asked the Secretary to approve them, and which I hope he will do 



very soon. 

Your friend, 

(Signed) Celesta Wapato. 



Exhibit D. 

Chelan, Wash., May 24, 1912. 
To the honorable the Secretary of the Interior, 

Washington, D. C. 

Dear Friend: I am sending you herewith a clipping from the Lake Chelan News, 
a paper published here in Chelan, containing an interview from O. H. Lipps, which 
has greatly disturbed me, as I can not understand what he means. You will notice 
he has said that fully one-half of the Indians lands could have been watered last year, 
but the Indians did not use it, neither are we making demand of the company for 
water for the remaining portion. Now, I wish to say that I had 60 acres of my 80 in 
crop last year, including my 5 acres of orchard, which is in full bearing, ancl I was 
expecting the water, but none came. There never has been a drop of water in the 
ditch that runs across the lower side of my lands, covering about 5 acres of the retained 
part that was to be watered, the nearest point to mV land that water came was about 
a mile. They did have a little water in one of their ditches that they pumped into 
it from an alkali lake, but they used all of that for the irrigation of their own trees — 
about 100 acres that they planted last spring. 

This ditch passed through and across my sister's place, but they banked up the gate 
with earth and did not give her any water, and she needed it Ijadly, as she had 50 
acres in wheat, corn, potatoes, beans, and all kinds of crops. 

I can not understand Mr. Lipps, as he knows there was not water enough to water 
all their trees properly, as some of them did not get but very little water during the 
entire summer, and then their pump was an old thing and was broken down much of 
the time. 

He savs further that we are not asking for water for the balance of our land; that 
is not true, for I have told him many times that I wanted the water, and so have the 
other Indians within mv hearing. 

The stran'ge part of it to me is "that every time Mr. Lipps has been here lately he has 
always talked for the interest of the company instead of our interest, when he knew 
the companv has not been working but a very small part of the time in the past year 
on their' irrigation project; all of the reservoirs are yet to be built, and they are not 
even working on them. 

I do not want them to have an extension of time, as we want the water badly, and 
we paid them in land for it a long time ago, and insist on their delivering it to ua as 
they agreed to do, and we ask that you see to it that it is done. 

Y'our friend, ^^ 

Celesta ^ apato. 

Q. Did these letters present to the department the viewpoint of the 
Indians and their friends with reference to the fairness of cancelhng 
the first contract and making a new one ? — A. Yes, sir. 

Q. Do vou know whether or not rephes to those letters were received 
by Celesta Wapato ?— A. I couldn't say as to that. 

Q. You never saw them if they were received ? — ^A. No, sir. 

Q. Which contract, the water deed which you have attached as 
Exhibit A to your deposition, or the proposed new- contract which the 
Indians were asked to sign, in your opinion, best preserve the rights of 



122 YAKIMA INDIAN KESERVATION, ETC. 

the Indian water users on this project ?— A. Well the first one. That 
water deed is absohitely the best that could be gotten up. 

Q. Wherein does the proposed contract modify or lessen the rights 
and benefits accruing to the Indians from those secured by the water 
(jggj ? — ^ Well, it they had signed that new contract, why, it would 
YiSLYB — they were very poor contracts for the reason that they im- 
posed all the responsibility on the land owners and tlie burden on 
them to keep up the ditch, and under the old one they have nothing 
resting upon them at all 

Q. What justification was offered by those who sought to induce 
the Indians to sign the proposed contract ? How did they claim that 
the Indians would be benehted by doing so ?— A. It spread the water 
out a longer period. They were not going to give them any more 
water than the one and one-half acre-feet, but they were going to 
spread the water out longer in the season. 

Q. Do you know from your experience in irrigation in that com- 
munity that it was necessary to do this and beneficial to put the 
water on the land earUer than the water deed provided ?— A. No, sir. 
They would not use it if they had it. Between the 15th and 20th of 
June they generally commence to put the water on the land. 

Q. What is the motive or purpose which prompts you to take the 
course that you have taken and to object to the making of a new con- 
tract in heu of the water deed executed to the Indians ?— A. Why, 
these Indians, when they sold their land, they bought a big block in 
Wenatchee and I looked after it and have looked after it for 20 years; 
looked after their property and looked after it just the same as I 
would for my own children, and I collect their rents and send them 
their money" every month and I liold out 5 per cent commission for 
collecting their rents. 

Q. Well, are you acting in connection with this matter with the 
expectation of any profit to yourself? — A. No, sir; not a cent. I am 
money out. 

Q. "You get money in connection Vv^ith their improvements? — A. 
Yes, sir. , 

The Chairman. I will state for the record, that I exammed Johnnie 
Abraham when we were there and this was the same staternent he 
made to me then in relation to Mr. Walsh's connection with this 
matter. 

Mr. Walsh. They always consult me. The representatives of 
the company have had papers there a dozen times in the last year 
and a half for them to sign, and Johnnie Abraham would always 
telephone down and say he has got a paper there, that they are going 
to help them out and get more water— "WiU I sign it ?" And I say, 
"No, not until I see it." Of course I never see any of them because 
they never consult me any more — the company representatives. 

Q. Have you ever seena copy of this j)roposed contract? — A. No, 
but I heard part of it read over in a meeting we had in Chelan, which 
broke up in a row. 

Q. Is there anything in it that extends to the Indians any bene- 
ficial rights that "were not contained in the original deed? — A. No, 
it is taking better rights away from them absolutely. 

Q. And the new contract, in your opinion, was in conflict entirely 
with provisions for the benefit of the Indians ? — A. Yes, sir. 



YAKIMA INDIAN KESERVATION, ETC. 123 

By Mr. Stevens: 

Q. Did the new contract abrogate or set aside the water deed orig- 
inally given ?— A. Set it aside entirely; and at the same meeting they 
wanted to pull down $45,000 of the bond and give them the right to 
use that to help complete the irrigation system. 

Q. That was the bond they had given to protect the Indians?— 
A. Yes, sir. 

Q. Which bond was then forfeited ? — A. Yes, sir. 

Q. And had been for sometime ?— A. Yes, sir. I got word from 
Johnnie Abraham last winter that they wanted him to sign a paper 
alloudng them to amend the Jones bill to sell those eighties to the 
companv. 

Q. That was the power of attorney, I presume?— A. No; just sign 
another consent so he could sell the remaining eighty to the company. 
I told him not to sign it. 

Q. It would be impossible for an Indian to give his consent without 
the concurrence of the agent, would it not ? — A. Yes, sir. 

Q. Do the Indians still own the land ?— A. Yes, sir. 

Q. Who is in possession of the land of those Indians ?— A. There 
is a man by the name of Charles Murray, from Seattle, on them last. 

Q. From whom does he get possession, the Indians ?— A. Yes, sir. 

Q. The Water Company has never had possession and has not now 
possession of the lands ? — A. No, sir. 

(Witness excused.) 

R. H. LOSD^Secalied. 

By the Chairman : 

Q. What further contention do you now recall was made by the 
irrigation company as a justification for making a new contract 
with the Indians in view of the water deeds ?— A. They claimed the 
old water deeds did not provide for gravity flow of water, and stated 
to the Indians that they could bring the water to the lowest point on 
his land; then if he wanted it to flow over the land he could pump 
it. There was one other point thor?, wliich was their contention 
about the bond. They also claimed that if proceedings were had 
to forfeit the bond that it would nullify the contract and stop the 
Indians from securing water for their reserved lands. 

(Witness excused.) ^ 

Whereupon the commission adjourned until 2 o'clock p. in. lues- 
day, September 30, 1913, Hotel Toppenish. Toppenish, Wash. 



TUESDAY, SEPTEMBER 30, 1913. 

Joint Commlssion to Investigate Indian Affairs, 

To'p'penish, ^^asll. 

The commission met at 2 o'clock p. m., pursuant to the call of the 
chairman. , 

The following members were pres-'Ut: Senator Charles E. lownseiul 
and Represejitative Charl<>s D. Carter. 



124 YAKIMA INDIAN RESERVATION, ETC. 

STATEMENT OF CHIEF WATERS. 

Chief Waters, being iirst duly sworn by Senator Townsond, t(>stificd 
as follows: 

By Senator Townsend: 

Q. I will ask you some questions. You have answered most of 
the questions in the other testimony that we want to ask you, but 
you understand that we have two commissions here to-day; the same 
men constitute the two connnissions, with the exception of one, 
Mr. Carter, is on this particular commission. 

Now, this commission that is in s< ssion at this place at this time 
is one charged, by Congress, with the duty of investigating the affairs 
of the Indians generally tliroughout the United States; learning if 
we can, what the conditions are, in order that we can make a report 
not only as to the conditions in the field as we find them on the 
reservation, but as to conditions in the department at Washington. 

There has been some feeling that tiiose ah'airs were not conducted 
in as businesslike and (efficient a manner as might be, so that the 
object of this examination is to get from those who are here and 
know the facts in reference to the affairs of the Indians gen{^raUy, so" 
that somo of the questions that I am going to ask you may have been 
asked you tliis morning, but this will go in as a separate r(>port. 

Q. How long have you Hved on this reservation? — A. Since 1859. 

Q. How old are you? — A. I am 72. 

Q. What is your business? — A. I am a missionary preacher, or- 
dained, Methodist conference. 

Q. Do you preach to the Indians here on the reservation? — A. I 
preach at the Methodist Church, at White Swan, and also one down 
here. 

Q. Do you visit among the Indians on the reservation in their 
homes? — A. Yes; especially down at this part and down at Satas, 
down at this part. 

Q. Are the health conditions of the Indian homes good and what 
it ought to be ? — A. Some are healthy and some are not — troubles 
with different diseases. 

Q. Are the Indians clean in their homes ; are their homes clean ? — 
A. There are some that are very clean in their homes, and some are 
not, and hving like they used to Uve. 

Q. Do you teach them to be clean, or tell them to be clean in their 
homes when you visit them ?— A. Yes; I do a considerable lot, but 
the original Yakimas, they are hard to understand and they do not 
seem to mind. 
_ Q. Do the children go to school generally throughout the reserva- 
tion? — A. First they were hard making to go to school, but here of 
recent years they have learned so that they have sent their children 
to school. 

Q. Does the education that they receive in the schools make them 
better men ? Does it make them more industrious, self-supporting ? — 
A. Yes, it does. It advances them a great deal; they have learned 
to cultivate their land and raise potatoes, and sell and make their 
homes by it, and make a good hving. 

Q. Does the Indian boy or girl who goes to school come back and 
live according to the old style that they had before, or can you see 



YAKIMA INDIAN RESEEVATION, ETC. 125 

that there is progress ? — A. Take the Indians, the original Yakimas, 
the most of their children come back and go back in the old way, but 
our people, the Klickitats, they advance. They go ahead, and live 
as the whites. 

Q. How many Yakimas are there on this reservation? — A. I 
could not say. 

Q. Are there more Khckitats than there are Yakimas? — A. Well, 
they aint really all Yakimas, but they are kind of mixed here; but 
more go by the name of Yakimas, and consequently there arc more 
Yakimas than there are Klickitats. 

Q. Do you see the superintendent of the agency here very often ? — 
A. Not very often, on account of I am quite a ways from the agency. 
Wlien I used to Uve up above there, close to the agency, I was quite 
often up to the agency. 

Q. Does the superintendent get over the reservation very much? 
Does he go over it himself?— A. Not since James Wilbur was the 
agent. Since James Wilbur's time, the agents have neglected the 
reservation, have never went over this reservation. 

Q. Does the Indian farmer employed by the Government go over 
the reservation very much? — A. There is another man; the farmer; 
he don't go over very much, and teach the Indian how to farm. We 
learned to farm long ago when Wilbur was here; he taught us how 
to farm. 

Q. Doesn't this farmer go into the homes of the Indians over on 
the reservation very often?— A. I can not say; he may go around 
among the Indians, but I have never seen him come to my place. 

Q. Do they have a field matron here, as they call her, a woman 
employed by the Government? — A. Yes; I have heard of the field 
matron also, but she has never come to my place, never taught my 
wife at any time how to housekeep and cook. My mfe went to 
school, and she learned how to keep house and cook there. 

Q. Well, does this field matron go to the other homes of the In- 
dians on the reservation, to your knowledge?— A. Well, that I 
could not answer definitely on account of I do not pay much atten- 
tion to her. She probably does go around to places, but I could not 
say whether she does or not. 

Q. Do you hear anv complaint here as to the management in 
affairs by the agency here? — A. We had lots of complaint when 
Mr. Youiig was here. He also told me things that did not come out 
right, but since Mr. Carr lias been here I have noticed him to be pretty 
square. 

Q. Do the Indians here have any trouble about getting their 
allotments? — ^A. Yes; there has been some trouble. We have an 
allotting agent here on the reservation now, and there has been 
selections made where he had refused to give the Indians their selec- 
tions. 

Q. Are the Indians given tiie right to select their allotments in 
the first place ? — A. Yes, sir. 

Q. Well, do the Indians agree among themselves as to wliat allot- 
ments they wiU take ?— A. Yes; they do; they select their own piece; 
just so it is not claimed they can select it. 

Q. Don't they have any trouble among themselves; two Indians 
claiming the same allotment? — A. No; they don't. 



126 YAKIMA INDIAl^f KESERVATION, ETC. 

Q. They agree among themselves. Have the Indians complained 
because their allotments have not come to them as quickly as they 
ought to have come after they had been selected? — ^A. Yes; they 
complained in several cases, and lots of times they have a little 
trouble over it; that is, waiting, you know. 

Q. Yfas there any conflict among the Indians in reference to allot- 
ments when it came to some selecting in the Yakima Valley here and 
some upon the highlands? A. Yes; there was Indians that selected 
land which they thought would be allotted to them; they selected 
land, but when the trust patent came they had a piece some place 
else. 

Q. AVere there many of those? — ^A. Yes; quite a few. 

Q. Would you think 160 acres of land up on the highlands was as 
good as 80 acres down in the valley? — A. Well, I consider it about 
the same; of course, 160 acres you could not always get the benefit in 
the way of cultivating it, but some you could plow and you could 
pasture it to stock. 

Q. There is timber on some of the land, is there not? — A. Yes; 
there is timber on it, but not very good timber. It is dead timber. 

Q. A^Tien the Indian is sick, or any of his family, does he have any 
difficulty about getting the agency doctor to come and visit? — A. 
Well, I don't know about this doctor; prior to this man they some- 
times had a good deal of trouble getting him to go any place; that is, 
any distance from his office. 

Q. ^'\Tien the Indian is sick, does he want a doctor here, or does 
he employ the old Indian methods of cure? — A. No; an Indian ain't 
so very sick, and if he believes in the Indian doctor he gets an 
Indian doctor, but generally they employ a white doctor and they 
just come from the town here and pay; that is, down in this part. 

Q. Do I understand you to say that they employ some one other 
than an agency physician or a contract doctor, who works for the 
Government? — A. Oh, any doctor; any doctor they wish to employ. 
Myself I employ any doctor I feel fit. 

Q. ^^Tien a doctor calls on an Indian and tells him what he ought 
to do for his health, will the Indian follow his advice? — A. Yes; some 
of us do, but I don't know about the others. 

Q. Do you have a sufficient number of schools here on the reserva- 
tion for the children;? — A. Yes; there is the boarding school at the 
agency, and there is a school at White Swan, and there is several 
schools on the reservation and here, too, and they seem sufficient 
for all the children. 

Q. Do you think the Indian on this reservation is progressing? — 
A. Yes; since the schools have taken place among the Indians, and 
their childre^i have went to school, and they have learned to live in 
the right way, and have been climbing up all the time, the older 
people have kind of taken their ways and they are better themselves. 

Q. Are there many Indians on this reservation who are so poor 
that they had to be helped ? — A. Yes; there is such cases on the reser- 
vation; there ain't very many; there is some very old people that 
all their younger people have died and have left them alone and they 
have to be helped. 

Q. Do they have any difficulty in getting help from the agency ? — 
A. One time, v/hen I was above on the Toppenish Creek, there is sev- 
eral old people that live there and they have complained to me and 



YAKIMA INDIAN RESERVATION, ETC. 127 

I have went to the agent ; have taken their names and their needs and 
went to the agent, and liad him feed thein and help them, and they 
got hel}) then. 

Q. Aj-e there very many Indians on this reservation, who, if given 
their ])roperty right out, "given a deed for it, a patent for it, would 
be able to ttike care of themselves without the Government super- 
vising their property?— A. Well, now, in what way do you mean? 
You mean if we were turned loose, if we were turned loose and we 
had to live as the whites ? Is that what you mean ? Had to pay 
taxes and so forth, live just as any other white man ? Is that what 
you mean ? 

Q. That is what I mean. — A. No; there is a good many that 
could r.ot live up to that. 

Q. That wasn't my question. I asked you if there were any, or 
many, on the reservation who could ? Not if all of them, but if 
many could? — A. I could not answer to that; that is, to make a 
definite answer to that; but I think there is a good many of them 
would not want to live that way anyhow, because there is some that 
applied for their deeds and got it, and they have never made a success. 

Q. Will the time ever come, in your judgment, when the Indian 
will be a success if put upon his own resources? — A. Probably so, 
after awhile; but not A^ery soon. 

Senator Towxsend. I think that is all. 

The Witness. If you don't care, I would like to ask a question 
here: Now, there is a young fellow told me yesterday here, and he 
wants to find out if there is any truth about it — now, there is some 
people that have got land up there, especially in this one case, there 
is a young fellow got a farming piece of land up there; he has been 
plowing and the reclamation has come and claimed that land since 
he has been on it and working it. 

Senator Townsend. Has it been allotted him ? 

The Witness. Yes: it is allotted land. He had it a long while; 
long before they came to claim it. He went up and seen the agent, 
and reported this to the agent, and the agent told him probably the 
reclamation had a claim on it, but they would get him another 
allotment. 

Senator Townsend. Well. I don't know anything about that. 
That is the first I have heard anything about it, so I can not tell what 
there is to it. If the land was allotted him properly I can see no 
reason why it would not belong to him. 

The Witness. When these lands were first allotted all over, he 
was aUotted this land; it is improved and he don't fike to lose it; 
and he told the agent he did not think he could get another piece as 
good, and he did not think he would be satisfied with it. 

Q. Where is this land? — A. Some place near White Swan. 

Q. Is there a reservoir site upon it? — A. I don't know. Well, 
there is several proposed sites up there: that is, by the reclamation 
survey; I don't know the special pieces only I see it on the map; 
they have a map at the agency on the wall that shows. 

Senator Townsend. Just call Mr. C^irr in here; we can satisfy 
this quicker by cahing him in. What is the man's name ? 

A. Hines Waclamet. 



128 YAKIMA INDIAN RESERVATION^ ETC. 

DON M. CARR— Recalled. 

By Senator Townsend: 

Q. Mr. CaiT, this -wdtness has asked me a question I can not answer. 

Mr. Carr. I will try to. 

Senator Townsend. He makes the statement that one Hines 
Waclamet, if I have got it right, had an allotment assigned to him 
up near White Swan some place, and that he has been improving 
it and that the agent went to him some time recently and told him 
he had to have that piece of land and was going to allot him another. 
Do you know anything about that ? 

Mr. Carr. I do not; no, sir. You mean the alloting agent went 
to him ? 

Senator Townsend. Went to Waclamet and told him he had to 
change. 

The Witness. The reclamation people told him they had a claim 
on it and for him to go to the agent and see if he could get another 
piece. 

Mr. Carr. It may be that the facts are somewhat like this: That 
the land is withhi an area withdrawn as a possible reservoir site. 
Probably his selection had not been approved, and if anything was 
said to him by the alloting agent, whom I suppose Mr. Waters 
refers to, it must have been along the lines of selecting other lands, 
because of the possibilities that the department would not approve 
a selection within that withdrawn area, but what the real facts may 
be, T will have to look it up. 

Senator Townsend. Well, you can settle that witli the man. 

Mr. Carr. Oh, yes. 

Senator Townsend. The superintendent will look into that matter 
and find out about that; I know nothing about it. That is all. 
Thank you. 

STATEMENT OF GEORGE MENINICK. 

George Meninick, being first duly sworn by Senator Townsend, 
testified as follows : 

By Representative Carter: 

Q. Mr. Meninick, are you of the Yakima Confederated Band of 
Indians?— A. Well, I was raised on the Columbia, but my father is 
ont of the treaty signers, and we moved here and I consider myself a 
Yakima. 

Q. Do you belong to the Yakima Tribe itself, or one of the other 
confederated tribes ? -A. Yakima. 

Q. Have you selected your allotment? — A. Yes. 

Q. Where is it located? —A. Along the Toppenish Creek. 

Q. Is it irrigated ? —A. Why, the Toppenish Creek runs in through 
the land, and it is sub irrigated land. I don't irrigate it; it is wet 
land. 

Q. How many allotments have you there ?— A. Myself and wife 
and four children that died. 

Q. All dead? — A. Yes; six boys. 

Q. How much in each piece ?— A. Eighty acres in each piece. 



YAKIMA INDIAN RESERVATION, ETC. 129 

Q. Do you get about over the reservation inu"h, Mr. Meiiiniek? — 
A. Yes; I get over the reservation cjuite a lot and T am familiar with 
the ha])peiiings. 

Q, What do you do? Do you farm ^ A. Well, farm, raise hay 
on this subland. 

Q. What is it that takes you about over the reservation? — A. 
Nothing particular, only go visiting from ])lace to ])lace among my 
people. 

Q. Are you one of the chiefs of your tribe? — A. Well, my father 
was chief and he signed the treaty, and when I became a boy my 
father died and I grew" up, and they all said I would take his place, 
and I have been so thought of. 

Q. Have 3'ou observed the condition of the health of the Indians 
on the Yakima Reservation ? — A. Yes, I am familiar with the con- 
ditions on the reservation since a boy. 

Q. Wliat is the health condition of the Yakimas ? — A. Well, since 
the white people have come in this country and traveled through, 
and more especially since the railroads came in this country and 
people came in from different parts and brought different diseases 
through the country here, and w^e have been bothered wath those 
diseases. 

Q. What diseases are they principally? — A. Well, every other 
disease you might say — fevers, agues — ancl all these diseases. 

Q. Do you know of much eye disease among the Indians ? — A. Yes, 
there is such diseases; I say there is disease of every kind, I guess, 
on the reservation, just the same as among the white people. 

Q. I would like for you to give me such information as you can as 
to the number of Yakimas that you know of wdio are afflicted wdth 
this disease. — A. Oh, there is some bothered w^ith that disease, no 
doubt, but I can not say for sure just how" many. I don't write or 
pay any attention to taking dowai the number, anythmg like that, to 
recollect the number. 

Q. Are there any blind people among the Yakimas? — A. Well, 
there is a few, but I could not say how^ many. 

Q. You don't know wdiether they went l)lind from trachoma or 
not? — A. Well, from some disease. 

Q. Do you know how many blind people there are among the 
Yakimas ? — A. I could not say for sure just how many. 

Q. If the Federal Government should build a hospital at your 
agency, do you think your people would take advantage of it and go 
there for treatment ? — A. Why, to my belief. I don't think very many 
of them w^ould go because wdien they get sick they like to nurse their 
own sick, and they nurse them as w^ell as they can. They don't 
neglect them or anything like that. I would not w^ant to go to any 
trouble having the Government put up a hospital up there. I know" 
the Government would not put up anythmg for nothing. The Gov- 
ernment won't spare one cent without there is returns somewhere. 

Q. Well, it is the purjjose of the Federal Government to build 
hospitals for the Indians wdierever they can be of use, to go into them 
and take advantage of them.— A. Very well, I understand that part, 
and just as I say, we are able to take care of our own sick. We nave 
never asked the Government for no help, and he has never helped us 
out no time. When our people die we furnish our own funeral and 
bury and go to all the expense ourselves. 



130 YAKIMA INDIAN RESERVATION, ETC. 

Q. Then would your people consent to be taken to New Mexico 
if they were sick? — ^A. No; I guess not. I don't think even if the 
person were dying, I don't think they would consent to anything 
like that. 

Q. Is there very much lung disease, consumption, among the 
Yakimas ? — A. Not very much. 

Q. Do you know of any? — A. Well, I don't know; there might be 
one or more, of course; that I could not say for sure just how many. 

Q. They are not suffering very much from that disease? — A. It 
seems that there is none. 

Q. Do you know of any conditions on the Yaldma Reservation 
that ought to be brought before this commission? — A. Yes, quite a 
bit; you can see for yourselves, in case you have not seen just how 
how w^ell the white people are getting along here, say around Yakima, 
and all around this valley here, and you have heard the Indian's side 
so far; you have heard just how they are in need, and how they have 
been handled here, and how they have been defrauded by the whites. 

Q. WeU, is there very much need among the Indians, the Yaki- 
mas ? — A. Well, since these ditches took place, and they have been 
beating us out of our water; we have gotten so we pretty near can 
not hve. 

Q. Well, what do you mean by being defrauded ? — A. Well, it is 
principally the water that the white people is getting the best of the 
Indians, on the water problem. That is the main thing, and also 
they have run stock on our grazing lands, and our stock have went 
short of feed. 

Q. Whose stock is it that goes on your grazing land? — A. Well, 
it is the white peoples. 

Q. What wlute people ? — A. The neighboring white people that 
surround the reservation. 

Q. Is there no fence around the reservation? — A. No; the reserva- 
tion is not fenced, but it is well as fenced. We have boundary lines, 
but they come in the boundary lines with their stock and feed on 
our grazing lands, and we try to keep them off, and they told us they 
have paid in money to the agency for the grazing. 

Q. Now, who told you that? — A. Well, there is several white 
people, probably 10 or 15 or 20 of them. 

Q. Give me the names of some of them. — A. I am not acquainted 
with these people that runs their stock over these places. 

Q. Well, who was it that told you that they had made arrange- 
ments with the agent to put these cattle on the reservation? — A. 
Well, Myers for one — Cort Myers ; he is a sheep man ; he runs his 
sheep over the part he Uves there, and he has always told me he has 
paid for the running of his sheep on this range. 

Q. Where does Cort Myers live ? — A. He Uves here in Toppenish, 
a little ways out; and Frank Aldridge, he has a lot of sheep. 

Q. And they run on the reservation? — A. Yes; he is Uving on the 
reservation. 

Q. Did he tell you that the agent gave him permission to herd 
sheep on the reservation ? — A. Yes. 

Q. Is Frank Aldridge a white man ? — A. Yes. 

Q. Is he an allottee? — A. He must be an aUottee the way he has 
carried on. 



YAKIMA INDIAN RESERVATION, ETC. 131 

Q. Well, he is not on the Yakima roll as a squaw man, is he? — A. 
No; he is a banker from Goldendale, 

Q. Well, is Cort Myers a white man ? — A. Yes. 

Q. Is he an allottee ? — A. No; they buy land here; that is how they 
are here. They have bought land here. 

Q. Have they bought lands on the reservation? — A. Probably so; 
that is about the way they get in here. I wouldn't say wdiat, but 
then I am just talking about'the way they have carried on with their 
stock. 

Q. But they both told you they had permission from the agent to 
put their sheep on the reservation ? — A. Yes, sir. 

Q. Did they say they paid the agent for that permission ? — A. Yes, 
they claimed they have their money in; now, for several years they 
have been doing that. 

Q. How much did they say they had paid the agent ? — A. I don't 
know, but they have been several years running their stock now; 
they must have paid him several dollars. 

Q. Do you know the Indian farmer on this reservation ?— A. The 
farmer has never been to my place; I never knew liim. 

Q. Don't you know him when you see him ? — A. Well, I have seen 
the farmer here, but that is all I know of him. 

Q. Do you know what the farmer's business is; what his duties 
are ? — A. No. 

Q. You have never seen him attempting to teach the Indian about 
farming? — A. There has never been a farmer to my place; I have 
never seen liim anywhere. He probably has been to some of these 
other people's places, but I don't know. 

Q. Do you belong to the Brotherhood of American Indians? — 
A. No. 

Q. Were you consulted or asked to join this brotherhood ? — A. I 
was asked to, but I refused. 

Q. Who asked you ? — A. Well, old man Saluskin, for one, and 
some of the younger people that came back from Washington. 

Q. What clid they tell you the association would do for you? — A. 
Well, they told me if I should join the brotherhood they would get so 
they would handle their own business and handle all their tribal 
funds, grazing funds, and all Uke that; that they would handle them- 
selves without the Government's supervision. 

Q. Did they tell you that the brotherhood would take the place of 
the Federal Government? — A. Yes; they told me that if I would 
join, and all the rest of them here, they would handle all their own 
affairs. They would handle the ditch and the water, and every 
other tiling. 

Q. That the brotherhood would handle it ? — A. Yes, sir. 
Q. Did they want you to pay any dues to the brotherhood ?— A. 
Well, they asked me to pay a "dollar at first, and then finally they 
wanted .50 cents, but I would not pay it. 

Q. Did they want you to sign a contract to let the brotherhood 
handle your affairs?— A. Well, they wanted me to sign some papers; 
they wanted me to hold a pen and they woul(] write my name. Of 
course I could not wTite, but I didn't want to do that. 

Q. You didn't keep one of those papers, did you ?— A. No. 
Q. Were there very many of the Yakimas joined the brotherhood 
of Yakima Indians? — A. Probably have. 



132 YAKIMA INDIAN RESERVATION, ETC. 

Q. Well, why didn't you join it? — A. Well, I was a little afraid; I 
didn't think he would live up to the fee; I haven't got plenty of 
money to spare that way, pay up my dues. 

Q. And wouldn't you trust the management of your affairs to the 
Federal Government, rather than to the brotherhood ? — A. Well, 
when the Government and the Indians established a treaty, our old 
people — I don't know whether you were a boy then or not, but it has 
been some time ago, and they made a ruling of how they would live 
upon these reservations, and I have always respected that, and I 
want to live that way. 

Q. Did the Y akimas ever have any wars with the white men ? — • 
A. Yes, they did; part of them, not all of them. 

Q. How long ago was that?— A. Well, I could not say, as I do not 
write, and I never had any record of it, but I should judge between 
50 and 60 years ago. 

Q. For 50 years the Yakimas have never been at warfare with the 
white man? — A. Yes, sir; they have been at peace. 

Q. Do you know your agent, Mr. Carr ? — A. Yes, sir. 

Q. Are you satisfied with his work on the reservation ? — A. Well, 
he seems to be a pretty good man, and the Indians seem to be pretty 
well satisfied with him. 

Mr. Carter. That is all. 

The Interpreter. Now, he. says just one word to you people. He 
says, " I hope that you will do some good for us; we want some benefit 
of that water; we don't want to see the white people getting the best 
of us all the time, and if you are right we will be dealt square with." 

Senator Townsend. You tell him the purpose of sending this 
commission here was to look after the rights of the Indians, and if 
rights of no Indian had been involved in this matter, then this com- 
mission would never have been here. The sole and only purpose we 
had in coming here was to adjust the rights of the Indians fairly and 
equitably if we can; but in doing that we have got to take into con- 
sideration the rights of all people concerned and the cost involved in 
adjusting these rights. 

(Witness excused.) 

DON M. CAER— Recalled. 

By Senator Townsend: 

Q. Mr. Carr, there has been some testimony here to-day, and a 
reference last evening to the effect that there is a fund belonging to 
the Yakima Indians derived from the leasing of reservation land. 
Is that true? — A. That is correct. The fund is kno\\Ti as the pro- 
ceeds of labor — Indian money. 

Q. Have you leased some of the land here? — A. Private lands are 
leased for grazing purposes, under awards made by the department. 

Q. What kind of stock are on the reservation under these leases ? — 
A. Sheep entirely. 

Q. How many sheep are there on this reservation ? — A. There are 
approximately 25,000 on the summer range, and 20,000 on the winter 
range, exclusive of Indian sheep for which no fee is paid. 

Q. How many Indian sheep are there on here? — A. About 10,000 
on the summer range, and approximately half of that number on the 
winter range. 



YAKIMA INDIAN RESERVATION, ETC. 133 

Q. llow niany lessees arc there? — A. They are caHed pei'inittees. 
On the summer ranure there are about thirteen permits; on the winter 
range about six. Tlie area of the wintei' range is nnich hiss than tlie 
summer range. The prices paid for the summer range are the result 
of com))ctitive bids. The winter range is a Hat rate of 20 cents a 
head. The seasons are for the summer, from Jun(i 10 to November 
10; for the winter range, from November 10 to the ensuing 10th 
of June. 

Q. Antl is it the same price for all? — A. The same price for the 
winter range; 20 cents per head. The summer range varies just a 
half cent or a cent; it is all very close, the result of competition. 
The present prices on the summer range, I figure, is 32. V cents for 
each ewe and ](\\ cents for each lamb for the grazing season of live 
months. The low price on the runnner range is 80 cents for ewes 
and 15 cents for lambs. 

Q. Are the Indians given the preference for their flocks?— A. 
\\^iy, we have had claims for preference as such, to my knowledge. 
A few Indians now on the range have used the same range for years. 
There have been no additional applicants, with possibly one exception, 
during the past year, and after all the range had been proportioned, 
which made it impossible to consider that application, which was a 
little bit dubious in character under any circumstances. 

Q. The Indian pays no rent ? —A. The Indian heretofore has paid 
no grazing fee; those who have had sheep or cattle lands — there are 
four bands of Indian sheep. 

Q. Are these sheep permitted to go on any of the allotments? — 
A. VVell, in some cases there are isolated allotments wathin the 
general area of tribal lands. Those allotments are not fenced; some 
of the sheep naturally go over them, and in a good many cases the 
o\vners receive a nominal fee for the grass the sheep eat, although the 
allotments are ^vithin— surrounded by tribal lands, and are not 
fenced; yet they do in a great many cases get a small compensation. 

Q. Is that a matter of discretion left with the lessee or permittee ? — 
A. Well, tlie Indian is generally a pretty good bargainer in a matter 
of that kind. He generally asks all that the range is worth. 

Q. Those you consult, the owner of the allotment, those isolated 
allotments, within the ranges, or are they handled by the allottee 
himself? — A. He gets the money; we don't exclude it within the 
permits at all; our permits describe the range by certain boundaries; 
there are certain isolated tracts within those boundaries. The 
owners of those allotments ^o to the permittee and ask $10, or what- 
ever amount he thinks is right, for the privilege of grazmg on that 
allotment. 

Q. But if he did not want to pay anything there is no way of 
compelHng him? — A. There has been no way of compelling him, but 
the permittees have been always reasonable, to my knowledge, and 
I think the Indians have been very well compensated. 

Q. ^Miat is done with this fund that is obtained from these per- 
mits? — A. The moneys are deposited to that fund, designated as 
Indian moneys, proceeds of labor, and a considerable portion of it 
is now expended in the payment of salaries of the agency employees. 
Some of it is used for the purchase of supphes needed in the support 
of the school, which could not apparently be supphed unless those 
moneys were used for that purpose. 



134 YAKIMA INDIAN EESEEVATION, ETC. 

Q. Do YOU keep a separate account of all this money obtained?— 
A. The account as such is kept m the Washington office. I deposit 
the aggregate amounts collected, and then they issue authority for 
purchases from it, the payment of salaries from it, or expenditures 
from it, in all ways, from that end of the hne. 

Q. Do you know whether that is mingled with the appropriations 
made by the GoYernment? — A. It is separate; handled as a separate 

fund. 1 • i- 1 

Q. About how much money will you receiYC this year from the 
grazing piivilege ? — A. About $1,500. 

Q. You have about the same number on there this year as you 
have been having from year to year? — A. Yes; the range has a 
maximum capacity, if you want to keep it in good shape, and we 
limit tlie capacity. * m, , i 

Q. About the same amount leasea every year? — A. Ihat has been 
the rule. There have been some changes in the summer range, 
because of competition. Now and then a man puts in a low bid 
and is consequentlv forced out. 

Q. Is there reaf competition for this grazing privilege ? — A. Yes, 
sir; there is very much of a demand for it. 

Q. No combination among the bidders? — A. I don't think there is; 
no, sir. . . 

Q. Do the Indians object to the leasmg of this grazmg privilege \— 
A. Only in one instance; we have some sections south of Toppenish 
Kidge, where the Indians dig roots early m the spring. That section 
is within the range of one of the Indian owners. The Indians want 
the sheep kept oft of those roots until they have had an opportunity 
to dig them; beyond that, there is no objection, to my knowledge. 
By Representative Carter: 

Q. i^ir. Carr, the sheep do not come down onto the allotments in 
the irrigated area, do they?— A. They come just on the foothills 
around the valley, not down in the irrigated areas. Those of the 
sheep tliere are on leased lands, or pastures that are fenced. 

Q. Weil, how do you arrange that a man who has bought or leased 
inherited lands, or leased an allotment within the irrigated area; do 
you permit him to take his sheep in there and turn them loose ? — A. 
On the land that he has leased, or bought ? 

Q. I mean can he turn them loose?— A. No; the pasture must be 
fenced withm the irrigable area. .... 

Q. You do not permit sheep to run at large withm the irrigated 
area, or other stock ?— A. No, sir. 

(Witness excused.) 

STATEMENT OF H. M. JOHNSON, CONTRACT PHYSICIAN FOR 
THE DISTRICT OF TOPPENISH. 

H. M. Johnson, being first duly sworn by Senator Townsend, 
testified as follows : 

By Senator Townsend. 

Q. If you will, tell us what your name is, Doctor?— A. H. M. 
Johnson. ,> * xr 

Q. Do you hold a position under the Government ^— A. 1 es, sir. 



YAKIMA INDIAN RESERVATION^ ETC. 135 

Q. What i)osition? — A. Position as contract physician for the 
district of Toppenish. 

Q. What are your duties? — A. My duties are to attend to the 
medical needs of the Indians in the vicinity of Toppenish, extending 
half way to Wapato. 

Q. Is there a boundary line so that you know where your juris- 
diction extends? — A. Well, there is no boundary line, but we are 
so well acquainted with the country tliat we have no trouble in 
determining. The physician in Wapato and myself never had any 
trouble in deciding that question. In fact neither of us would 
quibble about going over the line and taking care of a case, as far as 
that is concerned. 

Q. How long have you been in the employ of the Government as 
contract physician? — A. I have been in the employ only a few 
months; I don't think I can give the exact date of m}' contract; it 
was in the spring. 

Q. Do you live here at Toppenish? — A. Yes, sir. 

Q. What portion of your time are you supposed to devote to the 
Indian service ? — A. The time is not specified. I am simply to take 
care of the needs of the Indians as they might need my service. 

Q. If that should require all your time, would you have to devote 
it to that? — A. I would. I have never declined to attend to any 
cases I have been called on. 

Q. You practice outside of the reservation ? — A. Oh, yes. 

Q. That is understood in your contract? — A. Oh, yes. 

Q. You receive $200 a year, do you ?— A. Yes, sir. 

Q. Is there very much sickness in your section of the country 
among the Indians? — A. Why, there is not a great deal of sickness; 
I should say not a large volume of sickness. 

Q. What is the nature of it, what there is ? — A. Well, they are 
subject to about the same diseases as the whites are; they have dif- 
ferent diseases — occasionally a case of typhoid fever; sometimes 
minor infections, malarial fever, and other fever; tuberculosis and 
infections of the eye, mainly the lids; eczema. 

Q. Do you have trachoma? — A. Yes, sir. 

Q. Is that what you call granulated lids ? — A. Yes, sir. 

Q. What proportion of the people in your jurisdiction are afflicted 
with trachoma? — A. Well, it would have to be an approximation; 
an estimate of the number of people; I would say, from my observa- 
tion, we have not more than 10 per cent of the Indians I have seen, 
had trachoma. 

Q. Well, do you see the Indians except as they come to you ? — A. 
I see them over the country all the time; I see them on the street 
and in their business affairs; I have been residing on the reservation 
for seven years, and I have become quite well acquainted with a lot 
of them; met them frequet tly. 

Q. But you have never made any visits over the reservation for 
the purpose of detecting trachoma, have you, or tuberculosis? — ^A. 
No; I have never made any enumeration or tabulation; never made 
any attempt to make a tabulation of the percentages of those dis- 
eases. As I say, my judgment is simply an estimate, an approxi- 
mation. 

Q. What is your treatment for trachoma? — A. The treatment of 
trachoma depends somewhat on the severity and form of the case; 
35601— PT 2—14 5 



136 YAKIMA INDIAN RESERVATION, ETC. 

probably using a solution of nitrate of silver for minor cases, and 
from that on up to a method of curetting the eyes; that is a minor 
sm'gical operation. In some severe cases, it can be cured only in 
that way, and perhaps in some cases it can not be cured in that way 
even. Trachoma is a very obstinate disease and requires different 
treatments. 

Q. Do you find trachoma here more common among the Indians 
than among the whites? — A. Yes. 

Q. What is the cause of that in your judgment? — A. I don't know 
unless it is the fact that possibly the Indian's eyes are less protected 
from the dust. We have quite a lot of dust and quite a lot of wind 
here in the spring of the year, and it may ])e they don't have the 
ideas of protecting the eyes so well, or cleansing the eyes when they 
get where they can, the use of cleanly water, things of that sort; I 
can not figure out any other reason. I can not see that there should 
be any inherent condition of the eyes that would make them more 
susceptible. 

Q. Have you made any investigation of it for the j)urpose of deter- 
mining the cause of it ? — A. I have not made any particular investi- 
gation. I have thought of the matter, and that is about the best con- 
clusion I can reach. It is the fact that they do not have so clear an 
idea perhaps of the care of the eye, how to protect it. 

Q. Are you called upon to examine the boys and the girls upon 
their attempting to enter school? — A. I am not called upon to exam- 
ine them in the routine; the children enter the schools, except here 
they are examined by the local health physician here, and many 
times cases are referred back to me, but I don't examine all of them. 

Q. If the local physician or board of health should exclude an 
Indian child from the schools because of trachoma, would it be your 
duty to look that child up and treat him? — A. Yes, sir; I would be 
notified, take charge of the case, and see what could remedy it, so 
the boy would be fit to enter school again. 

Q. Do you have very many clironic cases of trachoma come within 
your observation ? — A. Yes ; I should say the majority of it are chronic. 
Of course we do not see it very often until it becomes more or less 
chronic. "Chronic" is more or less a relative term. They are not 
inclined to come to the doctor until they have waited quite a little 
time. In fact, there is that disposition among them in regard to all 
the diseases. They do not go very quickly. Many times the field 
matron will bring the patient in, insist on them coming to the doctor. 
They have a reluctance to do that. 

Q. Is there any way to treat this effectively and successfully among 
the Indians except by furnishing physicians sufficient in number to 
visit them at their homes and insist on the treatment >. — A. Well, I 
should say that the farmer and the field matron niiglit take it on 
themselves and see that the patient gets to the physician; of course 
the patient must go to the physician in one way or the other and be 
under his care and full directions, or he can not be cured. The 
physicians will tell you in the large medical centers that trachoma 
IS a very obstinate disease to cure when you have the best sort of a 
chance. Many times it is impossible. To eliminate the disease from 
the reservation would be quite a difficult task and requires the 
cooperation of not only the physician, but aU the other officers, I 
should say, on the reservation. It is a hard thing to get rid of. 



YAKIMA INDIAX EESERVATIOX, ETC. 137 

Q. Do you have luuch difriciilty in having- tlic Indian follow your 
advice and remedy? — A. Yes, sir; once or tiwce they will take treat- 
ment, and then they don't want any more. It is a fact that the treat- 
ment can cause discomfort, and sometimes pain, and they don't 
always understand that good is to come from it, so they got dis- 
couraged over it, and nuiny times prefer to have an Indian doctor 
tending their wounds, and don't want any white doctor there at all. 
Q. What does the Indian doctor do for a disease of this kind?— 
A. I don't know what they do for trachoma. I have come in 
contact with their treatment in some other cases. I remember an 
instance where an Indian man w^as stabbed some five or six years ago 
here, and I was called to see him and dressed the wound and cleaned 
it as thoroughly as I could. I put on a sterile dressing as we do, and 
I told him I wanted to see him next day. He went down on the 
reservation about a quarter of a mile out of town — Mr. Spencer's 
place — and I went dov.-n to see him the next day, and he was in a tent 
there, and I was told they did not want me any more; but I took 
occasion to examine the wound through curiosity, in order to see 
how they were doing it. They had removed the "dressing I had put 
on, and taken some of the moss from the side of an irrigating ditch, 
and bound that over the wound. That seemed to constitute the 
treatment they were giving him. They refused to have my treat- 
ment anv further. 

Q. Did he afterw^ards recover? — A. I can not say. I did not 
follow the case. There is quite a lot of that superstition and lack of 
understanding. 

Q. Have you visited the homes very much? — A. I have visited 
the homes quite a number of times; I should not say very much. I 
guess in the length of time I have been here I have been in a good 
many of their homes, but we are not called into their homes as fre- 
quentlv as we ought to be called. 

Q. \Vhat do you find the conditions of the homes as to cleanliness 
and sanitary conditions ? — A. Some of the 3^ounger Indians who have 
been in school, and who have frame buildings, who are educated, have 
cleanly homes, with quite good ideas. A great many of their homes 
are very insanitary, have no conception of it; that is, in my opmion, 
the reason for the tuberculosis ancl lack of control of it on the reser- 
vation. Of course, the flies are the mam carriers of tuberculosis, and 
I have seen one or tw^o families practically wiped out from that sort 
of contagion. 

Q. Tuberculosis? — A. Yes, sir. I remember one very old gentle- 
man living out here about 7 miles southwest. He had tuberculo- 
sis and thev had him isolated about 20 or 30 feet from the main 
building in%i tepee, or tent, while the son and wife, son and his 
family, lived m a frame bnildmg nearby, and I tried to explain to 
them" the danger that would arise from the flies carrying this sputum 
into the house, but I felt at the time that my advice was not bemg 
understood, and the whole family practically died from the disease. 
You will find the same thing in typhoid fever. They can not appre- 
ciate, of course, the mode through which this contagion was carried. 
Of course, they don't know anythmg about the infectiousness of 
these diseases— that the genu is in the sputum, excreta, etc. 

Q. How long ago were those cases of tuberculosis in a family, where 
the familv was wiped out? — A. That has been about sLx years ago. 



138 YAKIMA INDIAN RESERVATION, ETC. 

Q, You were not the physician A. I was not the physician, the 

department physician, at that tune; sunply in the private practice. 

Q. Do many of the Indians here on the reservation m your juris- 
diction employ doctors outside rather than engage the contract sur- 
geon, or physician ? — A. Well, I think they often employ other phy- 
sicians. They employ one physician, and then another, the same as 
a good many white people do. 

Q. It may be a difficult question to ask you, I know, but do the 
Indians seem to have confidence in you '( — A. Some of them do, and 
some of them probably do not. In fact, I presume some of tliem 
have not yet become acquainted with the fact that I have been ap- 
pointed contract physician. It has not been but a few months. I 
don't know that they know as yet that I have, some of them. 

Q. Did you have quite an extensive practice among the Indians 
prior to your appointment ? — A. Yes, quite a few. 

Q. Who was your predecessor ? — A. There was none here prior to 
my appomtment. 

Q. You are the first ? — A. Yes, sir. 

Q. What proportion of the people, the Indians on the reservation, 
are afflicted with tuberculosis? — A. Well, that would be a mere 
guess. I should say not over 10 or 15 per cent. I should say that 
there is a bigger percentage of Indians afflicted with tuberculosis 
than there is of white people, but just what the percentage would 
be in either case, would be a guess. 

Q. And you thmk that is largely due to their ways of living? — 
A. It is due to the fact that they do not know how to prevent disease 
being carried about to the sister, brotJier, father, or mother. 

Q. Is there any way to teach them that lesson ? — A. I think they 
can be taught in time; it has to be repeatedly driven home, and the 
younger Indians have to be taught, and then let them go to the 
older, if they can, because the younger the Indian is the easier it is 
to get them to understand what is being done. 

Q. Wliat is being done to produce that effect? — A. Every time 
we come in contact with them we try to explam the best we can 
that the disease is due to the poison, the germs, that the flies can 
carry it on their feet like pigs, and if they can keep screened doors 
and windows, and keep the flies out, and dispose of the sputum, 
they will prevent the other members of the family from getting it. 

Q. Is it possible to secure a man in whom the Indians would have 
confidence, who could be charged with that responsibility, the sole 
responsibility, and have him teach that lesson to the Indians? — A. 
I don't think so; I don't think the Indians would have the confidence 
that they lack in anyone. I don't think that would be their attitude 
toward anyone put among them; it might be arranged so some per- 
son could do a good deal of this; I don't think that they have the 
first conception of the idea of infection; I don't think they are prob- 
ably in a stage to accept any explanation. 

Q. Who is your direct superior ? — A. Mr. Carr, of the agency. 

Q. Do you report to him? — A. Weil, I report to him; I report to 
Mr. Phillips here in town more often, because he is in this territory. 

Q. Is he the farmer? — A. Yes; and the field matron, Mrs. Pierce; 
I see them more frequentlv in the actual working of the matter than 
I do Mr. Carr. 



YAKIMA INDIAN RESERVATION, ETC. 139 

Q. Do you regard the field mation as a useful employee of the 
Government? — A. I should think so; she comes in contact with the 
Indians and sees to their daily wants, and perhaps advises them and 
gets them to the service of a physician, or to the service of what they 
need as much or more than any other mendjcr of the service. 

Q. Is she an Indian? — A. No; she is a white lady. 

Q. Would there be any advantage in employing an Indian woman 
for the service, if you could get one that was competent? — A. I don't 
think so; I think that an educated and sensible white lady would be 
preferable to any of the Indian women you could have. 

Q. Why? — A. Because she would be better able to inculcate the 
ideas of white people, which we feel are more advanced, and lead 
them more toward that life, which surely should be the purpose of the 
administration. 

Q. Assuming they were of equal ability and experience, what 
would you say? — A. Well, if you could get an Indiiin woman equally 
as educated and who was completely free from the traditional itieas of 
the Indian, yet who held the confidence of those Indians, it is possible 
that it might be an advantage; I think it would be hard to find such 
a person, from my acquaintance with the reservation. 

Q. Is the present matron a very competent lady? — A. I feel that 
she is. 

Q. How much does she receive? — A. I don't know. 

Q. She devotes her whole time to this work ?— A. I believe so. 

(Witness excused.) 

STATEMENT OF HAEVEY SHUSTER. 

Harvey Shuster, being first duly sworn ]\y Senator Townsend, 
testified as follows : 

By Representative Carter: 

(Without tlie interpreter.) 

Q. What is your name ? — A. Harvey Shuster. 

Q. Are you a Yakima Indian, Mr. Shuster; — A. Yes, sir. 

Q. Where do you live? — A. Four miles and three quarters south 
from here. 

Q. In the irrigated area ?— A. Not what is known under the n-riga- 
tion project, but then there is one private tlitch running through 
there— don't use it at all, it is running down below. 

Q. Is your land irrigated? — A. No. 

Q. NoVater on it? — A. No water on it. 

Q. Where were you educated, Mr. Shuster ?— A. On the reserva- 
tion here, the Indian School, Fort Simcoe. 

Q. You never w^ent any place except the school at Fort Simcoe? — 
A. That is the onlv place I went to school. 

Q. Can you giveus any information about the prevalence of disease 
among the Inchans, about wliich we have been talking, tuberculosis, 
and trachoma ?— A. There has been some of it; yes, around, especially 
to some of my relatives out here; one died here some time about 
March. That is the only one I know. 

Q. With tuberculosis ? — A. Yes. 

Q. Do you know of very many other cases on the reservation i— 
A. Whv, ves; two cases of wiiat"vou might call granulated lids. 



140 YAKIMA INDIAN RESERVATION^ ETC. 

Q. Eye disease ? — A. Yes, sir. 

Q. You know of two of those ? — A. Yes, sir. 

Q. Has the doctor been treating them? — A. Why, I had to take 
the person up to North Yakima to have him treated ; that is the only 
place he had been treated. 

Q. Where does this person live, and what is his name ? — A. He 
lives out at the ranch here with me. 

Q. What is his name ? — A. Charley Tomith. 

Q. Why did you take him to North Yakima, in preference to com- 
ing to Toppenish to the regular Government physician ? — A. Why, I 
didn't know there was any around until Mr. Johnson here got on 
the seat. 

Q. Till he told you ? — A. Until I heard Mr. Johnson was one of the 
physicians, I didn't know he was one. 

Q. You would have brought him here if you had known Mr. John- 
son was one of them ? — A. I v.ould, if I had known he was. 

Q. Mr. Johnson is a good doctor, isn't he? — A. Why, that is what 
he is known to be here by the people in Toppenish. 

Q. You haven't any prejudice vourself in going to the white doc- 
tors?— A. Not a bit. 

Q. You feel they can render you good service when vou are sick ? — 
A. Yes. 

Q. Do you know anj^thing about the reservation that you think 
this commission should know, Mr. Shuster? — A. Well, the Indians 
had considerable trouble here about the water, and the Indians, from 
their knowledge, want to receive — to get the water to irrigate the 
lands. And, especially this year, the Indians had more failure with 
their crops, on account of not having enough water to irrigate, to 
produce the crops on their lands. 

Q. How many Indians do you know wlio did not get enough water 
this year? — A. I know there is about 24 up here under the Union 
project. 

Q. Can you give their names ? — A. I can give their names; yes, sir. 

Q. Give them to the stenographer, will you ? — A. Well, I will just 
name a few of the important ones, those that have come to me: 
Shawwawai; there is Paul Hoptowit; Frank Andrews; William Hop- 
towit — the others I can not name right well, only just those im- 
portant ones right there — Sam Ashue and his brother Charley; 
Johnny Johnson. 

Q. In aU, you say there was 24?^ — A. Yes; I had 24, if I can just 
think of them now. 

Q. Well, we will go ahead. Outside of the irregularities about 
water, do you know of anything else that the Yakimas have to com- 
plain of at the present time ? — A. They had been held down by getting 
their moneys — their rent moneys and their lease money, and their 
land-sales money, the inheritance lands that had been sold. 

Q. They don'l get that fast enough to suit them ?^ — A. They don't 
get enough to carry on — to get their wants. 

Q. It is not paid to them fast enough, you mean ? — A. Yes. 

Q. And paid in too small amounts ( — A. Yes. 

Q. You get about over the reservation quite a good deal, do 3'-ou, 
Mr. Shuster? — A. ^'es. 

Q. And what is your observation about the present con(htion of 
the Yakimas generally? — A. Why, if the Indians get their — get what 



YAKIMA INDIAN RESERVATION, ETC. 141 

they want — their rights, I beheve the TiuUans would be more satislied 
than they are now. 

Q. You mean if they get their water ?— A. Yes, sir; get their water, 
and also their moneys that they have coming. 

Q. What do they do with "their money when they get it, Mr. 
Shuster?— A. Why, some of them go to work and handle some of 
their own affairs, and get what they need. 

Q. Do any of them use it to improve their farms with ? — A. ^'es, sir. 

Q. W^hat percentage would you tliink used it to improve their 
farms \\ith ^ A. Well, I judge somewhere along about three-fourths 
of them. 

Q. Well, how many of them, do you know, wlio have used their 
money to improve their farms with i — A. Well, I know 

Q. Not the names, just how many ?— A. Well, I would say a little- 
over a hundred. 

Q. Who have used their money to improve their farms ? — A; Y'es. 

Q. You are estimating that: you haven't counted them ?— A. I am 
estimating them. 

Q. What is their condition with reference to education ? Are they 
amply sup])hed with schools I — A. Yes. 

Q.The schools are sufficient for all the children on the reserva- 
tion ? — A. Y^es. 

Q. You have one school at the fort ?— A. One school at the fort 
and other different schools ? 

Q. PubHc schools ?— A. Yes, sir. 

Q. And the children throughout the reservation go to school in the 
pubhc schools ? — A. Y^es, sir. 

Q. What has been your observation, do they do better at the public 
schools or at the Indian boarding schools ?— A. Why, I beUeve that it 
is satisfactory to those children that have no mothers and fathers to 
care for them are sent to Fort Simcoe, so that they can be taken care 
of up there by the superintendent and other employees; and those 
that have fathers and mothers, they are wilhng to send them to 
the public schools. 

Q. The school at the fort then is used principally then for orphan 
children ?— A. That is what I understood— only for the children that 
live near the fort, who would rather send their children to the fort. 

Q. At which school do you think the children make the best prog- 
ress ? — A. At the public schools. 

Q. What percentage do you tliink, ^Mr. Shuster, of the Yakimas 
under 25 years of age can read and write?— A. What percentage 
there are ? 

Q. How old are you ?— A. I am 28. 

Q. Well under 25 years of age, what percentage of the children 
can read and write ?— A. Well, pretty near all I beheve— pretty near 
all the younger Indians now can read and write. 

Q. So that the Yaldmas are really making some progress in civihza- 
tion? — A. Y^es. sir. 

Q. And do you think that the present system is a good one lor 
their civihzation, if they had their water rights properly adjusted ?— 
A. Yes, sir. 

Q. Are you a member of the Brotherhood of North American In- 
dians ? — A. Yes, sir. 

Q. When did you join ?— A. I joined April 21 . 



142 YAKIMA INDIAX RESERVATION, ETC. 

Q. What year?— A. 1912. 

Q. Did you go to Wasliington City to join ? — A. Yes, sir. 

Q. What induced you to join the Brotherhood of North American 
Indians ? — A. Well, my idea was that the Brotherhood was simply to 
develop and to take on documents and so forth, and take care — try 
to elevate the Indian race. 

Q. Well, one gentleman stated on the stand — you heard him — that 
his understanding of the organization was that it was to take the place 
of the Federal Government in the supervision of Indian Affairs. Was 
that your understanding of it? — A. No, sir; my understanding was 
that the only way that the Brotherhood of North American Indians 
was to take and to develop — try to develop the Indian race. 

Q. Was there any understanding that the brotherhood was. to be 
used as a political means to enforce the giving of your rights — the 
giving to you of your rights by the Federal Government? — A. If they 
could get it. 

Q. It was to !)0 used as a ]>olitical means? — A. Yes, sir; if they 
could get it. 

Q. You were to make demands as an organization upon Congress- 
men and Senators for those rights ? — A. Yes, sir. 

Q. Who solicited you to jom this organization, Mr. Shuster? — A. 
Why, I joined at the meeting in Washington, D. C. — there at the 
Commercial Club Hall — there at Washington, D. C. They had a 
meeting there, and I joined. There were several other Indians of 
different tribes joined at that time. 

Q. How did you come to go that meeting? — A. Why, I was sent 
as one of the delegates from here, to find out whether this organization 
would take in some things of the Indians to help them to fix their 
grievances that they had, from the Government to the Indians. 

Q. W^ell, when did you first hear of the Brotherhood of North Amer- 
ican Indians? — A. December 6, 1911. 

Q. How did you hear?— A. Why, I heard hero, in the other room 
there. 

Q. Who told you of it ?— A. Why, Harve H. Phipps. 

Q. Who? — A. Mr. Phipps. of Spokane, who was the first man 
brouglit it here. 

Q. Mr. Piiipps ?— A. Yes. 

Q. What does Mr. Phipps do? — A. He is now State senator, at the 
State capitol. 

Q. Is he an Indian ? — A. He is a white man. 

Q. Is he an attorney ? — A. Yes, sir. 

Q. Has it been his business to practice among the Indians — that is, 
take Indian cases? — A. From v*"hat I have heard; but I never have 
known that he has taken up any. 

Q. Well, how did he come to take this interest in the Brotherhood 
of Nortli American Indians? — A. Why, there are so many different 
tribes of Indians have appointed Mr. Phipps to come and take the 
other Indians to become as members. 

Q. And ho solicited you to join in a meeting in this building? — A. 
Yes, sir. 

Q. Wliat did he tell you that the brotherhood would do? — A. He 
told me tlxe brotherhood was to help carry on and ask for rights 
from the Government, so as to develop the Indian race. 



YAKIMA INDIAN RESERVATION, ETC. 143 

Q. Did he tell you he was employed by other Indian tribes to 
propagate this brotherhood doctrnie d — A. lie did not say that he 
was employed at that time, but later on I found out that he was 
employed by other tribes. 

Q. What tribes?— A. From tlie Nez Perce, and Umatillas, and 
Colville Indians. 

Q. Did he tell you it would cost you any thing to jom tlie Brother- 
hood of North American Indians?— A. Why, he said it would cost 
50 cents a year. 

Q. And you paid that 50 cents?— A. I paid tlie 50 cents at the 
headquarters at Washington, D. C. 

Q. You have not paid anything since then?— A. No, sn-. 

Q. Did you yourself soUcit anybody to join the organization? — 
A. No, sir. 

Q. Did anybody except Mr. Phipps soHcit you to join it? — A. Yes. 

Q. Who was it?— A. A friend of mine who is not in the room 
to-day; he is in North Yakima. 

Q. "What is his name ?— A. Thomas Yellup. 

Q. Is he a Yakima?- -A. Yakima; yes. 

Q. Did he tell you of any interests he had in the brotherhood ?— 
A. He was one of" the members. 

Q. Only had an interest as one of tlie members?— A. Just as a 
member; yes. , i i 

Q. Have you known of anybody connected with the Brotherhood 
of American Indians attempting to take contracts with the Indians, 
the Yakima Indians ?— A. Not that I know of; that is the only 
organization I have known. 

Q. Have you ever been in the employ of tlie Indians in any 
capacity? — A. By the Indians? 

Q. Yes. — A. Why, I have taken some part; yes. 

Q. Wliat?— A. I^have taken part and I have been elected by the 
Indians to take in some parts of the meetings of Indian matters in 
the reservation. 

Q. In what kind of meetings, Ih. Shuster ?— A. WeU, in Indian 
councils. 

Q. You are a member of the Indian council ? — A. Yes, sir. 

Q. You are paid as a member of the Indian council? — A. Why, 
we liave never paid any or collected any fees, or such things, but 
just so many of us Indians are elected from certain districts on the 
reservation. . ^ , 

Q. And vou do not draw any pay for it at all ? — A. We don t 
draw any pay for it. It is just simply to help one another along. 

Q. You don't get your expenses paid at your meetings?— A. No. 

Q. Have you ever" represented the Yakimas, or any of them, in 
any other capacity?— A. Why, the only capacity that I represented 
them is the people around down toward Satus. 

Q. Down toward what?— A. Satas. 

Q. In what way did you represent them? — A. Why, they had 
some things they would like to have been told in the council, Indian 
council, or such matter, and they sent me to the council. 

Q. And the only place you ever represented the Yakimas w^as 
before the tribal council ?— A. That was the only council, and it has 
been twice. I was sent back to Washington, D^ C one time. 

Q. You were sent to Washington once? — A. Yes, sir. 



144 YAKIMA INDIAN EESERVATION, ETC. 

Q. By the Yukimas ? — A. By the Yakimas, by people — I don't 
mean the whole tribe, but people surrounding, near. 

Q. Well, what did they send you there to do ? — A. They sent me 
back there to find out what has been — find out some things that I 
went in and found out those things, asked the Commissioner of 
Indian Affairs to give us a little more money, and such stuff for 
rents, and so forth. 

Q. A little more money from the leases? — A. A little more money 
from the leases and the land sales. 

Q. Well, were you employed in trying to adjust the water rights 
in any way ? — A. Why, I was elected here as secretary by the Indians 
and to look after and to take some parts in the water rights here. 

Q. Secretary of some meetings they had ? — A. Yes, sir. 

Q. And did you draw any fees for that? — A. No. 

Q. Did you draw any fees for yoi'r trip to Washington? — A. No, 
sir. 

They just collected so much money — it was $150 — just enough to 
go back there and paj^ for my meals and bed and then come right 
back here ? 

Q. They gave you $250 to pay your expenses? — A. Yes, sir. 

Q. Have any of the Yakimas ever employed any attorneys ? — A. 
The only attorneys that I know that they were going to get one 
attorney, but I believe they failed on it, and I never heard any more. 

Q. Failed on it?— A. Yes. 

Witness excused. 

STATEMENT OF THOMAS ROBINS. 

Thomas Kobins, being first duly sworn by Senator Townsend, 
testified as follows: 

By Senator Townsend: 

Q. What is your name ? — A. Thomas Robins. 

Q. Are you an Indian? — A. Partly; yes, sir. 

Q. What part ?— A. Half. 

Q. How old are you ? — A. Forty-five. 

Q. Do you live here on the reservation? — A. Yes. 

Q. Have an allotment? — A. I havn't at the present time; I did 
have an allotment. 

Q. Sold it ? — A I applied for a patent for my land and laid it out in 
town lots; it is inside of the city limits of the town of Toppenish at 
the present time. 

Q. And you have a family ? — A. Yes, sir. 

Q. How many? — A. Wife and one child. 

Q. They both have been allotted? — A. Yes, sir. 

Q. Here in the valley ? — A. Yes, sir. 

Q. Irrigated land ? — A. One eighty, my child's eighty, is under 
irrigation; that is, it is not under irrigation but it should be, and my 
wife's allotment was subirrigated land. 

Q. Have you testified in the other room? — A. Just a little; they 
just asked me a few question. 

Q. I don't care to go into the irrigation part of it; that is not our 
branch of it just now if you have testified in the other room. You 



YAKIMA INDIAN RESERVATION, ETC. 145 

are an odiicated man, are you? — A. Educated some, but not to a 
great extei\t. 

Q. Where werc^ you (Mlucated ? — A. Different parts of the country. 
Q. What i)art?— A. I g-ot my own education; I worked out and 
went to pubhc schools. 

Q. WdJ, where did you attend pu])hc schools?— A. Well, mostly 
at Yakima. 

Q. You live here in Toppenish '( — A. Yes, sir. 
Q. Do you mingle with the Indians considerably? — A. A good 
deal. 

Q. You go into their homes? — A. les, sir. 

Q. How extensively have you visited the homes of the Indians ? — 
A. I don't understand. 

Q. How extensively have you visited the homes of the Indians ? — 
A. A good deal. 

Q. What can you say as to the conditions of the homes ? — A, Well, 
take it as a whole, straight through, it is very favorable wherever 
you go about the reservation. 

Q. Can you say whether there is progress being made among the 
Indians toward civilization or not ?— A. Yes, sir. 
Q. Has there been? — A. Yes, sir. 

Q. What is the effect of this progress upon the health of the 
Indians? — A. Well, it seems to be the gradual falling away of the 
Indian. 

Q. They are not improving? — A. No. 
Q. What is the cause of that ? — A. I can not say. 
Q. What diseases are most prevalent among the Indians? — A. 
Well, it is about the same all over; it is fevers and smallpox, and such 
things as that. 

Q. Does the Indians pay any attention to means of preventing 
contagion, contagious diseases such as smallpox, typhoid fever, 
trachoma, and tuberculosis ? — A. They do as far as I know. 

Q. And still, you think it is on the increase? — A. I think it is on 
the increase; it is the same amongst the whites all over the reserva- 
tion and throughout the whole Yakima Valley, 

Q. You think it increases among the whites the same as among 
the Indians ? — A. Yes; it seems to be more so among the whites than 
the Indians. 

Q. Well, that is rather a remarkable statement; I hadn't heard 
that before — seemed to be right the reverse of that. What can you 
say as to the administration of the Indians' affairs, as to whether you 
believe those affairs are being properlv administered or not? — A. 
Well, in regard to that I should say flatly that they have been very 
badly mistreated. 

Q." The Indians have been badly mistreated? — A. Yes, sir. 
Q. Will you specify now in what respect they have been badly 
mistreated?— A. In a good many ways; to go into details they have 
been mistreated — I will take up one subject, which will be probably 
the most important to you and the Indians— it is the question of 
money matters amongst the tribe. For instance, here a person, which 
there is some in the room here at the present time, that goes out and 
sells their inherited land, through a Government sale. That land 
first is appraised by someone, by Government authority. 



146 YAKIMA INDIAN RESERVATION, ETC. 

Q. Either tho superintendent or farmer? — A. Yes; that land has 
been appraised by someone and it is put up at that figure to be sold. 
A great many times a piece of land that has been sold through Gov- 
ernment sale which has brought probably three or four thousand 
dollars, was worth seven or eight, possibly ten thousand, but take 
it even at that it is sold, we will say, for four thousand dollars. 

Q. Well, aren't there bids made on it ?— A, Yes. 

Q. Put up on sealed bids, is it? — A. Yes, sealed bids; but yet they 
know about what price that land will bring when it is appraised at so 
much. Say it is appraised at two thousand; a man is not going to 
give ten for it when he knows he will get it for four. 

Q. What is to prevent anyone putting a bid in on that who 
knows? — A. There is nothing to prevent a man from bidding on it; 
but they know there is no use bidding away up high — but take it on 
the other hand at that, whenever the Indians sells that land, the 
white man, whoever buys it, after the heirs is all signed up, this 
money is turned over to the agent — the superintendent, we call him 
here or the agent; that is put into the bank in Yakima or some place 
else, held in reserve for these heirs, and it will be dished out to them 
in small sums, probably ten or fifteen dollars a month; there is a whole 
family that is depending on that money and they will probably get 
ten or fifteen dollars a month. 

Q. Each child ?— A. No. 

Q. For the family ? — A. For the family; the head of- the family will 
probably get 10 or 15; some of them as high as S30 a month; that 
money lays in the bank, drawing no interest to them, whereby if it 
was turned over to them to a certain extent that they could go out 
and build themselves up a nicer home, buy stock to stock their farm, 
and buy their implements to cultivate their land. 

Q. Are you sure, Mr. Robins, that that money does not draw inter- 
est? — A. t am positive of that; it might draw interest, but it does 
not go to the Indians. This should not be. My mother has, or has 
had — she has been getting more now than she has for three or four 
years and she is very old; she is up in the eighties; she was getting for 
two years $15 a month, not enough to support any one person. If 
you had to go out and live on $15 a month you would find you had to 
live awfully skimpy and go hungry a good many times. She got S15 
a month to live off of, off of this inherited land, and the money lays in 
the bank and has been there ever suice. She has something over $300 
there, and there has not been a cent of interest on that money. 

Q. Well, the testimony before us has been by the superintendent, 
in dispute of that proposition, tliat the money was drawing interest in 
some cases 5 per cent, some 5^ per cent, and the lowest of aily was 
3 per cent. — A. I have only lieard of one case on the reservation, I be- 
lieve one person has told me here that they got 4 per cent interest on 
what money they had in the bank. 

Q. Now, what would you have done with that money, Mr. Robins — 
for instance, your mother's money — would you turn it all over to 
her? — A. I would take it now, for instance, in that case, wherever her 
children is capable of looking after her and handling her business for 
her in a right way, I would have the money be deposited in a home 
bank to her credit, and whenever there was anything needed that she 
needed and really needed bad for lier home use or for anything of that 



YAKIMA INDIAN RESERVATION, ETC. 147 

kind, her heirs, her children looking after that part of it, that she could 
go and di'aw the money. 

Q. Would you have the children give bonds for tliat amount? — A. 
Yes, just the same thing as I would for my child, that I would take 
his money and put it m the bank here, and I would give bonds that I 
would do Whatever that money — t(i put it to the best adAantage. 

Q. That is, you would account for it? — A. Yes. 

Q. Well, that is one of the complaints; you name that as one of the 
principal complaints that is made, that where Indians have money to 
their credit at the agency or with the department, that they should be 
allowed to draw more of it ? — A. ^^es. 

Q. Well, now, tell me, Mr. Robins, are there not many Indians 
who, if they were allowed to have their way about it and draw the 
money, it would soon be squandered, and the white man or some- 
body else would get possession of it? — A. Well, in a few cases it 
might be that way, but in a good many cases — you take more 
than two-thirds of the cases on the reservation that I know; they 
would feel more hke getting in and doing something. 

Now, a case that came to me here not long ago. There was a 
man wanted to buy a team, and he couldn't get money enough to 
buy the team he wanted. 

Q. What would he have done with the team when he got that ? — 
A. He wanted to go to work on his farm; he has 8 acres right within 
2 miles of town here, and the young man is a good, industrious 
fellow, and he has had his land leased for the last four or five years; 
but he wanted to go and work it himself; thought he could make 
more out of it than he could by leasing, and he wanted to go to 
work; and he has something hke three or four thousand dollars in 
the bank and he wanted $400 to bu}^ himself a good team, and he 
couldn't get only $250, so he came to me and wanted to know if I 
couldn't arrange it so I could loan him the balance of it to buy the 
team. 

Q. Did you do it? — A. I didn't with him at that time, no; but I 
have a good many. 

Q. Well, what would you say . of the proposition, Mr. Robins, 
along that line, of alloA\ang those Indians who are competent, as 
you suggest, who can look after their property if it is given to them, 
allowing them the right to have all of their property, then putting 
them on a footing, equal footing, with the white man in every par- 
ticular ? — A. Well, in that case it would be all right, providing that 
they could be put on an equal footing with the white man, but under 
the' present State laws of this State you can not. 

Q. Why, what law in particular? — A. There is one thmg here; 
I am classed as an Indian; amongst the Indians I am classed — -when 
it comes to votino- and thmgs of that kind, I am a white man, yet I 
am neither. Walk down here to a saloon, which some of them 
have right here on the center of the reservation; there is a sign 
meets me in the face, stares me in the face: ''No Indians allowed." 
So I have not the right of a white man, yet I am looked at as a white 
man when it comes to have to pay my taxes and tilings of that kind; 
then I am a white man. 

Q. Well, do you regard that as a privilege worth haying, the right 
of an Indian to go into a saloon ? — A. I can not say it is a perfect 
right, yet if the Government has saw fit to issue me a patent to make 



148 YAKIMA INDIAN EESEEVATION, ETC. 

me a white man and a tax payer in the State of Washington, why 
shouldn't I liave that right? 

Q. Well, of course, in the State — I don't care to get into an argu- 
ment on this proposition, but of course the State has certain laws 
which they consider to be desirable laws, not only in reference to 
saloons, but there are very many other things that the State law 
applies to where men engaged in certain business — for instance, a 
man going into the saloon business, he has to pay a license; an ordi- 
nary business man don't have to pay that license. Those things, 
of course, as you suggest, are matters that pertain to the State; but 
now in talking about the Indian property, my suggestion was that 
he be placed on an equal footing so far as the Federal laws are con- 
cerned with the white man, and he be given Ms property, the restric- 
tions be removed, do you think that would be a good thin^ for the 
Indian or a bad thing? — A. Well, now, that is a question that 
would be hard to answer. You take it in a good many cases it would 
be all right, but there is a good many of them looks at the thing 
just the same as I do — why do you want to get a patent to your 
land and not become a citizen of the State ? 

Q. Well, you do become a citizen of the State, don't you? — A. 
Well, in some ways, yes; just as I stated it to you a moment ago. 

Q. Well, do you know of any other restriction except the matter 
pertaining to liquor? — A. Well, that is the most — the hardest 
thing comes down agamst the Indian on that account; of course, 
when the Government turns you loose as a white man, he expects 
you to act in that capacity. 

Q. Of course, that was intended to cover the cases of Indians where 
liquor, as you know, is an actual detriment. It is destructive to the 
Indian, the ordinary Indian, I mean, now; it might not apply to you 
and probably would not, if there could be an exception made in some 
way, but where are you going to draw that line ? That is the difficult 
problem that I suppose the State legislature has to meet, but what 
other complaint have you to make, Mr. Robins ? — A. Well, the other 
complaint — another one I wanted to go into in detail, that was the 
way the Indians had been treated on their ranges. 

Q. Tell us about that. — ^A. Now, in regard to that, there has been 
several — well, in the first place, you know that the Government has 
spent a good deal of money trying to educate the Indian and put him 
on a footing whereby he could make a living for himself. Now, in a 
good many cases here — there was four or five here this last spring — 
good, honorable people that wanted to go into business, wanted to go 
into the sheep business. 

Q. Indians you are talking about ? — A. Yes, some full-bloods and 
half-breeds wanted to go into the sheep business ; others into the cattle 
business, and of course I was one amongst the bunch and of course I 
have made the application myself, but then there were three or four 
other parties that did make the application to Mr. Young for a range. 
He writes back if we want a range we will have to make a written 
application for the range and we w^ll have to pay 20 cents a head 
for sheep to get range on the reservation; yet that is what an out- 
sider comes in from the outside and gets the choice of the range and 
he pays the same price and there was others turned dow^n entirely, 
couldn't get no range at all. Therefore, it stopped the Indian from 
going ahead to try to make a living for themselves. 



YAKIMA INDIAN RESERVATION, ETC. 149 

Q. The testimony of Mr. Carr, a few moments a:^o, l)efoie you eame 
in, was to the effect on this subject, that there was but one Indian 
who had made applicatioji for a range for grazing privileges, who had 
been denied and that came in hite and he thouglit was of a doubtful 
character. — A. Well, if you would take the evidence I can bring you 
in out of the other room at the present time tliat wrote, and they 
have their letters that they received from Young. 

Q. Was that before the leasing ]>rivilege or the seeding j)rivilege 
had been exhausted ?— A. No. 

Q. It was afterwards ? — A. That was during tlie early spring just 
when everybody made application for a range. 

Q. Here is a question that the commission will undoubtedl}" con- 
sider by and by, and I want to ask you this question: Even on the 
range that belongs to the Indians, the unallotted lands, do you think 
that a member of the tribe or an allottee should have the pri%alege 
of using that range without paying anything for it ''. — A. Well, I don't 
know exactly in that way, but you take — now, this is one point I was 
going to put up and I blame Mr. Young just as much as I blame any 
other agent, more so than any we have ever had here, that he goes 
to work and leases out so much range to a wliite man from the out- 
side, that to get to that certain range you have got to cross thousands 
and thousands or acres of allotted land; then sheep have got to cross 
that allotted land to get over to the range and it takes them the big- 
gest part of the summer across that allotted land to get over there, 
and what do they do ? They don't pay the Indians that own that 
land a cent, whereby an Indian, which I have a range up on the 
Klickitats, a cattle ranch myself; now, there is a few allotments in 
there and all those people who had allotments in there have got paid 
for their land from me for a pasture, but these outside people will 
come in here and cross the Indian's land going there to their lands 
and they don't pay for that. They are using this Indian land, the 
land that has been allotted for pasture, the biggest part of the summer, 
and they don't pay a cent for it. 

Q. Do they have to cross the allotted land to get to the range ? — 
A. They don't have to do it. 

Q. They do do it? — A. They do because they take the best part 
of the land to go there to get into the range. 

Q. On lands that are being worked ?— A. No; it is pasture land, on 
the upper lands where people have taken it for pasture land. 

Q. Mr. Carr also testifies that where there were isolated allotments 
on the range where they were used by the herd, that the Indian made 
his arrangement with the lessee and got some pay for the use. — A. 
Well, there might be a few" cases of that; there is a good majority that 
has not l)een. 

Q. Getting back to this other proposition, that unallotted land, 
that is used as a range, belongs to the Indians as a whole? — A. Yes. 

Q. Now, no one Indian ought to be entitled to use that without 
paying for it, had he ? — A. Well, to a certain extent he should not, no. 

Q. Because it belongs to all the Indians ? — A. Yes. 

Q. And is the Indian denied any right; the Indian who wants 
to lease this ranch, is he denied any right wliich is given to the white 
man? — A. Well, he has been this year. 

Q. Ordinarily the Indian who went in and made a bid for that 
range was treated the same as the white man was, was he not ? — A. 
Some of them was and some was not. 



150 YAKIMA INDIAN RESERVATION, ETC. 

Q. Some were denied ? — A. Yes. 

Q. Can you give us the names of any men who were denied the 
right to pay for that range or any part of it ? — A. Well, there is two 
that I know of; of course, they got their range later, but then they 
had to wait until the white men got their pick, got their choice, then 
they got all the good range; it is not that they were denied outright, 
but they were denied when they first made their application and they 
said they could not get any range at all, that the range was all gone, 
yet there was the white man came in from the outside and got the best 
part of the range after that. 

Q. Well, will you give us the name of some men ? — A. Agnes Bond, 
her husband was a white man; he was the one that made the appli- 
cation; Ella Briggs, her husband was a white man; John Fiander, 
he is a half-breed on the reservation. 

Q. These white men make the applications in the name of their 
wives?— A. For their \\dves; yes. I also believe Benny Olney made 
an application and didn't get his until way late. 

Q. Do you know of anything further, Mr. Robins, you want to 
tell us, any other matter ? — A. No; there is nothing more at the pres- 
ent that I can think of. Those are the two main parts I wanted to 
take up with the commission. 

Senator Townsend. Well, very much obliged to you, Mr. Robins; 
if there is anything further you want to state 

Congressman Carter. I believe I would like to ask a question or 
two. 

Q. Mr. Robins, I believe one of your objections you have to the 
present system is that when an Indian is given his trust patent and 
made a citizen of the United States, they won't grant him the same 
privileges with reference to going into saloons, etc., as the white 
man? — A, Yes; I believe he should be. 

Q. Then, you think that the Ignited States citizen can be sepa- 
rated from the Indian and his appetite for whisky? — A. Now, to 
get down to the whisky question, I have saw right here in the 
Yakima Valley for two 3^ears that the saloon was open to the Indians 
that had a trust patent to the land, it was open to them for two years 
during that time; I didn't see one- third — I can swear that I didn't 
see one third of the drunkenness during that time that I wdl see out 
here any time, now. 

Q. Don't you think there might be some logic in the contention 
that an Indian having a family dependent upon him after he has 
been given his patent in fee and had additional responsibilities im- 
posed upon him, that there might be more reason for them keeping 
the use of liquor away from him than there was before? — A. No; I 
don't think so. 

Q. You don't think there is any logic in that contention ? — A. No; 
I don't, because you take — I don't care who it is, whether it is an 
Indian or whether it is a white man, if you tell them that they can not 
have a certain thing they are going to have it regardless of the cost. 

Q. Well, now, you make complaint, Mr. Robins, I believe, in con- 
nection with the leasing of the grazing land ? — A. Yes, sir. 

Q. You made an application, you say ? — A, I did not make an 
application direct; Ella Briggs made the application; I was going 
in partnersliip with her. 

Q. She was an Indian ?— A. Yes. 



YAKIMA INDIAN EESEEVATION, ETC. 151 

Q. An allottee of the Yakima Reservation? — A. Yes, sir. 

Q. Did she comply with all the regnlations in making application ? — 
A. She wont direct to the agent. 

Q. In making the application, don't you have to deposit a certified 
check for the amount ? — A. It is supposed to be w ith the whites but 
not among the Indians. 

Q. In that respect the Indians are favored above the whites? — A, 
Yes; on the reservation; it is a privilege amongst the Indians if they 
w^ant range they take it. 

Q. I understand, but in making application to lease it in the regular 
w^ay, are they not required to deposit a certified check the same as a 
white man ? — A. Well, now, I could not say in regard to that. 

Q. Well, do you know wdiether this lady did that or not? — A. No; 
she did not. 

Q. Well, that perhaps w^as the reason why the application did not 
receive the proper consideration. — A. Well, she went direct to him 
and made the appUcation, and she could not get the range, and then she 
told me about it, and so Young came to her afterwards and told her if 
she wanted range he would cut the price in two and make it 10 cents, 
after the range was all gone. 

Q. Now, Mr. Robins, you were an allottee, you say, on this reser- 
vation ? — A. I was. 

Q. Part of your allotment was in the town of Toppenish ? — A. It 
is all in the to^^^l of Toppenish at the present time. 

Q. Have you sold it ?— A. Not all of it. 

Q. How^ much of it ? — A. I sold it all except a few lots. 

Q Did you get a good price for it ? — A. I got a good price for it. 

Q. Would you mind telling the commission how much on an aver- 
age 3^ou have sold those for ? — A. On an average — well, I sold part of it 
outright to carry on my business until I got my patent — that is, I had 
already got my patent but I had no means in that time to get my land 
surveyed or anything which it costs quite a lot — I sold 30 acres 
out of my allotment; the railroad took out 5. 

Q. What did they pay you for that? — A. The railroad didn't pay 
me nothing. 

Senator Tow^nsend. That was out when he got the allotment. 

A. When I got the allotment the railroad had already taken out 
five and a third acres, and the 30 acres — the remaining 30 — I sold 30 
out of that piece for $12,000, and the balance of it averaged me 
about — a little better than a thousand dollars an acre. 

Q. How much of the balance was there ? — A. About 45 acres. 

Q. Forty-five acres? — A. Yes. 

Q. You got then about $57,000 for that allotment ? — A. Yes, sir. 

Q. Have you invested that money ? — A. I invested the bigger por- 
tion of it; yes, sir. 

Q. And are drawing an income from it now? — A. Well, no, not 
exactly; of course some of it — a good deal of it I have loaned out. 

Q. Well, you mil draw an income from that ? — A. Yes. 

Q. So that there is not much use in the Government attempting to 
look after you any further? — A. The Government never has, and I 
never intend that the Government should. 

Witness excused. 

35601— PT 2—14 6 



152 YAKIMA INDIAN EESERVATION, ETC. 

STATEMENT OF JOE W. PHILLIPS, AGENCY FARMER, TOP- 
PENISH, WASH. 

Joe W. Phillips, being first duh' sworn by Senator Townsend, 
testified as fellows: 

By Senator Townsend: 

Q. T\Tiat is your name ? — A. Joe W. Phillips. 

Q. What is your business ? — A. I am agency farmer. 

Q. l^Tiere is your headquarters ? — A. Here at Toppenish. 

Q. How long have you been occupjdng that position? — A. About 
three years; a little over three years. 

Q. Were you connected with the Govermiient in any capacity 
before you were Government farmer? — A. I was school farmer one 
year over in Oklahomxa and six months at Fort Shaw, Mont. 

Q. What is your salary? — A. A thousand dollars a year at the 
present; I came here at $900. 

Q. And you have no expenses furnished besides ? — A. Well, I have 
a house and barn: most of the rent paid on the house and barn; they 
allow me, I beheve, at the present time, $17.50 a month for the house 
and barn. 

Q. You have a team furnished you ? — A. Yes, sir; a team and rig. 

Q. What is your business as farm-er? What are your duties, 
rather? — A. Well, the most of my w^ork is subagent work. I have 
an office here; I am under direct orders from the agent, and a good 
part of my business is taken up in land matters, looking after the 
leasing, supervising the leasing, the collection of rentals, and the 
improvement of leases, and appraising land, and looking after the 
different Indian troubles, their health. 

Q. Their health? — A. Yes; and I help them all I can in farming. 

Q. Well, now, what do you do in that latter respect? How do 
you help them? — A. Well, there is not a great amount I can do; 
I — that I have been able to do so far; when I see an Indian that I 
think I can help by advice, why, I do it. If I see an Indian that I 
think will make good as a farmer, I try — I recommend that if he 
has any funds that can be used for the purchase of teams, implements, 
anything of that kind, why, I recommiend that he be allowed it and 
try to get it for him. 

Q. Is your advice generally followed ? — ^A. How is that ? 

Q. Is your recommendation or advice usually followed ? — A. Well, 
not so very much — the Indians as a general rule seem to think very 
well of me and think that I can give them pretty good advice, but 
the most of these fellows here, take them as a class, beyond that 
stage I find them so — that is, they think they are, anyway 

Q. What do you mean by ''bej^ond that stage"? A. Well, they 
think they know how to do anything, do farming — and those that 
try it do fairly well in it. 

Q. Now, when you recommend to the agent that a man should 
have some money to buy a team or do other things with, is that 
recommendation usually followed by the agent? — A. Yes, sir; some- 
times the agent has looked into matters, and, of course, he asks 
me for my report as to the actual conditions, wliich I am obliged to 
give, and sometimes they turn it down, but I would say that 90 per 
cent of my recommendations are followed. 



YAKIMA INDIAN RESERVATION, ETC. 153 

Q. Mr. Robins just testified that in the case of his mother, she 
having something like -So, 000 (h)Uars on (k>})osit in some of the banks, 
that she was unable to get but $15 a month when she was entitled 
to more. — A. ]\Ir. Robins has gotten — 1 forget — either $30 or $35; 
that is my recollection, that it is $35; ever since I have been here, 
three years. I deliver Mrs. Robins's check mostly. 

Q. She gets $35 a month ? — A. Tliat is my recollection of it. 

Q. How does she use that money; do you know ? — A. Well, the old 
lady is very old and feeble; she uses it for her support; she has had 
a young boy living with her — I don't — I guess all his life, as far as 
that is concerned ; but a good part of it has gone to keep up him and 
his family; that is, the household affairs there; those who Uve there. 

Q. Does he have any other means of support ? — A. Well, he has 
an allotment; well, I know one year that he got about $200 out of it, 
or $210, something Uke that. 

Q. Now, you said you were to look after the health to some ex- 
tent. What do you do in that respect? — A. Well, it is just simply 
advice and try to get the Indians to build better houses where they 
have money, and I try to see — I notice that there is a great tendency 
with a good part of them — I won't say the most of them — to keep 
the honse not ventilated properly. I talk to them as much as I 
can that way. 

Q. Do you see them often ? — A. Why, I am out in the country — 
well, at least three days out of the week — well, it will average more 
than that — more than three. 

Q. You go into their homes do you ? — A. Yes, sir. 

Q. When you see them sick, do you advise them with reference to 
securing medical attention? — A. Yes, sir; I do; but there is lots of 
Indians, they insist on having their own doctors, the Indian doctors. 

Q. The old Indian methods employed ? — A. Yes, sir. 

Q. Do you see many cases of trachoma or eye diseases ? — A. Yes, 
sir; it is very prevalent. 

Q. What proportion of the people, do you think, have diseases of 
the eyes, of the Indians ? — A. Well, sir, I actually think that 60 per 
cent of them are troubled with it — or old people, of course — the 
people that come into my ofhce regularly, or that I visit regularly, 
are the old people; the people that draw monthly allowance checks; 
that is one of my duties to deliver those, and that calls me into their 
homes quite frequently; lots ol them I have to go once a month, and 
the majority of these have eye trouble; some of them — a number of 
them — a number of those people are bhnd. 

Q. How many ? — A. Well, I can not tell you, because I never did 
set it down; but there is several of those old people are blind. 

Q. Can you give me the names of any of them who are blmd ?— A. 
Muck-a-muck Jolin; Tom Okseo; then there is another Indian here; 
he has been bUnd a long time; but the other Indian I speak of was 
an accident, I guess, that caused his; I could soon get a number, but 
I don't think of the others, because I hadn't thought of that. 

Q. Now, with reference to the leases, you have heard the testi- 
mony here this afternoon, have you, Mr. Philips ? — A. Part of it. 

Q. Now, 3^ou heard the testimony of the last witness, Mr. Robins ? — 
A. Yes, sir. 

Q. What can you teli us in reference to the method of leasing the 
range land on the reservation? — A. Well, I couldn't tell you nothing 



154 YAKIMA INDIAN EESERVATIOX, ETC. 

very definite about that; I don't have anj^tliing to do witli it. There 
is a certain time — well, I think soon, now, in a few days, they will 
be required to make application for the next spring range, if I under- 
stand it. 

_Q. Beginning in June? — A. Yes, and the summer range, or the 
winter range, is leased that way too, quite a bit ahead, and the bid 
is accompanied with a deposit. 

Q. Well, you said you had something to do with the leases ? "W^iat 
do you mern? Wliat do you have to do with the leases? — A. With 
the leased farming and grazing land, the allotments. 

Q. Well, what do you have to do with the leasing of the range 
land on the allotment? — A. Weil, the best pasture land here is fenced 
in 80-acre tracts; they generally, when it is first leased — it is leased 
at so much per acre or per year and fenced; generally — perhaps that 
might be a two or three year lease. 

Q. Do you find there is much disposition here at Toppenish or 
Yakima or any other place to take advantage of the Indian in matters 
of trade and commerce? — A. Well, I don't know as there is any more 
so here than any other place I was ever at; there is some tendency 
that way, but it is not so very flagrant. 

Q. Do you ever have occasion to look into a transaction that has 
been executed between an Indian and a white man? — A. Well, yes; 
I am called on sometimes to do that in small matters. 

Q. Now, if an Indian is allowed out of his allowance enough money 
to buy a team, do you look into it to see whether he gets a good 
bargain or not? — A. Yes, sir; it is my business. I have to pass 
upon all the teams that are bought with trust funds in this section. 

Q. Is the Indian as a rule a pretty good dealer? — A. Well, no, 
not as a rule he is not; if he gets stuck on some old skate of a team 
he is willing to pay most any price and there is quite a tendency to 
get stuft' that is not suitable for his needs. That is, there is excep- 
tions to that, you understand; there is some of them just as good 
judges as I am; but then I would say the majority of the cases — it 
would not be a very big majority — but the majority of the cases I 
thmk they need supervision . 

Q. Is there any number of Indians on this reservation who are com- 
petent in your judgment to handle then own property ? — A. Yes, sir; 
I think there is a number. 

Q. AVhat proportion of them? — A. Well, I thmk something like 
10 per cent of them, in the neighborhood of 10 per cent. 

Q. Do you see anv miprovement m the Indian from a business 
standpoint? — A. Well, I thmk there has been an improvement since 
I have been here in the Indians' method of living and management — 
understand, that I don't think that I am the cause of it, or anything 
of that kind ; I think circumstances have tended that way. 

Q. You devote all of your time to the business of the position you 
hold?— A. Ido. ' 

Q. Do you notice the work of the field matron? — A. I do. 

Q. What does she do ? — A. Well, the field matron for about two 
years has had to do the duties of the farmer at Wapato; she was sta- 
tioned at Wapato for a little over two years, and they had no other 
representative there, and she was called on to do a lot of the duties 
that a farmer would ordinarily be called upon to do. 



YAKIMA INDIAN EESERVATION, ETC. 155 

' Q. Is there an ythino^ else that you wish to say to us, Mr. PhilUps ? — 
A. I don't think of anytliing. 

Q. Tliere was an okl Indian testified this afternoon, stating you had 
never been on liis farm. Have you been on his farm? — A. Yes; I 
think that he evidently did not understand the question or some- 
thing. I made a special tnp there about ten days ago. It was the 9th 
day of September that I was there to measure his hay land. He had 
hired a white man to mow his hay, and I went down there to measure 
his land for him. 

Q. Was he there ? — A. Yes, sir. 

Q. Ever been there before ? — A. Yes, sir; I went there last year one 
time on the same errand — twice. One time to measure his grain 
lands — some gram land that he used of liis property — and again to 
measure this same hay land. 

(Winess excused.) 

HARVEY SHUSTER (Recalled). 

By Representative Carter: 

Q. Mr. Shuster, you testified that you were acquainted with the 
health of the Yakima people, that there was some trachoma and 
tuberculosis among them; do you thmk the establishment of a hos- 
pital here, centrally located on this reservation, would be an advan- 
tage in the way of curmg those people ? — A. I beheve it would. 

Q. What ? — A. I believe it would be better for the Indians. 

Q. Do you think most of the Indians could be induced by you and 
other more progressive members of the tribe to accept treatment for 
tuberculosis and trachoma at that hospital ? — A, Yes. 

Q. What would you think about the establishment of one big hos- 
pital, say in the State of New Mexico, where all the Indians in the 
United States would be sent for treatment? — A. Well, an Indian 
from this State, I do not believe he could stand as much — stand the 
atmosphere that they have in certain different States. An Indian 
would rather go to a home hospital rather than go to a foreign. 

Q. Do you think they could be induced to go there at all? — A. I 
don't believe they would go. 

Q. It is too far away from home ? — A. It is too far away from 
home. 

By Senator Townsend : 

Q. Have you got any trouble with your eyes, Mr. Shuster? — 
A. Why, a little trouble, yes, sir; quite awhile ago, I was a little boy 
then, I got hurt. 

Q. Yes, I noticed one eye was hurt; do you have any trouble with 
the other eye?— A. No, sir; not a bit. 

Q. You don't have what they call trachoma? — A. No, sir. 

(Witness excused.) 

Senator Townsend. I wish you would ask the Indian here — I 
notice there are some Indians who probably cannot understand me — 
if there is anybody here who has something he wants to say to the 
commission that has not already been presented to us; if so, we will 
be glad to hear them. 



156 YAKIMA INDIAN EESERVATIOX, ETC. 

STATEMENT OF WILLIAM CHARLEY. 

William Charley, being first duly sworn by Senator Townsend, 
testified as follows : 

By Senator Townsend: 

Q. Do you understand English ? — A. Yes; some. 

Q. If we could talk to you in English we will get along faster. 
What is your name ? — A. William Charley. 

Q. Are you a chief ? — A. No; I have done quite a lot of interpre- 
ting in different places. 

Q. Wliere do you live ? — A. Well, I five on the reservation here. 

Q. You have an allotment? — A. Yes. 

Q. Eighty acres ? — A. Yes. 

Q. In the irrigation district ? — A. Well, it will be in the irrigation 
district, but it seems to me they could not reach me with this project 
system now. 

Q. What have you been doing with your land ? — A. Doing nothing 
with it. 

Q. Couldn't do anytliing with it? — A. No; it seems to me they 
would not give me water out of the creek; I have an allotment along- 
side the creek, but it seems to me they would not give me water out of 
the creek because I might interfere with the leases; they had leases, 
water taken out from the creek right through my allotment. 

Q. They would not give it to you? — A. No; they wouldn't give it 
tome. 

Q. Wliat creek ?— A. Satus Creek. 

Q. Do you have tools and things for farming it ? A. Yes; I have 
farmed different lands when I could not farm down there; I had a 
team; I haven't it now. I lost my team last winter. 

Q. Died?- A. Yes, died; got colic; before I got back home and 
had anything to do with it, they died. 

Q. Have you got a team now? -A. Well, no. I only got one 
horse, that would make a good team; I got one small team now, but 
I do a little farming with it. 

Q. Have you testified in the other roona to-day?— A. Yes; they 
asked me only just a few questions. 

Q. You told them about these things, didn't you?— A. They asked 
me about the same things; I told them about the same things. I 
want to speak about another thing here. 

Q. Tell me what you want to say.— A. I want to speak about the 
banking system of the money. I have seen it and kept track of it 
and kept figures at different' times. The Indians could not under- 
stand the banking and I keep following up and looking into this mat- 
ter and I come to find out that Indians they can not learn how to take 
care of themselves if the regulation will be followed out that the Gov- 
ernment has now. The Government has a regulation— it can not 
learn the Indians how to take care of their mone\ and it bothers my 
head, and I wish to state to-day that the Government should make a 
regulation so as to learn the Indians how to take care of their money. 
Now, I have seen their moneys wasted in places and he could not get 
the care of them, and here is another thing— the Indians can learn 
how to bank their money. 

Q. He can learn ? — A. He can not learn. 



YAKIMA INDIAN EESERVATION, ETC. 157 

Q. He can not learn? — A. No; because he can not sec it. Now, it 
leaves — the Government has a regulation so the superintf^ndent is the 
only man can handle the money and that is the only place they have 
to go to ask for authority if they need a team. Now, when they sell 
the allotment, inherited land especially, and the money goes to the 
agency and the agency hands. Well, he sends it over to some bank, 
to tlie highest bidder, I think; the highest bidder, the more interest 
they get out of it. Now, this Indian, you see, don't know where his 
money went to, where the money goes to. Now, all his exj^ense goes 
through the authority. Now, he don't know how much interest he is 
drawing and he don't know how much money he has to use out of this 
fund and he never see — everytime he spends so much, a hundred for 
his buildings, his houses, his barns or buying teams or im})lements, 
now, he has no certiicate to see how much money he has in the bank. 
Some of the Indians think they have two or three thousands in the 
bank yet and ])retty soon they will run it right up to the last check, it 
is drawn and they give them the last check and it will suprise the 
Indian when he has followed up in his mind, or some of them followed 
it up that are a little educated and keep track of it as near as they can, 
and everyone of them think they have fell short somewhere. 

Q. I can see that very clearly. Now, what you propose, John, as a 
remedy ? How would you change that ? — A. Well, I would change it 
this way: If the Indians sell allotments and had the money and have 
it for him to bank, put this money in the home banks with the super- 
intendent or overseer of the Indians; take them to the bank and put 
the money for them, or in it, and show them certificates of how much 
money they have got there. Now, everytime he wants anything, 
draw out money out of the bank, he must go here to the bank and 
draw this money in the presence of the superintendent, present in the 
bank and see how much they would draw. Now, the banker, he give 
them another certificate of how much money they have in the bank; 
let him see that so he will understand he has got in the bank. 
Let the bank run on again with the money there; anytime he needs 
any more, go up to the agency and tell them, "I want to get some 
more money of a certain bank." Well, let the superintendent or 
someone give them authority to go there to get this, or the superin- 
tendent to go with him or some farmers to go with him and see that 
he draws out so much money and the Indian sees he draws out that 
much himself. Now, by making these checks in the bank — now, I 
learned this from my father-in-law; I looked after his matters last 
year; he got hurt and went into the hospital and came to find out he 
had a little over a hundred dollars in the agency; of course, the hos- 
pital fees — the bill was sent up to the agency and they were willing to 
pay it; they paid somewhere over $23 and dift'erent expenses. The 
doctor fee was S75. The doctor sent his last bill up there, his last one 
or two; I went up with that biU myself, up to the agency, and laid 
that doctor bill before him. 

Now, I said, "Here is $75, my father wants to pay it;" I walked 
into the bank and they opened up the book and told me "There is only 
$52 here for him. Now, he ain't got $75." Now, he said, "Will that 
do to give this $52 to the doctor and we will try to settle this doctor 
bill with this $52— shall we ask for authority of the department to 
make this check to the doctor of $52 for the settlement?" All right, 
I told them to ask for the authoritv. So the authority went and it 



158 YAKIMA INDIAN RESERVATION, ETC. 

came back. My father never touched that S52 there. I had a httle 
book, a memorandum in my pocket; there was S52 there. 

Wlien the check was made to the doctor from the agency they made 
out the check there for $46. The check was sent down here to 
Wapato for my father to indorse the check so he could send it over to 
the doctor, so he indorsed it and it was $4Q. Well, then, we knew we 
had the difference up there, the difference between $52 and $46 up 
to the agency. We goes up there and he says, ''You have drawed all 
you had." Where does it go to? We don't know; we can not get 
track of it; I can not get hold of it. 

Q. Have you brought this up to the superintendent, called his 
attention to it ? — A. I went up and looked for it ; he opened up the 
books and said, "You drawed all of it;" of course the book, that is all 
we can get out of it. 

Q. Now, you take in your case, I can see there is some force in what 
you say, your idea being to have some system which wiU show the 
Indian himself just what is going on; but a great many Indians, and 
there are many of them, you know, that are dealt with in the depart- 
ment who can not write; their mark would be made on there if they 
indorsed it as you suggested; that would be no check on it; if that 
was true, those marks could be put on there by anybody, but we have 
your suggestion there; I will talk it over with the superintendent and 
with the commission and see if there is not something we can see 
somewhere under your suggestion, something that would appeal to 
the Indian and show him that he was being dealt fairly with, that 
would be most desirable. — A. Yes. 

Q. I can see that. — A. And after awhile I am going up there to 
the fort again and investigate this a little more, a second time to 
see if we can not find the difference between the forty-six and fifty- 
two dollars. 

Q. There is certainly some way to find it; if you have sent it they 
ought to have some way to show where it was sent. — A. Yes. 

Q. Is there anything furtlier you want to say, John ? — A. WeU, I 
would like to say about taking out water out of the Satus Creek 
myself, so I can farm my own allotment. 

Q. Did you talk that over in the committee ? — A. No. 

Mr. Carter. Well, they are taking testimony about that in there 
now; if you ^vill go over there you can tell them about that. 

Senator Townsend. We don't want to take up water matters in 
here if we can help it. 

(Witness excused.) 

STATEMENT OF E. H. LILLY. 

R. H. Lilly, being first duly sworn by Representative Carter, testi- 
, fied as follows : 

By Representative Carter: 

Q. ^Ir. Lilly, are you an allottee of the Yakima tribe ? — A. Yes, sir. 

Q. What part blood are you ? — A. Quarter. 

Q. You have been to school, of course ? — A. Yes, sir. 

Q. What school did you go to ? — A. Well, I was born and raised 
right here in the reservation; my father was the first white man ever 
on the reservation, and he always had a private school teacher for 
his children; there was six or seven of us in the family. 



YAKIMA INDIAN RESERVATION^ ETC. 159 

Q. You were educated by a governess or private school teacher ? — 
A. Yes, sir, until I believe I was about eight years old and my father 
sent me — we went to Portland, then we went to school there; we 
rented our land and that kept us up. 

Q. Did you go to the public schools there? — A. Y^es, sir; and then 
from there I went to business college and studied awhile there. 

Q. AVhere is your allotment ?^A. Just about a mile — just a mile 
from the depot north of the high school. 

Q. Does it have water on it? — A. Yes; my father put the first 
ditch that was ever put on this reservation. 

Q. Do you have all the water you need ?— A. Well, no, I do not; 
but then the ditch was built by my father for just our land that was 
allotted for his cliildren; of course there is other land under the ditch 
now, but my complaint I wanted to put in was, I have got a child 
and I got him allotted, and to tell the truth about the matter I am 
afraid to rent this land under the agent — the last two agents we have 
had. 

Q. What is the trouble ? Just talk frankly to us; we want to hear 
the full facts about it. — A, Well, this proposition I would be glad to 
have you see the papers; I have dealt with Mr. Y^oung; that was 
when I first made up to take my land back and farm my own ground, 
and I have been farming it now for years. 

Q. That is your own allotment? — A. That is my own allotment. 
I have farmed it for two years, but the Washington Nursery Co. has 
had it, and I made a Government lease; they forced me to rent 
through a Government lease, which I had to do, and I rented for a 
term of five years — term of three years with a privilege of two more; 
that made five years. 

Q. That is, the renter had the privilege? — A. Y'es; three years, 
or a privilege of two more, so he put it in nursery stock and the land 
was pretty foul when he got it and the reason I rented it to him I 
was not of age then. My mother rented it for us -Mr. Whorl was 
Government farmer at the time and they were to turn the land back 
to me in No. 1 condition, as I was going to farm it myself ; and their 
blanks that we have to hll out, you know, says "No subleasing nor 
anything like this and that"; this man, this Washington Nursery 
Co., subleased this ground at the end of the second year that he 
had it to a person by the name of Madden and Chandler. I have 
the affidavit to that. They took it and let it all grow up to cockle- 
burs ; there wasn't a square inch where they were not laying and they 
were standing higher than your head. As proof of that, 1 have the 
photos of the ranch, not in one place but all over. I took Mr. Phillips, 
the Government farmer, and he thought I ought to have damages; 
they were going to turn the farm back to me at the end of the third 
year; they did not want it. I was willing to accept. I wrote to 
Mr. Young in regard to the matter and it seems as though Mr. Y^oung 
was bought off and would not protect me as a ward of the Gov(u-n- 
ment. Yet he forced me to rent through the Government and would 
not protect me. He seen I was crowding him so heavy; he asked to be 
changed before I got my work in on him ; he got out of here. I don't 
know where he is now. ^ And then Mr. Carr came in and I asked him 
through my mother and witnesses if he would not look after the 
matter for me, and he said it was beyond his control now, that he could 
not do it. I said I have my papers and everything to show and I have 



160 YAKIMA INDIAN RESERVATION, ETC. 

got an attorsic}" to pay for this, and I says it seems funny you people 
force us wards of the Government to rent this way and uot protect 
us when we are unprotested the way they handle it. 

Q. You can not bring suit yourself ?— A. No, sir; only through the 
United States Government; I was told that, but I hatl to go to a law- 
yer, I am not educated enough. 

Senator Townsend. You have a patent to the land ^ 

A. Only a trust patent. I am not educated enough to go ahead 
and go right through and plead as some attorneys would, get up the 
writijigs and anything like that, and I wanted Mr. Shay to do this 
work for me. Mr. Young told around— not Mr. Young but Mr. Mc- 
Donald, told a number of them, he says, "Young Lilly has got him, 
got him good if he wants to push it, but I am going to offer him 
$25." and I have the proof to that effect that he said that, but it 
seems as though — whether they are allowed to do this or not — 
that the Washington Nursery Co. is an incorporation and McDonald 
will get out and rent the land and then the corporation will go his 
bond. 

Q. Who is McDonald?— A. McDonald is the man — he is President 
of the Washington Nursery Co.; he will go out and rent land and 
then Wiggins and the Nursery Co. will go his bond. 

Q. Now, what you want is the right to bring suit in your own name 
to try to recover damages for the condition your land was in? — 
A. I don't care now whether this is ever taken up or not; only I v/as 
just going to show that I have a child that has an allotment and I 
am afraid to rent through the man up here because it seems as though 
Mr. Young instead of representing and protecting the Avards of the 
Government, he is protecting the white owners. 

Q. Well, is Mr. Young here now ? — A. He was here at that time. 

Q. But is not here now? — A. No; but I know when a person gets 
fooled and stung hke that, gets stung that strong, and has cockleburs 
and stuff in his field like that, and ^Ir. McDonald would offer me 
nothing in any way, shape, or form except 125. 

Q. Wlmt would you Uke to do about it, Mr. Lilly ?— A. I believe 
I ought to have damages yet out of it some way. 

Q. Wliat do you want us to do ? — A, It has cost me to go ahead and 
take all them weeds off, and I pleaded with Mr. McDonald at the 
time, when the weeds were green, to get them off or let me go and do 
it. He said he would do it,'but never did do nothing; they got good 
and ripe. 

Q. What would be your request of us ? — A. Only what is a fair 
proposition— I can show you — I would rather just take the papers 
right from Young, and I can show you the writing I ]nit up to Young 
and the answers he gave me protecting this corporation. 

Q. Is Mr. Young still in the service, do you know ?— A. I guess he 
is. He was transferred from here, and I would just as soon show my 
papers because it is just like that. If he will do that kind of work 
here and he is still in the service, he will go out and do others. 

Q. Why don't you just take your patent in fee, Mr. Lilly? — A. 
Wliy don't I ? 

Q. Yes; and manage your own affairs. You are as competent as 
I am to manage mine ? — A. Well, I will tell you as far as that goes. 
If I had to deal with such people as those that have the land I guess 
I could do it better than the agent that was up there. 



YAKIMA INDIAN RESERVATION, ETC. 161 

Q. I would think tliat would be the sensible and l()2;ieal thing for 
you to do. — A. Well, 1 am not anxious for a patent until I have to 
have it. 

Q. You don't want to pay taxes? — A. That is the idea, and I 
won't rent through sucli foUvs as we have had u]) there again. I wiU 
take and rent the land myself and try to handle it all. 

(Witness excused.) 

STATEMENT OF JOHNNY JOHNSON. 

Johnny Johnson, being first duly sworn by Representative Carter, 
testified as follows : 

By Senator Townsend: 

Q. What is it you want to say to us, Mr. Johnson ? — A. Well, now, 
friends, I don't want to tell no stories at all to take up time, and one 
of the main points is just what I want to say — when our sawmill 
burned down in our reservation — we had a good sawmill and our 
sawmill was burned down by the white-men's carelessness to our 
sawmill. Now, you see, we haven't had no sawmill since, and here 
we talk about our timber — and our delegates went to Washington to 
find out about the 127,000 at Washington belonging to the Yakima 
Indians. That is from our ranch money — out of the ranch money, 
$9,000 belonged to the Yakima Indians, as Mr. Chief Waters and Mr. 
Tell went to Washington and brought a little shp back that there was 
that much money feft, and told me, "You have got $9,000 more 
belonging to this Inciian, Yakima. Now, you go back to your 
country and decide what you are going to do with that $9,000; what 
you waiit to do with that $9,000. Do just what you want. It is 
your money." Nov/, here they come back and hold council. He 
said, "When you go back to Yakima council, you hold council with 
your Indians as to what you are going to do with that $9,000." 
Some of our friends decided that he used this $9,000, used expenses, 
go to Washington to see about our water troubles and anything else. 
I said, "Now, here, friends, we have been talking about our timber. 
I say we want our timber, and what do we want our timber for? I 
say, we want our timber, use to saw timber, make lumber. Now, 
see here, a good many of us people here on the reservation have 
barns; it looked to be an awiul shame. Some of our people come in 
here and get an allotment and they live in tepees and while we have 
millions and thousands of timber in the mountains, and here is a 
little money we have got. It is very good chance for us to ask Gov- 
ernment why can't Government help us to put a little money of this 
$9,000, make use of that and build Indian sawmill; so they all agreed. 
They all say, "Yes, Mr. Johnson, you are right; that is right, we need 
sawmill, and there is lots more people could make good house that 
live in tepees, and there is lots of people got no furniture, and there 
is lots of people got no fence, and there is whole lot more allotments 
coming in has got to make good house. There is lots of children in 
the school. What are you going to do — we better have sawmill here 
so it will make our country improved, our homes, have good houses 
and have good barns. 

Q. Where would you have this sawmill located, Johnny?— A. 
Whv, have this sawmill located over there where we had it before. 



162 YAKIMA INDIAN EESERVATION, ETC. 

Q. Here near Toppenisli? — A. No; up by the fort. 

Q. Up in the forage where the timber is ? — A. Yes. 

Q. Whose timber would you cut ? — A. The timber belonging to the 
reservation; everybody — whoever cuts — well, now, this is the way 
we decided, whoever cuts and hires an Indian and he pays the Indian 
and that man cuts timber and makes lumber off the timber because 
it belongs to all the Indians. 

Whereupon the commission adjourned until 10 o'clock a. m., 
Wednesday, October 1, 1913, Fort Simcoe, Wash. 

WEDNESDAY, OCTOBER 1, 1913. 

Joint Commission to Investigate Indian Affairs, 

Yakima Indian Agency, Fort Simcoe, Wash. 

The commission met at 10 o'clock a. m., pursuant to the call of 
the chairman. 

The following members were present: Senator Charles E. Townsend 
and Representative Charles D. Carter. 

STATEMENT OF HARRY B. MILLER, CHIEF CLERK, YAKIMA 
AGENCY, FORT SIMCOE, WASH. 

Harry B. Miller, being first duly sworn by Senator Townsend, 
testified as f oUows : 

Examination by Senator Townsend: 

Q. What is your name ? — A. Harry B. Miller. 

Q. How old are you, Mr. Mller? — A. I was 28 years old July 25 
last. 

Q. What is your official position? — A. Clerk, Yakima Indian 
Agency, Fort Simcoe, Wash. 

Q. How long have you been in that position ? — A. I have filled this 
position since December 8, 1908. 

Q, With whom have you served ? — A. You mean here ? 

Q. Yes; here. — A. I have served under former Superintendent 
S. A. M. Young and the present superintendent, Mr. Don M. Carr. 

Q. Was Mr. Young superintendent when you came here? — A. No; 
he was not; he did not assume charge of this agency until January 
14, 1909. From the time I reported for duty here until January 14 
a special agent was in charge. 

Q. Who was that special agent ? — A. W. L. Miller. 

Q. Was he any relation of yours? — A, Yes, sir; he was an uncle 
of mine. 

Q. Wliere is your home — where was your home prior to coming 
here? — A. I had gained a legal residence — my last legal residence 

Erior to reportmg here was in Oklahoma, where I spent a year and a 
alf. 

Q. In what capacity there? — A. On May 6, 1907, I assumed the 
position of clerk for the Kiowa town-site commission which was 
appointed to dispose of six town sites in the Kiowa Comanche in 
southeast Oklahoma. I filled that position until about the last of 
August, 1908 — that position until August 28, 1908. On that date I 
entered on duty as assistant clerk at the Kiowa Indian Agency, Okla., 



YAKIMA INDIAN EESEEVATION, ETC. 163 

as a permanent appointee as a result of my liaving successfully passed 
a civil-service examination for departmental clerk. 

Q. What was your salary as assistant clerk there? — A. My salary 
there as assistant clerk was $720 per annum. 

Q. How long did you receive that salary? — A. As I recall, I drew 
this salary until I reported for duty at Yakima, which was December 
8 of the same year. 

Q. Wliat was your salary when you entered upon your work here ? — 
A. $1,000 per year. 

Q. How long did you continue to receive $1,000? — A. I received 
$1,000 per annum until May 1, 1909, as I recall now. The records 
will show that. I think that was the date. 

Q. Then was your salary increased ? — A. It was then mcreased to 
$1,200 per year. " 

Q. How long did you draw $1,200 a year? — A. I will have to do 
a little figuring 

Q. I don't care so much about its bemg accurate — simply in a 
certain year. — A. I think I can get it for you very accurately here. 
As I recall, I drew $1,200 per annum until July 1, 1910, when I was 
promoted to $1,300 per annum. 

Q. What is your salary now? — A. My present salary is $1,.500 per 
year. 

Q. When did you commence to draw that salary ? — A. On or about 
August, 1911, my salary was increased to $1,400 per annum, and in 
March, I believe, of 1913, it was increased to $1,500, as I understand, 
upon the recommendation of Supt. Carr, who, however, had recom- 
mended in July, 1912, that my salary be made $1,600 per annum. 

Q. What are your duties as clerk, Mr. Miller, in a general way ? — 
A. My duties since assumino- my present position at this agency in 
general have been that of chief clerk. I have always been placed in 
charge during the absence of the superintendent, when all matters 
of policy which should properly be disposed of without his personal 
attention were acted upon by myself. 

My work directly has been in connection with the financial phase of 
the work, including the official cash account and the individual bank 
account, as well as supervising to an extent various other lines of 
clerical work. 

During two or three years of the time our work was very heavy, 
and during which time we were receiving numerous applications for 
enrollment from various Indians, and I conducted practically all of 
these examinations, taldng the testimony and affidavits from the 
appUcants and preparing them for submission to the council com- 
posed of members of the Yakima tribe. 

Q. Now, in relation to the enrollment matters to which you have 
referred, do you pass upon the ehgibility of the applicants for enroll- 
ment? — A. No, sir; I did not. I merely took the testimony, pre- 
pared the affidavits, took the acknowledgments in most of the cases 
of the applicants, as I was a notary public, and then conferred 
with the superintendent in regard to tliem, either before or after the 
date of the tribal council. 

Q. Do your duties take you away from this office very much? — 
A. Very little. 

Q. Are you familiar with the reservation generally? — A. Yes, sir; 
I would consider that I am, considering that I had been on the reser- 



164 YAKIMA INDIAN EESEEVATION, ETC. 

vation for five years and have necessarily kept in very close touch 
with all phases of the work. 

Q. Are you familiar with the locations of the lands on the reserva- 
tion? — A. Generally so; yes, sir. 

Q. Are you acquainted with many of the Indians personally ? — A. 
I would consider that I am personally acquainted with a very large 
majoritv of the enrollment. 

Q. Are you acquainted with the business men near the reservation, 
for instance, in North Yakima and other places tributary or adjacent 
to the reservation? — A. Yes, sir; I am, necessarily, on account of 
having transacted business in behalf of the agency with the general 
public as well as the Indians for the past five years. 

Q. Where do you keep the funds of the individual Indians ?— A. 
We have individual Indian funds deposited at the present time in the 
First National Bank at Sunnyside, Wash., American National Bank 
of Pendleton, Oreg., the First'National Bank of Ritzville, Wash., and 
the Pioneer National Bank of Ritzville, Wash., as well as the Indian 
moneys to the official credits of the superintendent which are carried 
in the First National Bank of North Yakima. 

Q. Do vou handle the money itself or any part of it ?— A. You mean 
the actual cash ? 

Q, Yes. — A. No, sir; if I understand the question, I do not. All 
of our business is transacted by some form of exchange, and it merely 
passes through my hands in going for deposit. 

Q. The actual money comes into your hands personally here, does 
it not, and you deposit it ? — A. Not in actual cash. It is in some 
form of exchange, checks or drafts, or something hke that. No 
cash whatever. We do not carry any cash on our books at all. 
We do not keep official cash on hand, unless it is, maybe, a small 
amount of cash at the close of a quarter, that you have cofiected 
from the sales of suppfies or something to the employees, but the 
question as I understand you was the funds that belong to the indi- 
vidual Indians? 

Q. Yes; you are familiar with the lands that are sold belongmg 
to the estate of Indians, are you, generally? — A. Yes, sir; I would 
consider that I am. 

Q. You know something of the value of those lands? — A. I 
naturally v/ould be familiar with the valuations of lands on the 
various portions of the reservation, having been here for the period 
hereinbefore stated. 

Q. Are you called upon at any time to appraise those lands? 
Is that a part of your duty at any time?— A. No, sir; it never has 
been my regular duty to appraise lands. As I recall at one time I 
was asked by former Suj^erintendent Young in regard to a tract of 
land and as I remember it I placed the appraisement, but this is the 
only case I have any recollection of. 

Q. What is your method of appraising lands which are to be 
sold ?— A. The 'lease clerk who has charge of the land sales and 
lease sales and who prepares ah papers in connectton with those 
phases of the work, prepares the regular blanks provided for that 
purpose and either mails them out to the district farmers or hands 
them to the superintendent should he prefer to make the appraise- 
ments himself. After which and before the required time the ap- 
praisements are made and if made by the farmers are made to the 



YAKIMA INDIAN RESERVATION, ETC. 165 

agency, held by the lease clerk and as I recall under foimer Super- 
intendent Young were alwa^^s sealed and placed in the vault or safe 
until after the bids weie opened on the day of the sale. Tliis of 
course applies to the time when the former I'cgulations were in 
effect when appraisements were not published. 

Q. They are now published, are they not? — A. They aie and 
have been as I recall since November, 1910. 

Q. From your knowledge, what can you say as to whether the 
sales are less or whether they exceed the appraisal value put upon 
them — that is, whether the sales are greater or less — the amount of 
the sales greater or less than the appraised value that the superin- 
tendent or farmer puts upon the tract? — A. The sale values are 
always necessarily greater than the appraised value, as no lands 
are sold for less than the appraisement. 

Q. That is another way of answering my question. What I was 
getting at, that no sale is made unless it equals the appraised value. — 
A. That is correct; yes, sir. 

Q. Then, do the}^ generally exceed the appraised value ? — A. Yes, 
sir; and usually to a considerable extent. As I recall, there have 
been very few cases where the sale value was only slightly greater 
than the appraisement. 

Q. You don't know probabl}" what actuates the appraiser, the 
superintendent or farmer in placing a lower value on the tract than 
it IS actually worth as shown by the sale. — A. I do not; no, sir. In 
this connection I wish to state that it has alw^ays been considered a 
difficult matter to appraise lands on this reservation, due to the 
high speculative spirit which prevailed for several years, and to the 
further fact that there is such a great variety of land on the various 
sections of the reservation and within a comparatively small area. 
It might be stated here that w^e had bids made on lands from parties 
who had never been on or near the reservation, and as a result their 
bids were "wild," namely, decidedly low or decidedly high. I 
remember at different times during the times when the appraisements 
w^ere not published that there would be bids ranging from 50 per 
cent of the appraised value to 150 per cent thereof. 

Q. Has that difference prevailed since the appraisals were made 
public? — A. No, sir; necessarily not, for the reason it v\-as stated in 
the advertisement that no bids would be considered at less than 
the appraised value. As I recall, there was no difference noted in 
the amount that the bids would exceed the appraised value, however. 

Q. Can you state from your experience whether a better price, 
measured by the appraised value, was obtained under the old system 
than is now obtained ? — A. It would not be fair to make such a com- 
parison here, for the reason that all lands in this general locality have 
decreased in value decidedly since about the time or soon after the 
time that the new regulations went into effect. Therefore I would 
not consider that a fair comparison could be made. 

Q. Well, that might be; but will you state the facts whether or no 
a larger price was obtained at the time that the appraised values were 
secret — held in secret — than is now being obtained when the appraisals 
are made pubUc ? — A. Yes, sir; the lands which sold during the time 
the appraisements were not made public were much higher than those 
obtained since that time. 



166 YAKIMA INDIAN RESERVATION^ ETC. 

Q. Were they generally much higher than the appraised value ? — 
A. As I recall, they were often much higher. 

Q. Are they now much higher than the appraised value as a rule ? — 
A. At times, as I recall; yes, sir. 

Q. But generally under the latter rule are not the prices approxi- 
mately what the appraised value is? — A. No, sir; I do not under- 
stand that they have been. It should be understood, however, that 
the number of sales have been very few during the past year or so, 
which covers a large part of the time since the new regulations went 
into effect. 

Q. Is there any advantage to the purchaser to know what the 
appraised value is? — A. I don't know how the purchasers look at 
this question. It would undoubtedly prevent some bids being sub- 
mitted should the prospective purchaser not be willing to pay the 
amount of the appraisement, whereas under the former rule he would 
have submitted that bid anyway. 

Q. Is it customary, so far as you know, for employees of the Gov- 
ernment service to deal in Indian lands ? — A. No, sir; I do not know 
that it is customary. 

Q. Do you know of any cases where the employees of the Indian 
Service have dealt in Indian lands ? — A. Yes, sir. 

Q. You have dealt in them yourself, haven't you, Mr. Miller?— 
A. Yes, sir; I have. 

Q. Do you know of any other cases? — A. No, sir; I don't have 
exact knowledge of any other cases. 

Q. When was the first time that you had any transaction in refer- 
ence to Indian lands which was })ersonal to yourself ? — A. It was in 
the fall of 1909 and on the day following a sale of Indian lands at the 
agency. I am not positive as to date, but as I recall the sale was on 
December 20 and my transaction was on December 21. However,, 
should I not be correct in these dates, I wish it understood that my 
transaction was the day following the date of the sale. 

Q. Very well. What was your transaction, Mr. Miller ? — A. I was 
in Toppenish on December 20, as I recall (see answer above), and 
drove into the country west from Toppenish and looked at two or 
three tracts of land which were advertised for sale on that date. 
Among them being a 40-acre allotment of Joe Polly wacka, which was 
the only tract that interested me, and upon my return to Toj^penish 
that evening I telephoned the agency and inquired the result of the 
land sale on that clay, and upon receipt of that information I observed 
that the said PoUywacka tract had been purchased by one A. J. 
Rohrer, then a resident of Wapato, Wash. 

On the following day, and as I recall, December 21, I drove to 
Wapato on my way home to the agency and called upon Rohrer and 
advanced the question of my purchasing this tract of land from him. 
I offered him several hundred dollars in advance of his purchase 
price 

Q. Do you remember wiiat the purchase price was? — A. As I 
recall, it v/as $2,704. 

Q. Do you remember what the appraised value of that piece of 
land was ? — A. I do not. 

Q. How much more than $2,704 did you offer him? — A. I don't 
recall exactly; all I remember is it v/as a few hundred dollars in 
advance. 



YAKIMA INDIAN EESERVATION, ETC. 167 

Q. Very well; go ahead; go on from there. — A. Mr. Rohrer stated 
to me that there was another ]:>arty whose name 1 have never learned 
in the purchase, and that he would confer with him and let me know 
later, which closed our conversation, and I returned to the agency. 

Later he advised me that he would he willing to return the tract 
to me and that he would not add any additional payment ])roviding 
I took it off his hands soon, thus not requiring the use of liis money 
for any considerahle time. 

I agreed to this, and in due time the necessary papers were exe- 
cuted, and I had the funds dehvered to him. 

Q. Do you have any means or any income from any source aside 
from your salary ? — A. I do not, except a very small amount of 
interest from some small savings that I have at this time. 

Q. Which sa\dngs you have made out of your salary? — A. Yes, 
sir; with the exception of an interest in a small feed business which 
I owned in Iowa for one year, having sold the same in June, 1913. 
However, this was only purchased during the summer of 1912. 

Q. And you purchased that from your salary, did you? — A. I did; 
ves. sir. 

Q. Had you been acquainted with llohrer prior to this date? — 
A. I had met Mr. Rohrer when he would be at the agency occasion- 
ally. I was not extremely well acquainted with him, but had met 
him. 

Q. He is a white man ? — A. Yes, sir. 

Q. What would be his business in the agency ? — A. In those days 
there was considerable land being sold, and it was the custom of the 
prospective purchasers throughout the valley to come to the agency 
on the day of the sale and be present whenever the bids were opened; 
generally so. 

Q. Was Mr. Rohrer in the habit of deahng in Indian lands ? — A. 
Yes, sir; he was in the general real-estate business in Wapato. 

Q. And he dealt somewhat extensively in Indian lands? — A. I 
would not say extensively. I would not r<>call exactly whether he 
bought many tracts or not, but I know he bought lands at times. 

Q. At this sale, when thi^ PoUywaka tract was sold, did Mr. Rohrer 
buy any other lands than the Pollywaka tract? — A. I don't recall. 

Q. Had you had any talk witli Mr. Rohrer prior to the sale of this 
land in reference to that tract? — A. No, sir; I had not. 

Q. Had you or he discussed either verbally or corresponded through 
the mail with reference to the transaction prior to that day? — A. 
No, sir; I had not. 

Q. Was Mr. Rohrer under any obligations to you for any favors 
you liad rendered him? — A. No, sir; absolutely none. 

Q. How do you account for his bidding in this piece of land and 
then selling it to you for exactly the same price he did when he could 
have received an additional sum from you if lie had wanted it? — A. 
I can not exactly account for liis action. I was at that time young, 
inexperienced in the service, and he may have thought that he would, 
on account of this action, endeavor to gain favor in the future. This, 
however, never occurred to me at the time and did not until several 
years after when I became more experienced in business in the service. 

Q. Were you in a position to grant favors? — A. I would not con- 
sider that I was, as my position was tliat of a subordinate at the agency 
35601— PT 2—14 7 



168 YAKIMA INDIAN RESEBVATION, ETC. 

and in matters of importance by wliich be could have benefited would 
properly and necessarily have gone through the superintendent. 

Q. At that time the appraisments were not made pubhc, were 
they? — A. No, sir; they were not. 

Q. Would you have been in a position to have told him what the 
appraised value of the Indian lands were? — A. I would not have 
been in such a position; no, sir; as I never saw the appraisments 
prior to the opening thereof; after the bids had been opened on the 
day of the sale, of course 

Q. Do you know whether Rohrer was famiUar with this piece of 
land or not, this Pollywaka tract? — A. I do not. Of course I sup- 

Eose he hacl seen the tract piior to the time he bid on it as he was 
ving on the reservation and would naturally not place a bid upon 
land unless he had seen it. But I have no knowledge of this one 
way or the other. 

Q. Were there any other bids at the sale of this land than the Roh- 
rer bid?-r-A. As I recall there wore six or eight bids. 

Q. And Rohrer's was the liighest bid? — A. Yes, sir; necessarily so, 
or this land would not have been sold to him. 

Q. You own that tract of land now? — A. No, sir; I do not. 

Q. What did you do with it?— A. In March, IPIO, I had the land 
cleared of sage brush, plowed, leveled, properly ditched for irrigation, 
fenced, seeded to grain and alfalfa, and later in the season sold the 
same. 

Q. What did you receive for it? — A. I received $140 per acre or 
$6,600 wdth a cash payment of $2,500 and with $3,100 rrpre& ntcd 
by deferred payments, namely $600 due in one year, $1,250 du-> in 
two years and a note of $1,250 due in three years. As I recall I 
believe this is correct. 

Q. By the way, was the Rohrer bid a cash bid? — A. Yes, sir; it 
was. 

Q. Did you pay cash for the land? — A. I sent east to Iowa for aU 
the money which I had saved during my lifetime up to that time, 
wliich was approximately $2,000, this having all been saved by work- 
ing on a salary. I then borrowed $700 and paid cash for the land. 

Q. What was the next transactions that you had in relation to 
Indian land? — A. The same question of dates comes up there. 

Q. WeU, the record shows those bids were opened on March 20, 
1911, at the time the Martin tract was sold. — A. I don't recall the 
exact date. 

(Question read.)— A. On March 20, 1911, W. L. Powell of North 
Yakima, Wash., purchased 40 acres of the James Martin allotment 
situate in the eastern part of the reservation and a few days there- 
after, as I recall, March 23 — no March 22, I believe — I went to 
Toppenish, there secured a team and drove to the location of the 
land in question and carefully inspected the same, returning to Top- 
penish, and the following morning went to North Yakima, where I 
called upon Mr. Powell and advanced the question of purchasing this 
tract of land from him, and after considerable deliberation he agreed 
to sell me the tract in question at the same price which he had paid 
therefor, stating that he had sufficient land to supply his eastern 
customers and for the further reason that he would have his money 
in the land only a short time. 



YAKIMA INDIAN RESERVATION, ETC. 169 

Q. What was Powell's biisiiioss ( — A. He has been dealing in land 
generally, as I understand, for a good many years, prior to which 
time he was in Alaska. 

Q. You are well acquainted with liim ? — A. Yes, sir. 

Q. And were at the time you made this transaction ? — A. ^'es, sir. 

Q. Had you had any business relations with him prior to this ? — A. 
No, sir. 

Q. Had he ever accommodated you in any way with money or 
anything else ? — A. No, sir. 

Q. ^'ou never had borrowed any money of him? — A. No, sir; I 
never borrowed any monej^ from him. At one time, when I sold the 
said Polh'waka tract of land hereinbefore referred to, he cooperated 
with the party to whom I sold the same and forwarded their contract 
to me mth a sum of money which applied on the sale, and I don't 
know whether this was all his personal money or whether a part of it 
was and the rest was from the purchaser, as he handled that at that 
end of the hue; but I received the money, however, to apply in that 
sale, and I was anxious to receive that as early as possible after the 
sale of the land in order that I might take up my note for $700 here- 
inbefore referred to. 

Q. That payment to which you refer now was in excess of the 
amount due on the tract at that time, was it? — A. No, sir; I don't 
recall that it was. As I remember it included the first payment; 
that is the way I remem])er the case. 

Q. You are not clear now as to whether there was not more money 
paid to you at that time than was actually due on the contract ? — A. 
The circumstances as I recall are that the contract that was executed 
was to be effective only until the sale was approved by the Govern- 
ment, at which time a deed was to be executed and then the full pay- 
ment of twenty-five hundred hereinbefore referred to was to be paid. 

Q. Did you sell that land on a contract before j^ou actually received 
a deed? — A. No, sir; a deed had been executed to him and placed in 
escrow, but the same was not delivered to him until the sale was 
approved by the Government. 

Q. Was the land first deeded or a patent first issued to Rohrer on 
that piece of ground ? — A. Yes, sir. 

Q. And that was recorded, was it? — A. Yes, sir; as I recall it was. 

Q. Rohrer paid the money for it? — A. I presume so, I don't 
recall. 

Q. Then Rolirer gave a deed to you and placed it in escrow?— 
A. Mr. Rohrer executed a deed in my favor and placed it in escrow. 

Q. And you had paid him for the land when tnat was done ? — A. 
Yes, sir. 

Q. Now tell me whether Mr. Powell at this sale m 1911, this land 
sale, purchased any other lands than the Martin tract. — A. I don't 
recall as to this point; the records show for themselves. 

Q. Do you know whether he was buying Indian lands when sales 
did occur? — A. Yes, sir; he did at different times. 

Q. Quite extensively? — A. Yes; I would consider so. 

Q. Do you know why he sold this tract of land to you for the same 
price that he paid? — A. I don't know exactly, no, sir; only the state- 
ment he made to me at the time which I have quoted hereinbefore 
relative to his eastern purchasers, and only having his money invested 
a short time. 



170 ■ YAKIMA INDIAN EESERVATION, ETC. 

Q. Well, he was not making anything on that investment at all, 
was he? — A. No, sir. 

Q. Had 3^ou had any talk or correspondence or any talk or under- 
standing with Mr. Powell prior to that sale in March, 1911, to the 
effect that you were to take this land from him? — A. No, sir; I did 
not. 

Q. You never had discussed it with him or had any understanding 
with him prior to that date? — A. No, sir; I had not. 

Q. You were familiar with the tract of land?- -A. Prior to tjiesale 
you mean ? 

Q. Yes. -A. No, sir; only in a general v/ay as I knew the general 
locality in which it was located. 

Q. You had driven out that day? — A. But I inspected the par- 
ticular tract the day prior to the time 1 called on him at North 
Yakima, whicli, how^ever, was all subsequent to the date of the sale 
and after knowing that he had been the successful purchaser. 

Q. Do you know what that land was appraised at ? — A. No, sir; I 
don't recall. 

Q. Do you remember wliat Powell bidded it in for ?- A. As I 
recall it was S2,800. 

Q. And that was the amount you paid ? — A. Yes, sir. 

Q. Were there any other bids for that tract of land ? — A. Yes, sir; 
as I recall there was one other bid. 

Q. Do you remember wliat that was ? — A. No, sir; I don't. 

Q. Was it considerably less than the Powell bid? — A. I don't 
remember. 

Q. You know who bid ? Who maoe tJie other bid ? — A. I know at 
this time. 

Q. Who was it? — A. As the matter was called up a few days ago 
and the records were consulted-- at that time I did not recall who the 
party was and did not know tlie party in c[uestion. 

Q. Who was the party ?— A. It was a Mr. Brittain. 

Q. Were you acquainted with him ? - A. No, sir. 

Q. Wliere did he live ? — A. As I recall his post-ofhce address as 
shown by the land-sale card when it was reviewed a few days ago was 
Toppenish . 

Q. Do you know whether tJxere was any understanding between 
him and Powell with reference to these bids? — A. I do not; no sir. 

Q. Did you have any understanding with either of them ? — A. I 
did not; no, sir. 

Q. Did you indirectly, through anybody else, have any or make 
any arrangement with these people? — A. No, sir; I did not. 

Q. What did you do with this piece of land ? — A. I still own this 
tract of land. 

Q. Have you improved it any ? — A. No, sir; I have not been finan- 
cially in a position to do so. 

Q. What improvements are there on this piece? — A. Absolutely 
none. 

Q. It is just sagebrush? — A. Yes, sir; there is no fence around it. 
I say absolutely none; this is correct; this piece of land I do not con- 
sider is worth as much to-day as when I bought it, as all lands in this 
locality have depreciated in value. 

Q. Did you pay cash for that? — A. No, sir; it was bought on the 
deferred-payment plan, one-fourth cash and the other three-fourths in 
three equal payments at the end of one, two, and three years. 



YAKIMA INDIAN RESERVATION, ETC. 171 

Q. Was a deed issued to Powell for this piece of land or a patent ? — 
A. No, sir; a memorandum of sale was issued, approved by the Sec- 
retary, which is authority for title until such a time as he completes all 
the payments to the Government and the patent in fee is issued. 

Q. Did you make the payments through Powell ?— A. I bought the 
land from Mr. Powell, and made the payments to him, as were agreed 
upon between himself and I. 

Q. Which went to the Government ?— A. What is the question ? 

Q. These payments went to the Government or to the department 
for the ])enefit of the Indians ?— A. Mr. Powell has made the payments 
from time to time when called upon by the Government; yes, sir. 

Q. And you have made the payments to Powell? — A. Yes, sir; I 
have fulfilled my agreement with Mr. Powell. 

Q. You turned this money over to Powell and Powell pays accord- 
ing to the contract of sale with the Government ? — A. I have made 
the payments from time to time as agreed between Mr. Powell and I 
to be made and, as stated above, he has made the payments to the 
Government as required by the notes and other papers which he signed 
for the Government. 

Q. And he has received nothing and is receiving nothing himself for 
all of this trouble which he is being put to in the completion of this 
transaction ? — A. No, sir; at least he has never asked me for anything 
to date. I will no doubt when the sale is completed offer to pay him 
for his services. 

Q. Have you any understanding with him to that effect ? — A. No, 
sir; absolutely none; it has never been mentioned. 

Q. Have you had any other transactions with him aside from mat- 
ters in relation to Indian affairs? — A. No, sir; I have not. 

Q. Never borrowed any money from him? — A. No, sir; the only 
transaction relative to money was that hereinbefore referred to. 

Q. You never have loaned him any money ? — A. No, sir; I have not. 

Q. Have you ever performed any services for him of any kind ? — 
A. No, sir; I have not. 

Q. Has he ever asked you to perform any services for him? — A. 
No, sir. 

Q. Has he ever asked you for any information with reference to 
Indian affairs?— A. Nothing, except that which could be properly 
and legally furnished w^hen he was transacting business with the 
agency. 

Q. Well, did you have any other transaction with reference to 
Indian matters with Mr. Powell aside from the Martin matter ? — A. 
No, sir; I did not. 

Q. You are positive that that covers all of the transactions you 
have had with him ? — A. Yes. 

Q. Well, have you had any transactions with any other person 
aside from the Rohrer and Powell matters ?— A. Tlie question of dates 
comes in there again. 

Q. Well, you can answer yes or no to that question ; have you had 
any transaction ? — A. Yes, sir; I have. 

Q. With whom?— A. With one R. B. Brown, of North Yakima, 
Wash. 

Q. What is his business ?— A. That of a nursery man and farmer 

Q. On the reservation ? He conducts his business on the reserva- 
tion ?— A. Yes, sir, both on the reservation and elsewdiere, as I under- 
stand. 



172 YAKIMA INDIAN RESERVATION, ETC. 

Q. Has he bought lands at the Indian sales? — A. Yes, sir; he has 
purchased Indian lands at diflferent times during the last five years. 

Q. About how many transactions has he had, if vou recall ? — ^A. 
Well 

Q. About? — A. I don't recall; I remember that he was owning 
land and hving on the reservation when I came here, and I only 
recall his having bought three tracts at Government sales in the last 
five years. 

Q. Well, what was your transaction with liim; did you have more 
than one? — A. Yes, sir; I had two. 

Q. Describe the first one? — A. In the spring of, I think, that was 
1911. 

Q. Well, go ahead and we will fix that date. Never mind we wiU 
strike out when it was; what was it? — A. Mr. Brown was improving 
a larger area of land which he owns north of White Swan on the res- 
ervation and had purchased a tract known as the Epas-Susana-Edian 
allotment. He complained to me of being short of funds to carry on 
his proposed improvement and applied to me to borrow some money, 
which I stated I could not do as I was not in the habit of loaning 
money, and furthermore I would not be justified in removing the miall 
amount of money which I had in the bank on savings account for the 
difference in interest. 

I stated, however, that if he would consider allowing me an interest 
in said tract of land which he had purchased a short time prior thereto 
I would consider making the funds available. And after considerable 
consideration he stated he would do so, and he executed two contracts, 
one never having been signed wliile the other was signed, and I deUv- 
ered to him, as I recall, approximately twelve hundred dollars. 

Some time afterward he came to me and stated that he was consid- 
ering selhng all of Ms interests in that vicinity and would prefer not to 
carry out the agreement in question, wliich provided that the 
land should be mproved and placed to orchard and cared for for a 
period of four years, at which time he would deed to me a half interest 
therein. 

It was then agreed verbally between us that the contract in question 
would be considered null and void and canceled, and he specifically 
instructed me to destroy the same which was in my possession, but I 
failed to do tins. 

It was further agreed between us verbally that he could retain the 
money I had delivered to him for use in connection with his improve- 
ment and he should sell the land and would allow me one-half the 
profit for and in consideration of the use of the money I had so 
delivered. 

This was all verbally, and the matter stood thus. Later in the 
same year he sold the land and returned to me the money I had 
loaned with one-half of the profits, I suppose. I only had his word 
in the matter, but did not question it, and consider that he treated 
me fair in the matter. 

Q. What was your half of that excess? — A. As I recall, it was 
approximately $955. 

Q. How long had he had the SI, 200 ? — A. He had received it some 
time in the spring and subsequent to the time he bought the land in 
question; I don't remember the exact date, and it was some time 



YAKIMA INDIAN RESERVATION, ETC, 173 

(luring the fall when the funds were delivered; I don't recall the 
exact date. 

Q. So that you received S900 for the use of the $1,200 fi-oni spring 
until fall some time? — A. Yes, sir; I did. 

Q. S975. Did you have any note or other evidence of security 
from Mr. Brown for this money you let him have? — A. Absohitely 
none; no, sir. It was entirely a verbal arrangement, as hereinbefore 
stated. 

Q. Are you in the habit of loaning money without taking any evi- 
dence of indebtedness ? — A. No, sir; ordinarily I would not be, but 
I thoroughly trusted Mr. Brown, and the facts are as above stated, 
exactly. 

Q. How long after Brown bought the Indian land did this transac- 
tion occui- between you and Mr. Brown? — A. As I recall, it was not 
a great while, but I "don't remember exactly. 

Q. Within a few days, was it not, when you did this? — A. No; as 
I recall, it was a few weeks. 

Q. Had Brown })aid for the land ? — A. As 1 recall, this was a de- 
ferred payment sale— one-half cash — and whether he had made the 
remainder of the initial payment in excess of the amount that would 
be required to be deposited with the bid I don't know. I never have 
known in regard to that. 

Q. You don't know whether your $1,200 went toward the first 
payment on that land or not ? — A. I do not; no, sir. 

Q. Did you have any understanding with Mr. Brown prior to the 
sale in reference to this matter? — A. No, sir; I did not. 

Q. You had no agreement with, written or implied, with Mr. 
Brown to the effect that you were to have an interest in that piece 
of land ? — A. No, sir; I did not. 

Q. Do you know Brown intimately and well? — A. I would con- 
sider that I do, as I met liim soon after I came to the reservation 
five years ago. 

Q. Visit at his home, do you? — A. Yes, sir; I have. 

Q. How many times ? — A. I don't remember the number of times 
I have visited at his home. I don't know how to express it 

Q. Several times, have you? — A. Yes; several times. 

Q. Has he visited at your home ? — A. He has eaten in my home 
once only and took dinner with me at one time at the club, as I 
recall. 

Q. The club here ? — A. At the boarding club at Fort Simcoe. 

Q. Did you ever have any transaction with him — I may have 
asked you this question — outside of Indian affairs— matters con- 
nected with Indian affairs? — A. Yes, sir, to a certain extent; we 
considered at one time the question of buying some property in the 
town of Pasco, Wash., and as I recall he went and looked at the 
lots. It was the understanding that if the investment was made 
that we should both hold an interest therein, but this transaction 
never terminated. 

Q. Was that prior to or subsequent to this transaction in reference 
to the Indian land? — A. It was subsequent, I think. 

Q. Did you have any understanding with Mr. Brown to the effect 
that in his real estate deal or in any of them you were to share with 
him in the profits outside of this one that you have mentioned in 
reference to the sale of the Indian allotment ?— A. Just a moment 



174 YAKIMA INDIAN EESEEVATION, ETC. 

now, you mean outside of the reservation now or on the reservation 
or do you mean in general? 

Q. I mean outside of the reservation. — A. No, sir, I did not have 
any such arrangement with Mr. Brown. 

Q. Well, did you have any with reference to the Indian reserva- 
tion? — A. My other question probably fronted that; of course, you 
know — don't put this in 

Q. You had better put this in as it explains his answer. 

(Question read.) 

A. No, sir, I had no such arrangement with Mr. Brown. I became 
interested with him in anotlier transaction pertaining to the purchase 
of some land. 

Q. Tell us about tliat. — A. In the fall — would you mind referring 
to that ? 

Q. The first transaction — this other transaction witli Brown was in 
April, 1911 ?— A. The other was in the fall, I think. 

Q. This last one was in the fall; that is near enough, go ahead. — 
A. In the fall of 1911 Mr. Brown purchased 40 acres of the allotment 
of one Sarah Amby from the Government for a considerarion as I 
recall of three thousand and a few dollars, he being one among six 
or eight bidders. 

Q. Being the higiiest of six or eight bidders, was he ? — A. He being 
the highest. 

Q. Go ahead. — A. Subsequent to the time that you purchased this 
land I called upon him at Nortli Yakima and advanced — took up the 
question of the purcliase of an interest in said land upon some terms 
whicli would justify us in tlioroughly improving the same, planting 
it to orchard, bearing all expenses in connection therewith. And 
taking care of the same for a period of four years. 

Q. He bearing all the expenses, you mean? — A. Yes; he bearing 
all the expense — at which time he would give me a half interest 
therein. 

After discussing the matter at length it was finally agreed between 
us that he would enter into such an agreement for and in considera- 
tion that I would reimburse him with the funds which he would be 
required to pay the Government as the purchase price thereof, namely, 
one-fourth thereof at that time; the remainder, three-fourths, in 
three equal payments at the end of the second, third, and fourth years. 
He, however, "to produce a receipt from the Governmejit for the 
payment which he had made before I would be obhged to make 
the payment to him. He executed a contract carrying these terms, 
with the pro\asion, as hereinbefore stated, that after the expiration 
of four years he would deed me my choice of 20 acres of the tract, 
which at that tin~:c would be in 4-year-old orchard. The matter so 
stands to-day. 

Q. Now, let me see if I understand this. This piece of land to 
which you have referred was bid in at the sale of Indian land by 
Mr. Brown ? — A. Yes, sir. 

Q. For some three thousand odd dollars ? — A. Yes, sir. 

Q. Now, you made an arrangement with Mr. Brown whereby you 
were to advance the purchase price, which he had agreed to pay as 
the pavments became due ?— A. No, sir; you don't understand it 
exactly as it is. He was to make said payments himself as they 
became due, after which he would produce a receipt therefor to me. 



YAKIMA INDIAN" RESERVATION, ETC. 175 

Q. Yovi required him to furnish a receipt ( — A. Yes, sir; this is 
provided in our contract. 

Q. That is, you did not see fit to take his word for that; you 
wanted him to furnish the receipt before you paid him the money?— 
A. As far as I was concerned, personally m3^self, I would have been 
perfectly willinp; to have taken his word; but that wouldn't be a 
business proposition, and the conditions of it have been such that 
the matter would have to have been settled up in connection with 
other matters of my estate, or I would have transferred my interest 
to other parties. I considered it would have been only a matter of 
business that the matter be drawn up in legal form. 

Q, Don't you think that also would have applied to the other 
transaction when you let him have the money without any scrap of 
evidence of indebtedness at all? — A. Perhaps so; yes, sir; but I did 
not anticipate at that time, from statements he made to me, that it 
would be any great length of time before the money would be re- 
turned, while in the other case it was a matter of a period of four 
years. 

Q. Well, now, reverting back to this last transaction again, you 
were to make the payments for this last sale of land to Brown ? — 
A. Yes, sir; I was. 

Q. But in the end, or at the end of four years, you were to have 
half of the 40, and he half? — A. Yes, sir. 

Q. What was he to do for the 20 acres which he was to receive of 
this land ? — A. He was to clear the land, which was all sage brush, 
plow and properly level the same, ditch it for irrigation, build a 
rabbit-proof, woven- wire fence around the same; plant it to the best 
varieties of commercial apples, with pear trees as fillere, and take 
care of same for a period of four years, bearing all the expense in con- 
nection with the improvements last mentioned. 

Q. Have you paicl for this land now ? — A. I have paid Mr. Brown 
all the funds as provided for in our contract, which is, namely, one- 
fourth of the purchase price. 

Q. So you owe him still three-fourths of the purchase price? — A. 
Yes, sir; I do. 

Q. Had you had any understanding with Brown, with reference to 
this transaction, prior to his purchasing this at the i^ublic sale? — A. 
No, sir; I had not. 

Q. How soon after his purchase was your agreement with him 
made? — A. As I recall, it was a week or 10 days, or perhaps longer; 
I don't remember exactly, but I do recall that I was desirous of seeing 
him as soon as practicable after I observed that he was the purchaser, 
since I knew generally where the land was located, and considered 
that it would make good orchard property, and knowing that he dealt 
in lands, thought perhaps he might dispose of it before I had an 
opportunity of seeing him. 

Q. Is Mr. Brown a man of means? — A. I would consider that he 
is worth considerable; yes, sir. 

Q. Can you see any reason why he would bid in a piece of land for 
three thousand and odd dollars, he being a man of means, and then 
turning it over to you for exactly what he paid for it, and he devel- 
oping thereafter, the land for four years, and retaining only one-half 
of it ? — A. Well, this would be considered by a man experienced in 
the orchard business to be a good financial investment for him, since 



176 YAKIMA INDIAN RESERVATION, ETC. 

he was in the nursery business, and owned other land in close prox- 
imity to the land in question, which would permit of his developing 
and improving the same at a minimum cost. 

Q. You think that piece of land was sold for all it was worth at 
the time of the public sale? — A. Yes, sir; I do. As I recall, there 
was strong competition and that this tract sold higher, relatively, 
than many other tracts of land in that section of the reservation. 

Q. Did you have any other transaction in reference to Indian lands 
with Mr. Brown ?^ — ^No, I did not. 

Q. Have you had any with anybody else I — A. No, sir. 

Q. Those four transactions comprehend all of the transactions you 
have had personal to yourself in reference to Indian lands % — A. Just 
a moment before I give my answer^ — I own a Uttle lot down in the 
town of Toppenish. I asked Mr. Linnen if he wanted that and he 
said he did not; he said no, don't include it. 

Q. That was not within the reservation ? — A. That was a lot in the 
town of Toppenish which was within the reservation originally. 

Q. Of whom did you purchase that lot I — A. I purchased a lot in 
the town of Toppenish from the H. M. Gilbert Ileal Estate firm. 

Q. About when did you do that ? — A, As I recall it was the sum- 
mer of 1910. 

Q. What did you pay for it ?— A. $400 I beheve. 

Q. You own the lot still? — A. I do; yes, sir. 

Q. Any improvements on it?^ — A. Yes, sir; the lot is surrounded 
on two sides by a sidewalk, it being a corner lot. 

Q. No buildings on it ? — A. No sir. Now, I have not answered 
your other question up there, your last and final question on this 
other subject. 

(Question read.) 

A. Yes, sir; except the lot hereinabove referred to which I own in 
Toppenish which was originally a part of an Indian allotment. 

Q. Did you purchase tliat lot throgugh the assistance of either Mr. 
Powell, Mr. Rohrer, or Mr. Brown? — A. No, sir; I did not. 

Q. They had nothing to do with it ? — A. I called on the company 
in question personally and looked at the lot and made the purchase. 

Q. Have you had any talk since you have been connected with the 
Indian Ser\ace with anybody other than the talks that you have 
mentioned in connection \\dth the matters to which you have testified 
in reference to your becoming interested in Indian lands ? — A. No 
sir; I have not. 

Q. Have you told me all you wish to sa}^ in reference to this mat- 
ter I — A. You mean the last question ? 

Q. With reference to any matter with which you have been exam- 
ined ? — Yes, sir; I have. 

By Representative Carter: 

Q. I beheve you say you only purchased four tracts of Indian 
land? — A. Yes, sir; I only purchased three tracts of Indian land and 
consider that the other tract was not an actual purchase; that it is 
more properly to be considered as a loan, although you have the facts 
in the foregoing. 

Q. Have you kept any concrete record of the amount of profit you 
made from these four transactions?^ — A. Yes, sir; I had a memoran- 
dum of all these transactions which I had with my personal papers in 
a lock box. 



YAKIMA INDIAN RESERVATION, ETC. 177 

Q. Can 3'ou toll us what it is for the record, the amount i — A. Just 
a moment, I don't want this to go in — • — 

Q. Can you give me the amount of profit you have made out of 
these four transactions ? — A. Yes, sir, approximately — on the PoUy- 
waka tract I made approximately twenty-five hundred dollars as I 
recall, wlule in the matter of the first transaction with Mr. Brown my 
profits were approximately a thousand dollars. I have realized no 
profits whatever from the other two transactions to date as I still 
retain my interest therein. 

Q. They are still undigested ? — A. Beg pardon ? 

Q. They are still undigested — they have not been sold ? — A. Yes, 
sir. 

Q. What first called your attention to the purchase of this Polly- 
waka tract? — A. At the time I purchased this tract I had been on 
the reservation approximately a year, and in being over the reserva- 
tion I naturally observed there was considerable good land, and it 
seemed to me there were chances for successful investments should 
the land be purchased and held for several years. 

The indications were that prices would go higher, and even at that 
time alfalfa especially was seUing for from twelve to fifteen dollars 
per ton wliich would make such land a profitable investment. 

Q, Had this idea of profit of investment in these lands ever occurred 
to you prior to the time you came to Toppenish that day and began 
to "look at this Pollywaka land ? — A. You mean by these lands the 
lands on the reservation ? 

Q. Had the idea of investing in these Indian lands, for profit, ever 
occurred to you prior to that time? — A. Yes, sir, necessarily. I had 
thought of the matter during the preceding year as I would not have 
made up my mind on such an important matter, especially to me as a 
young man with very Umited funds on such short notice. 

Q. But you had never made up your mind until that time to 
purchase land? — A. Not definitely; no, sir. 

Q. Was there anything that occurred on that day to bring your 
mind to a focus on that subject ? — A. No, sir, not especialh^ 

Q. After studying over it these months that 3"0u had been at the 
agency you finally decided on that day just to make the purchase ? — 
A. I decided on that day after going out and looking over several 
tracts which I knew were up for sale that day. 

Q. Was there anything that caused you to go out and look at 
those certain tracts on this particular time — on this particular 
time? — A. Yes, sir. 

Q. What was that? — A. These several tracts that I looked at on 
that day w^ere in a locaUty on the reservation which generally appealed 
to me; and, further, they were 40-acre tracts, wliich I considered were 
all that I should handle at that time in view of my financial situation, 

Q. Were those the first 40-acre tracts that had been sold? — A. 
No, sir; I don't think they were. I don't recall exactly, but gen- 
erally speaking at every sale there w^ere both 40 or 80 acre tracts 
on sale. 

Q. Well, why was it you had not concluded to make these pur- 
chases prior to this time w4ien the other 40-acre tracts had been 
sold? — A. I don't recall that there had been 40-acre tracts in that 
general locaUty. 



178 YAKIMA INDIAN EESERVATION, ETC. 

Q. Before going into tiiis, Mr. Miller, did you consult with any- 
body about the profit that might be made in these lands ? — A. No, 
sir; I didn't consult with any particular individual. 

Q. Well, with anybody, with any person? — A. No, sir, I did not; 
at that time there was a high spirit of speculation prevailed through- 
out the entire Yakima Valley, and, as previously stated, it was gen- 
orally known that investments in alfalfa land, in view of the price 
ef alfalfa at that time, investments were favorable. 

Q. Did you consult with any of your friends — business men at 
Yakima or other points — who were posted and might ^ve you infor- 
mation as to the probable increase of values in the YaBma Valley ? — 
A. No, sir; I don't recall that I did. 

Q. Did you consult with any of your associates here at the 
agency? — A. No, sir; I did not. 

Q. Did it occur to you at the time you purchased these lands, Mr. 
Miller, that there might be some impropriety about the chief clerk 
going into this character of transaction ? — A. I felt that as long as 
I was honest and fair in every particular, and made no prior arrange- 
ment, and bought the lands in question outright from the purchasers 
after they had purchased them from the Government, that no one 
would be injured or harmed financially. 

Q. Well, the question I asked you Mi\ Miller was, did it occur to 
you that tliere might be any impropriety in such an act ? — A. It did 
not at the time that I purchased the PoUywaka tract, as that was 
generally known, as I understand, thereafter. 

In connection with the later transactions I had come to understand 
that it might not bo advisable for the general public to know of my 
action, since, while if they knew the actual conditions, there would 
be no objection, but they might assume conditions to be otherwise 
than they actually were. 

Q. Well, did you consult mtli your superior officers at the agency, 
as to the propriety of your taking part in such a transaction ? — A. I 
did not before I made the purchases. The circumstances in con- 
nection with the first two transactions were later explained in a per- 
sonal way to my superintendent. 

Q. When was that? Just approximately, I don't want the exact 
date? — A. I don't recollect exactly, but believe it was some weeks 
after I made the purchases. 

Q. The Polly waka purchase you refer to nov/ ? — A. The first two. 

Q. Who did you speak to about it ? — A. Superintendent Young. 

Q. What did he have to say about it? — A. He stated that as he 
understood the circumstances, after I had explained them to him, 
that the purchases made from the original purchaser from the Govern- 
ment, he did not consider that it v/as improper. 

Q. Mr. Young told you in the light of all the statements that you 
made to him that he did not think it was improper ? — A. Yes, sir. 

Q. And you made the same statement to him that you have made 
to-day hi "this hearing, practically ? — A. In a general way, yes, sir; 
pertaining to the first two transactions. To my knowledge he 
never knew anything of the others. 

Q. What State are you from originally? — A. I was born in the 
State of Ohio. 

Q. And where did you join the Indian service ? — A. I was a legal 
resident of the State of Iowa when I first entered the service, going 



YAKIMA INDIAN RESERVATION, ETC. 179 

to Oklahoma to take the first position; I was in the State of Okla- 
homa when I took the civil-service examination. 

Q. How did jou come to be attracted to the Indian service, Mr. 
Miller? — A. I served as a temporary clerk for the Kiowa Townsite 
Commission from May, 1907, until August, 1908. 

Q. How did you secure that position ?— A. By inquiry through 
members of the said commission. 

Q. Did you have anyone to assist you in getting the position? — A. 
No, sir; absolutely noiie. I was employed direct by the members of 
the commissit)n, 'without any assistance from an}- other outside 
source. 

Q. That position was not under tlie civil service then? — A. No, 
sir; it was a temporary connnission. 

Q. Will you give the names of that commission, please, Mr. 
Miller? — A. The "names of this commission Avere Julius W. Hadden, 
Thomas F. Woodw^ard, and W. L. Miller. 

Q. Did you know any of the officials in the Indian Bureau at 
Washington at that time? — A. No, sir; I did not. 

Q. Did you know any one m the Indian Service except those 
immediate employees? — A. No, sir. 

Q. Do you know any of the heads of the different divisions of the 
Indian Bureau at Washington now ? — A. I am acc^uainted with Mr. 
Hauke, the second assistant commissioner; as I remember, he is the 
only one in tlie office now whom I have met. 

Q. Do you know Mr. Leupp ? — A. No, sir; I never met Mr. Leupp. 

Q. Do you know Commissioner Valentine ? — A. No, 

Q. You don't know Commissioner Sells, you say? — A. No. 

Q. Do you know Mr. Meritt ? — A. No. 

Q. Mr. Francis? — A. No. 

Q. Mr. Abbott? — A. No; I have never met Mr. Abbott: he was at 
this agency a year or so ago, but I happened to be away in the East, 
as I recall, when he was here. 

(Witness excused.) 

STATEMENT OF DR. GEORGE W. WIMBERLY, AGENCY PHY- 
SICIAN, FORT SIMCOE, WASH. 

Dr. George W. Wimberly, being first duly sworn by Senator 
Townsend, testified as follows: 

Examination by Senator Townsend: 

Q. What is your name, Doctor ? — A. George W. Wimberly. 

Q. What is your business ? — A. Physician. 

Q. In the employ of the Government ? — A. Yes, sir. 

Q. In what capacity? — A. I am the agency physician, Yakima 
Indian Agency. 

Q. Is your practice entirely confined to the reservation? — A. Yes, 
sir. Of course I do some private practice amongst the white settlers. 

Q. On the reservation % — A. Yes ; not a great deal. I suppose it 
averages in a year $20 or .^oO a month. 

Q. What proportion of your time do you dt^vote to the Indians ? — 
A. Practically all of it. 

Q. Wliat is your salary?— A. $1,500 a year. 

Q. How \ong have you been in this position ?— A. I have been in 
this particular position since the 15th of January, 1912. 



180 YAKIMA INDIAN RESERVATION, ETC. 

Q. Do you travel over the reservation considerably ? — A. My 
duties are limited to this end of the reservation, practically to within 
15 miles of the agency, except in special cases. Now, v/hen we had 
our epidemic of smallpox I was detailed to go to Toppenish and 
Wapato, at the other end of the reservation, 

Q. The contract physicians take charge of the rest of the reserva- 
tion ? — ^A. Yes, sir. 

Q. How long have you been here ? — A. On the Yakima Reserva- 
tion, I came here in 1912 in January. 

Q. What is the condition of the health of the Indians on the reser- 
vation, so far as you know ? — A. Outside of the trachoma situation, 
I consider the condition on this reservation better than most Indian 
reservations. 

Q. What per cent of the Indians here have trachoma ? — A. Accord- 
ing to my figures, I figure between 25 and 30 per cent, easy. 

Q. How do you get that ? — A. When I made out my semiannual 
report the 1st of July I had examined about 300 Intlians myself and I 
found 88 cases. Of course I have examined some since then, but I 
have not footed up the figures. 

Q. What are you doing for that disease ? — A. I operated during the 
winter on 14 cases, and treated besides, I think, about 20 or 25 cases, 
and these are mostly among the school children, the only patients that 
I could undertake to carry out any treatment for any length of time. 
Now, outside of that there is practically nothing that has been done. 
Of course the Indian comes into my o^uce to get medicine, and I give 
him medicine such as I think wiU do him the most good without doing 
him any harm, but you can not undertake to treat trachoma unless 
you have the patient under your care and have some time to devote 
to it. 

Q. How much time do you require in the initial stages ? — A. Well, 
if you take a case early it will take two or tln^ee months; that is the 
very shortest time you can turn a patient loose cured; of course you 
can benefit liim greatly inside of a month. 

Q. How often C( uld you treat him in that two or three months? — 
A. You should see them daily at least; of course the operative cases 
usually require from one to three operations. 

Q. \Vliat cases, would be operative cases? — A. Those are the cases 
that show the typical trachoma growths in the eye, cases that have 
not gone so far that operation — of course some of the cases, old 
cases, could be ( perated on t )0 — but that would be a secondary oper- 
ati n of a different nature entirely. 

Q. Are you advising these Indians — I believe you said you exam- 
ined and found 88 cases out of 300 — did you advise the 88 to take 
treatment? — A. Yes, sir; I pi jked up a girl a short time ago, brought 
her in here and kept her here two weeks. When I can get them to 
come, I do; of course I can n t always do that. 

Q. Do you have any supervisoin over this school? — A. Yes, sir. 

Q. A Uttle wliile ago when we arrived there was a man came down 
and said that his b-}^ or girl, I have forgotten which, had been exam- 
ined and found ta have trachoma and was advised she could not 
enter the school? A. Yes, sir. 

Q. Did you give that advice ? — A. Yes, sir. 

Q. What did you say to the father as to what he ought to do ? — - 
A. I told him that Mr. Carr was endeavoring to have an annex to 



YAKIMA INDIAN RESEEVATION^ ETC. 181 

our hospital established here where we could handle those cases 
among the children, and when we got that I would be glad to take 
this girl back and take her under treatment; but of course that 
would be a month or two before that was established. 

Q. Is there an a])propriation for that? — A. No; that is asked for, 
I suppose, out of this general school fund. 

Q. It is liable to be six months or so, isn't it, rather than a month 
or two? — A. I don't tliink so. I will volunteer a little information: 
Last December I wrote the office and urged very strongly that they 
give us a general hospital for trachoma on the reservation, and that 
they give us field nurses and field matrons to go into the homes and 
try to do something for trachoma. Now, the office replied favorably 
and asked for an estimate. We made an estimate; I helped make it, 
and submitted it, but we have not heard anything further. I wTote 
again last July and urged the same thing, and have not heard any- 
thing from that yet. 

Q. Do you think you could induce the Indians on this reservation 
to come to a hospital here if you estabhshed one? — A. We could 
induce some of them, but it would be almost useless to esatblish a 
hospital unless we have some compulsory means to force these 
Indians to be treated for trachoma. 

Q. How would you find out whether they had trachoma ? — A. Find 
out by examining their eyes. 

Q. Would you go to them and examine them? — A. Yes, sir; I can 
examine practically eveiy Indian on the reservation, I am confident, 
without any trouble. 

Q. You would then, if given the power, compel them to attend the 
hospital which is to be established here; you would go over the reser- 
vation and examine all the Indians to see whether they have tra- 
choma ? — A. Yes, sir. 

Q. Well, that seems practical. I have not discovered anything 
else that seemed practical to me. — A. That is the only practical way. 
Of course it is no use — it is just like — I was in charge in one tuber- 
cular sanitarium. There is no use of havmg a sanitarium or hospital 
and Jetting it go at that. The place where they get trachoma is in 
their homes and unless we have nurses and matrons to go into their 
homes and clean them up and make them keep clean and [We clean 
your hospital is only going to do just a benefit — benefit just a small 
number. 

Q. What do you think is the cause of trachoma? — A. Well, it is 
an infection; I don't know that the exact nature of the infection is 
known, or just what causes it amongst the Indians. I don't know 
why they should have it or why it should be endemic as it is. It has 
been amongst them for a long time, for often on this reservation you 
can see the older Indians with the scars and results of trachoma, which 
are unmistakable. 

Q. Are there many blind people here ? — A. There are several, but 
not a great many totally blind. 

Q. Is this disease liable to make them blmd if allowed to work its 
course ? — A. It will impair the sight in a large measure. It does not 
always make them totally blind, but it does sometimes induce a 
secondary cataract. 

Q. What proportion of them would result in that? What per 
cent? — A. WeU, in total blindness, without looking up the statistics 



182 YAKIMA INDIAN EESERVATION, ETC. 

I don't know as I could make a positive statement; I should judge a 
very small per cent would be totally blind, but the incapacitation from 
trachoma is very great; there is no question about that. 

Q. "What originally causes trachoma ? You say it is an infection i — 
A. Well, there is some specific organism no doubt, a germ which j)ro- 
duces trachoma, although I don't know that the exact germ has been 
isolated and discovered. 

Q. Is it more common among the Indians than it is among the 
whites? — A. Yes; trachoma is practically unknown amongst the 
whites in this section except where they have come into contact with 
the Indians. 

Q. In cases where there is a white man or white woman in an Indian 
family do you find trachoma to exist amongst the whites of those 
famihes? — A. Yes; I have operated on several patients, the children 
of a white man and Indian woman. 

Q. Do you know whether it is more common among the full bloods 
than it isamong the breeds? — A. I think as a general rule it is more 
common among the full bloods because usually the breeds are more 
cleanly and live in better hygienic circumstances. 

Q. Then you think cleanliness is in a measure a curative? — A. It 
is a preventive in a very large majority of cases; in fact an absolute 
preventive. 

Q. Do you have trachoma in the schools here at all ? — A. I do not. 
I admitted these cases last year into my hospital here and treated 
them. 

Now, the public-health report which you have probably seen will 
show the percentage amongst our school children, but those were 
hospital children under my care and treatment at the time. It was 
my only chance to keep any cases at all and I took them in but this 
year I don't even do that until we can get our annex to our hospital 
established. 

Q. You refer to the Lloyd report? — A. Yes. 

Q. Do you have tuberculosis on the reservation ? — A. Yes, sir. 

Q. To what extent? — A. Now, we haven't any very definite data 
for tuberculosis, but I figure tuberculosis between 15 and 20 per cent 
maybe of the total population, in one form or another, pulmonary, 
glandular or bone tuberculosis. I think there is no question but what 
the Yakimas are more free from tuberculosis than any Indians I have 
been associated with. 

Q. How many cases do you have a year? — A. On the reservation? 
It is pretty hard to tell. 

Q. Is it more prevalent among the older or younger Indians ? — A. 
Well, it is more prevalent among the younger Indians and middle- 
aged Indians because I think the older Indians are Indians who out- 
lived it or survived it. A man who gets tuberculosis, he don't live to 
be an old Indian, that is all. 

Q. Is the health of the Indians on tliis reservation or among the 
Indians generally according to your knowledge improving or growmg 
worse? — A. Well, outside of the two diseases we have discussed I 
think the health conditions are holdmg its own anyway. I don't 
think it is getting any worse. 

Q. Do you hesitate to visit an Indian when you receive a call? — A. 
Not at all; I go promptly. 



YAKIMA INDIAN RESERVATION, ETC. 183 

Q. Do you have many calls ? — A. Quite a good many duiiug the 
fall, winter, antl sj)iing; of course during the summer our Indians all 
go u]) in the mountains and stay about two months; our work here is 
rather light then. 

Q. Where were you educated, Doctor? — A. George Washington 
University. 

Q. How long have you been in the Indian service ? — A. I entered 
in ] 902, October. I have been out during that time two years. 

Q. What were you domg during those two years? — A. I took a 
short post-graduate couise and ])racticed medicine in Georgia. The 
two consumed about a year and then I put in two months over in 
Davenport, Washington'. 

Q. How old are you, Dr. Wimberly? — A. Thirty-eio-ht. 

Q. You did not practice much before you entered the Indian serv- 
ice ? — A. I graduated in June and entered the service in October. 

Q. So practically all of your practice has been among the Indians ? — 
A. Yes, sir. 

Senator Townsend. I think that is all. 

Representative Carter. Doctor, to what causes did 3"ou attribute 
the prevalence of consumption among the Indians ? 

A. WeU, it is their manner of living and an attempt at a change of 
manner of living. 

Q. Now, you take an Indian who is accustomed to live out in the 
open, take the Indian as he was, say 50 years ago, and then change 
hmi into trying to live in houses and our way of living and our kinds 
of food and they don't understand it. I believe that has as much to 
do with it as anything. 

Q. It is the transformation that is taking place? — A. It is the 
transformation that is taking place, has a great to do with it, no doubt. 

Q. Are their houses properly ventilated on the reservation? — A. 
Well, the houses usually — most of the houses are poorly constructed; 
there will be plenty of ventilation except for the fact that they live in 
very crowded conditions and m the winter time they keep every win- 
dow and door tightly closed and the rooms ovei-heated. 

Q. Do you advise them in connection with that to keep their win- 
dows open in the winter time so they can get fresh air? — A. Yes, sir; 
I do. 

Q. They are slow^ to take your advice? — A. Yes; they practically 
won't do it. 

Q. Have you any facilities under present conditions to prevent the 
spread of tuberculosis among the Indians? — A. Well, practically 
none. Of course w^e are provided with sputum cups, and we are pro- 
vided with circulars and different things, and when I go amongst the 
Indians I try to tell them and instruct them, but necessarily I can not 
give much time to that. It really is the place for a nurse or field 
matron. 

Q. You have no facilities at all in their homes at the present time 
for preventing the spread of trachoma ? — A. No, sir; not at all. 

Q. That could be accomplished very well by having a hospital to 
bring them to, could it not? — A. Yes, sir. 

Q. And you could im])rove the tuberculosis conditions by having a 
hospital? — A. Yes: I think j^ou can treat the tuberculosis here if we 
were provided w^th a place to accommodate them. 
35601— PT 2— 14 8 



184 YAKIMA INDIAN RESERVATION, ETC. 

Q. Could you get the Lidiaiis by means of persuasion on this reser- 
vation to come into the hospital for treatment for tuberculosis and 
trachoma, do you thinks — A. We could get more into a hospital here 
probably than we could into a sanitarium some other j.lace, but I 
don't think we could get them all. 

Q. Wliat would you think about the feasibihty of getting them to 
go to New Mexico or Arizona ? — A. Very few of them will go. I have 
have not been able since I have been here to get one of them to go. 
I have tried several. 

Q. Tell us something about the difficulties you have observed, 
Doctor, in getting them to leave their homes and their families to go 
to hospitals ? — A. Well, you have first an Indian's natural aversion to 
a hospital or sanitarium. You take a hospital and white people even 
are not always willing to enter a hospital or sanitarium, and the Indian 
is just as much more opposed to it as his state of civilization is differ- 
ent from a white man's. That is one thing, and naturally Indians 
object to sending a sick child away when the Indians know consump- 
tion is probably fatal. 

Q. They are very affectionate about their children, are they not? — 
A. Yes, sir. 

Q. And don't like to have them leave when they are sick ? — A. Yes, 
sir. 

Q. Does that extend to all members of the family as well as the 
children? — A. Yes, sir; in fact, we can not get the older Indians in 
any kind of a hospital. 

Q. Wouldn't your treatment of tuberculosis and trachoma be very 
greatly improved if you had regulations to enforce the bringing of 
those cases to a sanitarium and regulations to enforce cleanliness in 
the homes? — A. Yes, sir; in fact it will never amount to anything 
until we have that; you can not handle those cases successfully if 
you do not. 

Q. Well, I believe that might be done under the bureau of health ? — 
A. I think so. 

Q. Then, would you think the condition of the health of the Indians 
in those respects might be improved if the Indians on the reservation 
were placed under the health bureau rather than under the Indian 
bureau ? — A. I tliink so. Now, if you care to see it, I wrote a letter 
to the journal of the American ^ledical Association last June urging 
just that very thing, that if there should be a health department 
established, by aU means the medical department of the Indian Service 
should be placed in it, and gave my reasons for it. 

Q. Well, we would like to have that letter. Doctor, placed in the 
record, if you will give it to us. — A. Yes; I will. 

Q. In your opinion is there any chance for improvement in the 
health conditions of Indians with relation to trachoma and tuber- 
culosis until you can have some regulation to enforce cleanliness in 
their homes and their attendance upon hospitals ? — A. None at all. 

By Senator Townsend : 
Q. Did I understand you to say. Doctor, that you had a hospital — 
addition to your hospital here — that you would bring the victims of 
tuberculosis in here ? — A. No, sir; I said trachoma, only the trachoma 
cases. 



YAKIMA INDIAX RESERVATION^, ETC. 185 

Q. Well, the Congressman was examining you with reference to 
tuberculosis at that time also, ^'ou would not mix those ? — A. Oh, 
no, sir. 

Q. Then, Doctor, it would be possible to have a hospital in which 
both characters of cases could be treated ])y keeping them segre- 
gated ? — A. They would have to be kept segregated and they would 
have to have separate attendants. It would be necessary because a 
great many trachoma cases — a large number of them — have not tuber- 
culosis, and it would be almost criminal to expose them. 

Q. Well, the same doctors could take care of them? — A. Oh, 
certainly. 

Q. What precaution do you take yourself, Doctor, to prevent con- 
tracting these two diseases ? — A. Well, when I have — of course, take 
trachoma, I use a gown when I treat any case of trachoma and take 
an antiseptic bath afterwards. Of course, wdth tuberculosis, I do the 
same in cases in a stage where it is transmissible easily. 

(Letter marked "Exhibit A," and said letter was as follows:) 

[from the Journal of the American Medical Association of May 17, 1913.] 

ADVANT.\GE OF INCLUDING THE INDIAN SERVICE IN THE PROPOSED DEPARTMENT OF 

HEALTH. 

To the Editor: I have read the text of the Owen bill as published in the Journal 
(Apr. 2(), p. 1320), and am heartily in favor of its provisions. I think, however, that 
there is one important omission. By all means, it seems to me, the medical depart- 
ment of the United States Indian Service should be taken over by the new department 
of health. There are many reasons why this should be done. 

In the first place, the Indian medical service, taken as a whole, is woefully ineffi- 
cient, and is not getting results commensurate with the money being spent or the work 
being done, and this does not mean that the Indian Service doctors are either oveipaid 
or overworked. It simply means that even the small salaries paid and the small 
amount of work being done are largely wasted because the whole effort is misdirected. 
The medical service furnished to Indians should be mainly along the lines of sanitation 
and preventi^ e medicine. The present plan of emplo>-ing physicians of more or less 
mediocre ability to do a general practice among camp Indians, neglecting the larger 
questions of sanitation and hygiene, is a narrow policy, to say the least, and nothing 
proves its futility more than the rapid spread among Indians of tuberculosis, trachoma, 
and other serious though preventable diseases. The following quotation is from a 
report lecently made on this subject by the Public Health Service: 

The relief of suffering and the cuie of disease are necessary, and provisioTis made to 
this end are commendable, but under present conditions their application is discour- 
aging and does not approach the problems of sanitation among Indians. The curative 
effects aimed at . .\ are largely nullified by the conditions under which the work is 
attem]){ed and by the indifierence of the primitive Indian and his ignorance of the 
first principles of hvgienic living. 

It was the comnion observation that many of the medical officers of the Office of 
Indian Affairs were working hard, but a great deal of their really hard work is wasted. 

By the absorption of the Indian Medical Service into the Department of Eealth the 
work could be organized and directed along more effectual lines; and the questions 
of better and more uniform salaries and of promotion for efficient service could be 
adjusted. These improvements would render the service more attractive, and better 
men Avould be brought into it. 

That these very desirable ends will be accomplished under the present system is 
improbable. Take the question of salaiies, for instance. Usually a lump sum is 
apportioned to each school or agency; this the superintendent in turn apportions as 
he sees fit among his different employees. The less he pays the doctor the more he 
will be able to pay some other employee or the greater the total number of employees 
he will be allowed. The result inA'ariably is that he keeps the physician's salary 
down as low as he dares. In fact, the Indian Office often not only encourages him to 
do this, but actually compels him bv refusing to ratify any increase he may he dis- 
posed to give the physician. The low-salaried physician, usually located in some 



186 YAKIMA INDIAN RESERVATION, ETC. 

out-of-the-way ])la(e and dissatisfied, joins in the continual and interminable wrangle 
for tran.-^lVr, rach man feeling that any change would be acceptable. 

Last, hut liv iKi means least, among the advantages to be gained by transferring the 
Indian Medic'al Service to the Department of Health would be the removal of these 

Shysicians from under the jurisdiction of law superintendents. These superinten- 
ents are more or less ignorant of medical matters and have no true conception of the 
relative importance of medical work, especially that of a sanitary nature; yet they 
have full authority over the doctors of the service, pass on their efficiency and merit, 
and think nothing of interfering in their work. In my experience this has been espe- 
cially true with regard to questions of vaccination and quarantine. One of the present 
Indian Service 8U]3ervisors even openly opposes vaccination against smallpox. 

In conclusion, another short quotation from the report cited above will be appro- 
priated: 

The physicians conducting the work on many of the reservations see no encourage- 
ment; their life is isolated, their pay small, their hope of promotion less, and their 
authority to attack real problems limited * * * bxit among the other govern- 
mental medical corps the medical officers, by reason c,i definite organization and hope 
of advancement, are filled with enthusiasm and esprit de corps which is necessary to 
success in any great coordinated work. 

George W. Wimberly, 
Phy ician, Yakima Agency, Fort Simcoe. Wash. 

Now, I have another article that just came out m last week's 
journal by the surgeon recapitulatmg this Lloyd — this Public Health 
Service report on trachoma among the Indians — that might be of 
interest to you. 

Q. Is that your article ? — A. No; that is by — I forget the doctor's 
name — one oi" the public health surgeons. 

Q. I don't think we want it; we have a large report; do you have 
much intemperance, intoxication among the Indians ? — A. Yes; quite 
a good deal. 

Q. Where do they get their liquor? — A. That is a question I don't 
know. 

Q. Have you any suggestion as to what, if anything, ought to be 
done ? — A. Well, you can hear — all I have is hearsay — of course they 
claim these fellows in White Swan sell it. 

Q. Is there a saloon at White Swan? — A. No; there is no saloon 
there; they claim there is bootlegging around White Swan; there 
was an old fellow kept a livery barn. I am confident he sold it. 
Most of them can get it around these little towns. 

Q. What other reservations were you on ? — A. I was on the Kiowa, 
Comanche for two years and I was at Phoenix Indian School for 
about nine months. I was in charge of the Greenville School in 
California for about three and a half years, and I was at Haywood, 
Ariz., and I was in charge of Fort Spokane Colville Sanitorium for 
about three months. 

Q. How does the health condition here compare with it on those 
other agencies ? — A. I think the health conditions are better than any 
I have been on with the exception of the one in Wisconsin. 

Q. How does intoxication compare with those others? — A. It is 
all about the same; wherever the Indian can get it he gets drunk, 
wherever I have ever been. 

Q. Are the Indian policemen of anv service on this reservation ? — 
A. Veryhttle. 

Q. Is your field matron a pretty good officer ? — A. I think she is a 
very good officer. 

Q. You think you could use more field matrons to advantage ? — A. 
Yes, sir; if we had at least one more field matron who was familiar 
with nurses I could keep her busy all the time. I have a case under 



YAKIMA INDIAN RESERVATION, ETC. 187 

my care now witli jiiKnuuoiMu tb.at j)robal)ly will die sinii)ly for the 
reason that she has not the can* and sonir one there to give her 
medicine. ,xr i i 

Q. Is pneumonia prevalent ^— A. No; not extremely so. We had 
several cases last winter amongst the children, but no fatal cases. 

(Witness excused.) 



FRIDAY, OCTOBER 3, 1913. 

Joint Commission to Investigate Indian Affairs, 

Washington Hotel, Seattle, Wash. 
The Commission met at 10 o'clock a. m., pursuant to the call of 
the chairman. 

The following members were present: Senator Chas. E. Townsend 
and Representative Charles H. Burke. 

STATEMEITT OF BOLIVER J. LLOYD, SURGEON IN THE UNITED 
STATES PUBLIC HEALTH SERVICE. 

BoLivER J. Lloyd, being first duly sworn by Senator Townsend, 
testified as follows: 

By Senator Townsend : 

Q. What is your full name, Doctor?— A. Bohver J. Lloyd. 

Q. Are you related to the Government in any capacity ? — A. I am 
surgeon of the United States Public Health Service. 

Q. How long have you been connected with the hospital and 
Marine service?— A. Nearly fourteen years. 

Q. Where have you been located during that time?— A. Mobile, 
Ala.; Chicago, 111.; San Francisco, Cal.; Nome, Alaska; Pallas, Peru; 
Guayacjuil, Ecuador; Hygienic Laboratory, Wahsington, D. C; 
Seattle, Wash.; and special work occasionally. 

Q. Now, you were in the employ of the C5overnment wJien you 
were in South America ? - A. Yes, sir. 

Q. What were you doing in South America?— A. In Peru I was 
detailed to the LTnited States consulate to keep plague and other 
contagious diseases out of Panama and the United States by takmg 
the necessary precautions on vessels leaving there ; also represented the 
Repubhc of Panama at the same time, by recjuest. 

Q. What diseases were prevalent there that you were contending 
against ?— A. Bubonic plague, especially, and small-pox. In Ecuador, 
I first had the same position at the United States consulate but 
later, when plague l)ecame so bad, I was borrowed by the Ecua- 
dorian Government and made director of health for the Government 
for 18 months, until things were in better shape ; there we had plague, 
small-])ox, and yellow fever. 

Q. Did you have any experience there with tuberculosis or tra- 
choma? -A. Not many with trachoma. With tuberculosis some, but 
comparativelv httle ; just in a casual way. On a number of occasions 
I made recommendations to the Ecuadorian Government about what 
should be done in caring for tuberculosis, as it came under my juris- 
chction in a general way. I was director of liealtJi then. 

Q. In your various positions here with the Indians prior to coming 
to Seattle, did vou have anv experience witli trachoma and tubercu- 



188 YAKIMA INDIAN KESEEVATION, ETC. 

losis V — A. Yes; not with the Indians, but Ihave examined immigrants 
arriving in the Uiiited States for trachoma, in San Francisco, off 
and on. for nearly three years. 

Q. Now, when did voii sav you came to Seattle?— A. November 
16, 1910. 

Q. Have 3'ou made any special examination for the Government 
in reference to diseases among the Indians witJiin the last three 
years ^- A. Yes; for three months during 1912 I traveled con- 
tinuously among the Indians in this State and in Idalio investigating 
trachoma, tuberculosis, typhoid fever, and sucli otJier diseases that 
might be of interest. 

Q. You were authorized by w)iom to do this ? — A. T)ie Surgeon 
General Public Health Service. 

Q. Did you receive any written or printed instructions as to what 
to do? — A. Yes; I did. 

Q. Have you a copy of those? — A. I have in tli-e office; I don't 
have them with me. 

Q. Can you furnish us a copy? — A. I can this afternoon. 

Q. I vnh be verv glad to have you do that, and we ■s\all mark that 
"Exhibit A." 

(Said instructions were furnished by the witness, marked ''Exliibit 
A,'' and the same are as follows:) 

Treasury Department, 
United States Public Health and Marine-Hospital Service, 

September 18, 191^. 
Passed Asst. Surg. B. J. Lloyd, 

Public Health Service, Seattle, Wa h. 

Sir: Referring to the inclosed bureau order detailing you to make an examination 
of the prevalence of certain diseases among the Indians in the States mentioned 
therein, the following instructions are issued which, however, must be of general 
character, on account of local conditions. 

Under the authority cited in the above-mentioned letter officers are being detailed 
by the Ijiireau to visit other States to perform like duties. Information regarding 
these details will appear in the weekly list of changes, copies of which will be mailed 
you. 

On account of the peculiar nature of the investigations to be performed and their 
possible far-reaching consequences, it will be necessary to exercise great discretion 
and judgment in yom- relations with Federal and State officers and the Indains them- 
selves. Prior to undertaking your investigations you will make a preliminary study 
of the situation and so arrange your survey and itinerary as to collect the greatest 
amount of data and complete the work and the report thereon by January 1, 1913. 

In the law three diseases are specifically mentioned, namely, tuberculosis, trachoma, 
and smallpox. Special attention will accordingly be given to the past and present 
prevalence of these diseases, and such data as available should also be complied with 
respect to the incidence of other contagious and infectious diseases among the Indians. 

It is desired to secure as complete and accurate data as possible within the limited 
time available, and the extent of the investigations and the method of making the 
same in a particular State must he left largely to the discretion of those performing 
the work. It is suggested, however, that the studies should include: 

First, an examination of the morbidity and mortality records that may ))e available 
at each general agency. 

Second, an inspection of all pupils of the nonreservation schools, boarding schools, 
day schools, and mission schools. 

Third, a visit to sanitoriums, asylums, and other eleemosynary institutions within 
the reservations devoted to the care of Indians. 

Fourth, a house-to-house inspection of as many Indian families as may be practi- 
cable and representative of the general population to determine the prevalence of 
the communicable diseases mentioned in their character. 

In the abstracting of morbidity and mortality records great care should be observed 
to include only definite data which can be accepted at their face value. 



YAKIMA INDIAN RESEEVATION, ETC. 189 

In order to determine the general prevalence of trachoma and its distribution, a 
record should be kept of the age and sex of each individual examined, whether of 
mixed or full blood, whether the disease is active or recovered, the complications 
and extent of disturbances of vision, the name of the tribe, the total number of persons 
in the family, and the total number of cases in the family. If available, the total 
number of families on the reservation and the average number of persons contained 
therein should also be determined, since by this means deduction may he drawn as 
to the general prevalence of the disease on the reservation. In your report contain- 
ing a compilation of the data, it will be proper to make a statement of any obsei'va- 
tions with respect to origin and transmission. 

From the standpoint of this investigation, the determination of the prevalence of 
tuberculosis is of great importance. If practicable, the investigation of cases of 
tuberculosis should include school children, residents of institutions, and a repre- 
sentative number of families. The cases of tuberculosis examined should be classi- 
fied according to type, as pulmonary, glandular, and osseous. Only positive cases 
should be included in your tabulation. Your records of pulmonary cases examined 
should contain definite data regarding age and sex and the number of other cases in 
the same family. In your report may be included a statement regarding the stage 
of the disease, evidence as to the resistance of Indians to tuberculosis, and data 
relative to the transmission of the disease under the conditions under which the In- 
dians live. 

The investigation of the prevalence of smallpox will include a statement of the 
past and present prevalence of the disease, the cases examined, and the extent of 
vaccination. 

Throughout your investigation you will make observation of the sanitary condi- 
tions under which the Indians live and their influence in the propagation of con- 
tagious and infectious diseases. It is expected that each of the officers engaged in 
the above investigations will be provided with a camera and the necessary film.s, 
and these films when used should be developed or properly labeled and forwarded 
to the bureau by mail for that purpose. 

While the specific object of the investigation is to determine the present prevalence 
of the contagious and infectious diseases mentioned, all pertinent data relativeto 
the origin and transmission of these diseases may be included in your report with 
recommendations for their control. 

Your bills for traveling expenses will be rendered on vouchers of the Interior 
Department, which can be obtained at all of the general agencies. The chief clerk 
of the agency will be able to give information as to their proper preparation. The 
usual receipts for expenditures are required by the Office of Indian Affairs to be 
attached to vouchers, including receipts for the hire of lodging, teams, and other 
conveyances. You should avail yourself, wherever practicable, of the transporta- 
tion facilities afforcled by superintendents and other officials. 

There is inclosed herewith for your use the following: 

1. A map showing Indian reservations within the limits of the United States. 

2. Routes to Indian agencies and schools. 

3. Roster of officers of the United States Indian Service. 

4. Report of the Supervisor of Indian Schools. 

In planning your routes, it is advisable to do so in such manner as to avoid as much 
duplication of travel as possible, and all due care will be taken in keeping within 
reasonable limits your expenditures on account of travel. 
Respectfully, 

Rupert Blue, 
Surgeon General. 
I certifv that the foregoing is a true copy. 

B. J. Lloyd, 
Surgeon, United States Public Health Service. 

Q. That examination covered three months, you sa}'? — A. Three 
months, October, November, and December : that was 1911, not 1912. 

Q. In 1911 ?— A. Yes; this is 1913. 

Representative Burke. I think it was 1912. 

Senator Towxsexd. I though it was 1912. 

Representative Burke. Your report was made in 1913; the act 
was not passe<l until August 21, 1912.— A. Yes, that is right, sure; 
that is right. 



190 YAIvIMA INDIAN EESERVATION, ETC. 

Q. TluMC was rt general investigation made under that provision 
by Congress of August 24, 19i2, extending over the United States? — 
A. I understood so. 

Q. And your tei'ritory covered Washington and Idaho? — A. 
Yes, sir. 

Q. Did you devote your whole personal time and attention to that 
investigation here? — A. I did. 

Q. What tribes did you visit ? — A. I can give you a memorandum 
of that later; I could not give you all of them now. I can give you 
the places visited: Fort Hall, Idaho; Fort Lapwai, Idaho: Coeur 
d'Alene. Idaho ; I was over the greater part of the Colville Reservation 
in Washington, which is a large reservation — Xcspelum, Miles, Ward, 
and St. Maries, and a number of day schools all in the Colville Reser- 
vation; then I was in Yakima and 1 was at Tacoma; I went through 
the Puyallup, La Commar, and Lummi Reservations; I went to this 
reservation near Seattle — I can not recall the name of it just now — 
and to others in the southern part of the State. I think that is 
about all. 

Q. Did you have any assistance — anybo(iy go' with you ?- — A, 
Somebody always went with me; yes. 

Q. Somebody located at the reservation ? — A. Somebody located 
on the reservation and on the Colville Reservation, Mr. Wilbur, of the 
State board of health, went with me. 

Q. Now, doctor, I w4sh you would tell us what you did in this 
investigation ? — A. I first went to the superintendent and the doctor 
and asked for records and informed myself as nearly as I could from 
their records of conditions on the reservation. Then I took the doc- 
tor as a rule and went from school to school and from house to house 
and examined practically every Indian I saw. Only a very few 
times did they refuse to submit to examination — perhaps half a 
dozen times. I looked them over casually for tuberculosis, exam- 
ined them as carefully as I could for tuberculosis, which was not 
very carefully, because one examination in incipient tuberculosis does 
not tell you a great deal. 

I examined all of them for trachoma. I everted their lids and 
noticed generally the sanitary conditions as I found them. Located 
cases of smallpox, which were only a few; examined them for vaccina- 
tion marks; and made such other notes of other diseases as I noted 
in the examination. These examinations were necessarily made very 
hurriedly. I would go to a school having 100 or 150 pupils or less. 
I would run over the eyes first as quickly as I could. I would pick 
out the Indians suspected of tuberculosis and run through them, and 
any others that did not look normal I would run over them. You 
understand I have been for the greater part of 14 years simply training 
myself to look at people and size them up as rapidly as possible as to 
their physical condition. That is what we did qn board ship, for 
example, in examinations. The public-health man to- day is par- 
ticularly in the habit vdien he is making these examinations of run- 
ning over as ra])idly as he can and putting those. necessary aside for 
special examination. 

Q. You said you visited the home ? — A. Yes, sir. 

Q. About how many homes did you visit ? — A. I can not tell you 
off-hand, but on every reservation I visited anywhere from 15 to 30 
homes. 



YAKIMA INDIAN RESERVATION, ETC. 191 

Q. Now, you sakl you went to the agx^uv and received su'li records 
as they had there ? — A. Yes. 

Q. Do they keep complete records at these a<i,'encies ol diseases? — 
A. No: under present conditions it is not possible to keep such — they 
do the best they can, under such circumstances, I suppose. 

Q. Does it amount to very much, what they do '^ — A. They are 
working under great disadvantages; those men are working, but the 
pecuUar conditions make it ahnost impossible to keep proper records 
or even furnish valuable assistance to the Indians when tbev are sick. 
The Indian lives anywhere from half a mile to 10 or 15 miles from 
the place where the doctor resides. Somebody gets sick; they send 
for tne doctor; he goes in all kinds of weather; gets out there, sees 
the Indian perhaps in a tent or in a house which is shut up: he goes 
in, makes his examination, perhaps makes up his mind as to what 
the patient is suffering from, stays a lev/ minutes, and can not stay 
longer because he has to go to see somebody else who is sick; he gives 
him what medicine he can take along with him, leaves such directions 
as he thinks can be carried out, but the IncUan in his home is in no 
condition to carry out the doctor's directions. 

Q. Now, we will reach that in a minute. I am speaking particu- 
larly about the records, the records you find at the agency;, what 
would you find at an agency ? — A. Well, simply arecord of everycaseof 
tuberculosis so far as the doctor knows ; cases of smallpox and typhoid 
fever or of any other condition which the doctor has seen. When- 
ever he sees a sick man he takes a record of it, I judge, from the 
records I saw. 

Q. Do you know whether anybody reports to tlie doctor or not any 
matters which are incorporated in the record, or is this simply the 
record of his actual experience?— A. I believe it to be the record of his 
actual experience so far as I am capable of judging, those i.rc times — 
I will have to qualify that by saving that simply deaths are reported 
to him where he simply takes the report of the person reporting to 
him that so-and-so died of such a disease. He did not see him at all. 

Q. Now, in this investigation you made in the summer or fall of 
1912 rather, what diseases did you find most prevalent among the 
Indians in Idaho and Washington? — A. Trachoma and tuberculosis. 

Q. Do you recall definitely your experience on the Yakima Reser- 
vation, for instance? — A. Yes; we first went over the school. 

Q. The agency school? — A. The agency school; the doctor and I. 
I examined personally all the children in the school for trachorna. 
We found a number of cases of trachoma, some of whir-h were being 
treated. The doctor on the Yakima Reservation had his cases of 
trachoma fairly v.el! localized and he knew where they were and was 
treating them, as I recall. 

Then the doctor and I drove over the reservation dovvii to White 
Swan and examined another school there where there was Indians 
and whites together. There was trachoma in this school among the 
Indians. I did not examine the whites. 

Then we drove over the reservation visiting people in their homes, 
and I found a number of cases of trachoma and tuberculosis, and I 
think four cases of smallpox. That occupied, I think, about three days. 

Then I VvCnt back to the city of Yakima and went down to Wapato 
and Toppenish and examined the Indians in those schools. In one 
of the places I examined a white boy wlio had trouble with his eyes. 



192 YAKIMA IXDIAX EESERVATION, ETC. 

and while it was not a decidetUy pronounced case, I believed it was a 
case of trachoma; he had had it lor a year or two. he said. 

Then I drove over the reservation at Toppenish in the same way, 
visiting from house to house. 

Q. Now, so far as your investigation went among the Indians in 
these two States, did you find that these prevailed to about the same 
extent among all the" Indians in the various tribes or was there a 
difference in their health conditions?^ — A. There was a difference. 
For example, I found most trachoma on the Colville Reservation. 
Tuberculosis is very much the same in the various tribes ; that is my 
recollection ; on the Colville Reservation also there were a number of 
cases of whooping cough. 

Q. Can you tell me from memory or by refreshing your memory in 
any way about what the per cent of trachoma on the Cohdlle Reser- 
vation was ? — A. I don't remember just now, but it was high, that is, 
high compared to Idaho and Washington; probably 25 or 30 per cent, 
but I won't be sure. 

Q. Now, do you think your investigation at that time was sufficient 
so that your estimate of the percentage of trachoma is rehable I — A. 
Oh, 1 Ijelieve it strikes a very good average. I have no doubt there 
were cases that were trachoma that I did not call trachoma, especially 
in the beginning; there may have been some cases that I called 
trachoma that were not trachoma, but they were few. The majority 
of those cases were such that you could not call them anything else. 
They are there; anybody can go and look at them. 

Q. Well, now, a large number of people that you \asited there were 
in the schools, children in the schools, were they not?— A. Yes. 

Q. Is there not a regulation on the reservation wlfich makes it 
necessary for the local physician, the physician at the agency, the 
contract physician, to exclude from the schools those who are afflicted 
^^ith trachoma ? — A. I believe that is construed to mean trachoma in 
the active stage; that is my impression; it is believed that unless 
there is secretion when trachoma is present that such children may 
be allowed to go to school; in fact, if you excluded all the tracho- 
matous children from the schools on the Indian reservations you 
would not have much school. 

Q. Well, our experience with the doctors so far has been that they 
have excluded those who were afflicted to any extent known to them 
with trachoma except St. Maries, over near Omak, where, I think, 
they are excluding them now, but the Father has insisted that they 
be retained; I forgot to ask the agency physician at 'Fort Simcoe day 
before yesterday, but a little incident occurred wliile I was there: An 
Indian came down and spoke to Mr. Carr, the superintendent, stating 
that his little girl had been examined by the doctor and traces of 
trachoma were found, and he said she could not attend the schools; 
and I asked all of the doctors that I examined whether they permitted 
children afflicted A\ith trachoma to any extent to attend the schools 
or to enter the schools and they said they did not; they examined 
them carefuUy and excluded them. 

As the Congressman suggests, I omitted to ask how long that regu- 
lation had prevailed, but it struck me in looking over your report — 
and that was true of the other doctors who made investigations — 
that they based their estimate of the percentage of trachoma and 
tuberculosis, to some extent at least, upon the pupils or children 



YAKIMA INDIAN RESERVATION, ETC. 193 

they oxamined in the schools who had theretofore, accor(Hng to my 
understaiKhng, been exammed by the physician, and you would not 
naturally have found such cases there. — A. Yes; that is quite true, 
especially of tuberculosis. 

Q. Now, doctor, what do you think is the cause of trachoma, for 
instance, among the Indians? — A. Well, evidently the disease has 
been among them a long time and it was not known. They live under 
such conditions as make it very easy for trachoma to pass from one 
to the other; they use common towels, for example. 

Q. It is a communicable disease, is it? — A. I regard it so, certainly; 
there is a question as to how communicable it is, but I have no doubt 
that trachoma will one day be separated into more than one entity — 
more than one condition — perhaps, just as typhoid fever and typhus 
fever were once classed together. It is possible and probable that 
to-day there is more than one condition which presents a jiicture, 
wdiicli we call " trachoma," whicli have separate causes, one of wdiich 
may be fairly contagious and the other less so, but when they pre- 
sent a pectdiar clinical picture we have no option but to call it " tra- 
choma," because we don't know wdiat else to call it. 

Q. If you will, proceed and tell us the cause among the Indians. — 
A. I have seen a number in the same family who, I beUeved, were 
infected from perhaps getting the secretion on the fingers; they don't 
w^ash their hands very often; one httle fellow gets it on his finger 
and gets it in the other's eye ; they use the same rag that lies around 
without washing. I believe in the trachomatous eye when the secre- 
tion is active; if that gets from one eye to the other it is quite apt to 
produce trachoma; that, I think, has been proven. 

Q. Well, do the mothers use any degree of care in treating the 
children? — A. The Indian never knows when he has got trachoma 
and when he has not, as a rule. I have seen children walking around 
who, lookmg at them ordinarily, if you were not looking for trachoma, 
vou woidd never suspect they had it. 

The Indian does not complain of trachoma until his eye ball is 
affected, as a rule — says nothing about it. You ask him if there is 
anything the matter with the eye, he will deny it. I beheve the 
actual inconvenience the Indian suffers is less than a white man. If 
a white man gets it, he does com])lain. I have walked around with 
the doctor; perhaps there would be no secretion visible around the 
eye; turn up the lid and you could pretty near scrape the granula- 
tions off his lid — very thick; it was a revelation to me. 

Q. Are you liable to confuse granulated lids with trachoma? — A. 
They are the same thing. 

Q". They are the same thing? — A. Yes. 

Q. It is a disease of the conjunctiva ? — A. It is a disease of the con- 
junctiva, primarilv. I believe. 

Q. That is rather painful to the whites, isn't it ?— A. It is, especially 
in the acute stage. 

Q. Now, is filth a cause or a contributary cause to trachoma ? — A. 
Filth and poverty combined. 

Q. How is that ? — A. Well, it is a fact that the poorer classes of 
people everywhere suffer more from trachoma than people who live 
under better hygienic conditions. Perhaps they are better fed, have 
more power o! resistance; also, they are more clean in their per- 
sonal habits. 



194 YAKIMA INDIAN RESERVATION, ETC. 

Q. What do you find the conditions of the homes? You say you 
visited from 15 to 30 homes on each reservation. — A. Yes. 

Q. What did you find the conditions of those homes? — A. Well, 
the vast majority of them were dirty. 

Q. How dirty? Just tell us about what you found. — A. For exam- 
ple, in going into the yard you will find human excrement all around 
the house, on the doorstep, perhaps, maybe on the })orch, maybe 
on the floor of the house. You will frequently find piles of dirty 
rags strewn around on the floor and children lying on them. Their 
personal appearance frequently is as if they did not bathe or wash 
their hands very often. There are exceptions to this, quite a num- 
ber of exceptions. Many of them live in houses that they keep 
shut up all the time; they won't ventilate them. If you o()en a 
wdndov.-, he will shut it as quick as your back is turned. He resents 
your telling him he should keep his window open, I am told; he 
didn't say much while I was traveling amongst them. Almost inva- 
riably the house was shut up: no ventilation, dark, which is another 
very bad thing. 

Q. What per cent of the people in those homes you visited could 
speak the EngUsh language ?^ — A. What per cent? Of the older 
ones, I would say perhaps 25 to 30 per cent speak reasonably well; 
that is you could understand them. 

Q. You tliink they understand you? — A. Not everything; con- 
versing about simple thmgs, perhaps they would, but you could soon 
get out of their vocabulary when you are talking to them. I ex- 
pect that estimate is rather high; of the younger ones, there were 
quite a good many; the younger the Indian, as a rule, after he at- 
tended school, the more apt he is to speak English. 

Representative Burke. How did you find the houses as to 
whether they had board floors or dirt floors, and what did the furni- 
ture — how were they usually furnished ? — A. There were usually 
board floors — a few dirt floors. There were some tents on the Fort 
Hall Reservation— a number of tents. 

The furniture was scant — frequently no chairs at all — one or at 
most two beds — sometimes a bedstead; more often no bedstead at 
all; they sleep on blankets and quilts, things like that on the floor; 
very few ornaments in the house; exceptionally you will find some- 
thing quite different, but there were relatively few houses that 
compared to the average farm house in the country of a white man — 
favorably. 

Q. What seems to be their custom as to cleanliness of their person, 
and in their apparel, as to whether it is laundered occasionally? — A. 
Well, they are usually dirty in their apparel; there are exceptions 
of course, but that is the rule. 

By Senator Townsend. 

Q. Did you find any indications in their homes generally, that 
they had a change of clothing that they could put on ? — A. I didn't 
particularly note that, but there were always some clothing besides 
what they had on; I think, as a rule, but just what it consisted of 
I didn't go into very carefully. I was so hurried and had so much 
to do in a given length of time. 

Q. You noted that the homes were generally poorly ventilated, 
did you state? — A. Yes, very poorly ventilated — very poorly. 



YAKIMA INDIAN RESERVATION, ETC. 195 

Q. What were the romcdies that you foimd wore being used on 
the reservation where you visited? — A. Tlie rcuncnlics ? 

Q. Yes. — A. In general? 

Q. For trachoma? — A. There were very few cases of trachoma 
under treatment. The physician usually was not aware of the 
existence of the disease; he'had not looked for it, and consequently 
"he had not seen it; as I say, the Indian does not come to the doctor 
until very late; but usually when remedies were used, it was the 
copper sulphate stick — arg'urrol and solutions of boric acids. 

On the Fort Lapwai Reservation, Dr. Ally operated on some 
cases, using the Knapp forceps, crushing the granulations, and re- 
mo^^ng them; he operated on four cases while I was there — at 
least the two of us did. 

Q. In these homes were you were and discovered trachoma with 
the agency physician, was any arrangement made to treat those 
cases which you found there? — A. I believe that in very nearly 
every case the doctor prepared to do what he could. The doctor 
at Nespellum wrote me that he was treating his cases. Pie began 
the treatment of some cases before I left. 

Dr. B chanan wrote me several tunes later that he was treating 
cases; he was treating one or two cases when I got there, at Cleellum; 
the doctor at Simcoe was treating a number of cases while I was there. 
He had the best line on his cases of any man I saw. 

At Fort Hall, I don't knoAv what they did, but I presume they 
went to treating right away, because the doctor there impressed 
me as being a very conscientious man. He admitted very irankly 
he overlooked his cases. He did not try for a minute to excuse 
himself. To the contrary, he was stunned to think that he had 
overlooked these cases. 

Q. Did you discover any attempt — I am not saying whether it 
was possible or not for the doctor to do this — we have already talked 
about this — but did you discover in the course of your visit over the 
reservations any attempt on the part of the agency doctors to find 
out how much trachoma and tuberculosis existed on their reserva- 
tions and to treat the same? — A. With regard to tuberculosis, I 
think nearly all the men did wdiat they could toward finding those 
cases and makmg a record of them. They did not particularly 
drive around from house to house lookmg for them, but usually the 
Indian, when he gets tuberculosis begins to cough and comes for a 
remedy. 

I don't believe that the doctors had any idea that trachoma was 
prevalent, and I believe that many of them, perhaps, had not had 
sufficient experience m makmg a diagnosis of trachoma to pick up 
these cases. 

They examined carefully for tubercidosis when they came into the 
school. I don't know just what kind of an examination they have 
been making for trachoma but certainly aU the doctors, except the 
man at Simcoe, were very much surprised when they went around 
with me looking at those lids. The man at Simcoe ki^ew he had it. 
In the beginning the physicians would tell me, "Doctor, I doubt if 
we have any cases of trachoma on our reservation." I don't recall 
just who they were- who said that. They were usually very frank 
afterwards in saying they had simply overlooked it. 



196 YAKIMA INDIAN EESEEVATION, ETC. 

Q. Then Avhat you say, Doctor, from the result of your hivestiga- 
tion as to whether effective methods for the ])revention and ciire of 
trachoma and tuberculosis are being employed on these reserva- 
tions?- — A. At the time of my visit, no; I don't know what is being 
done now. At Lapwai, of course, there is a tuberculosis sanitarium, 
and they are doing a great deal there. More was bemg done for 
tuberculosis than trachoma. The treatment of tuberculosis usually 
consisted in sending these people to the sanitarium. Situated as 
they are, you can not do much in their homes or at least they have 
not been able to do much so far. 

Q. Then, if I may put the question again, Doctor, your investiga- 
tion discloses that the methods that were employed were not very 
effective ?— A. That is true. 

Q. You approve, of course, I take it, the idea of excluding from the 
schools children who were affected eitlier with tuberculosis or tra- 
choma? — A. That is a question about which I have thought a great 
deal. The State board of health of Washington takes this position: If 
the child has trachoma in the active stage, he must be removed from 
school or I believe treated by a physician during the time he is in 
school. Nothing is said about those who have the disease in a latent 
stage. My personal opinion is in so far as the Indians are concerned 
that it would be well to segregate those children who have trachoma 
and let them go to school and put the others in a different building. 
I would not in the Indian school exclude trachomatous children 
except when the disease is very active, but I would segregate them 
if I could. 

Q. The teachers are intelligent usually, are they? — A. Yes. 

Q. And it could be fairly presumed that they would have this 
disease in mind and would be able to handle it to some extent and 
keep them clean and perhaps keep them separated ? — A. Yes, I 
believe the teachers could be easily taught to recognize the disease. 

Q. That is a thing that has struck me with a good deal of harshness 
since I have been here, namely, the exclusion of children upon e^ ami- 
nation from the schools, and when I examined the doctor he says he 
pays no attention to those children thereafter unless they come to 
him and they seldom come to him. 

Representative Burke : 

Q. Doctor, if there was a place where these children couid be 
treated and cared for, what length of time would they have to be 
segregated from the other children in school? — A. Well, in the indi- 
vidual case it might mean months. I don't believe that for a number 
of years at least you could do away with your two buildings for your 
children, because as some cases recovered others would develop. 

Some cases of trachoma run on for years; certainly when they are 
treated you would not expect to cure under several months ; generally 
the children would need actual treatment every day for weeks; then 
perhaps every other day for months and perhaps once a week for 
months. It is a very chronic affair. 

By Senator Townsend : 
Q. You never know just when to say it is cured ? Do you favor 
the estabUshment of a hospital or sanitarium for the treatment of 
trachoma among the Indians ? — A. Centrally, where all of them are 
sent for all over the reservation. 



YAKIMA INDIAX KESERVATIOX, ETC. 197 

Q. AVell, in the first place, is there any benefit to be derived from 
a hospital? — A. The families are so scattered over the reservation 
that I believe with very moderate accommodations at the largest 
schools or at every school where it is possible is the better thing 
instead of building one big hospital on a reservation. I would ar- 
range as economically as I could a ])lace where these children can be 
treated. They don't have to be housed and fed in the liosi)ital while 
they are being treated. They could be treated right tliere at school. 
There is very little equipment necessary. 

Q. Don't you propose to treat any but the children? — A. The 
same can apply to the adults. The adults can daily come for in 
treatment. 

Q. To the school building? — A. To wherever this is located. 

By Representative Burke: 

Q. You mean come daily for treatment? — A. Yes. 

Q. Well, would they come ? — A. Probably not, unless some pres- 
sure can be brought to bear on them that they can not bring now. 

Q. Are not the distances so great in many instances that it would 
be impracticable for them to come frequently? — A. At the same time 
it is more practicable for him to come to the doctor than it is for the 
doctor to go to him. That I am quite convinced of. 

By Senator Townsend: 

Q. Why?— A. In the first place the doctor can treat 50 or 100 
cases a day if they come to him; if he goes on the reservation he 
will do well if he gets 15 or 20 cases. 

Q. Not always liable to find them at home when he goes there ? — 
A. It is difficult to fix up things just like you want them in the home. 

Q. Can there be any effective remedy for tliis condition, except 
where the physician sees the patient as frequently as it is necessary 
to treat the case? — A. No, I don't know of any. 

Q. What would you say as to whether the children, or the Indians 
rather — in any considerable number, would leave the reservation 
to go to some central sanitarium, or hospital, located in some other 
part of the United States, off of the reservation? — A. I think that 
would be very impracticable. 

Q. Did you discover what the thsposition of the Indian was with 
reference to leaving his home ? That is, trachoma and tuberculosis, 
both, I am talking about now? — A. The Indians now is rather averse 
to leaving the home for treatment, for the reason that such treatment 
as he has been getting has not been very productive of results, owing 
to the conditions. I believe that if those Indians once realized that 
when he left home and went to this place, and got well, then he 
would go wilhngly. 

That statement is borne out by my experience with Indians in 
Ecuador. When I first established a plague hospital and tried to 
induce those people to enter it, and to take the serum, they would 
not go, and frequently I took them anyway. But after we had 
been running for 8 or 10 months, not infrequently they would come 
to the hospital themselves to enter, or if I was working across the 
street trying to get somebody to go, somebody who had been to the 
hospital, or had a friend there, so that they were resisting, they would 
come over and do a good deal better pleading than I could to get them 
out there, and finally we practically had no trouble at all. They 



198 YAKIMA INDIAN EESEEVATION, ETC. 

realized their chances of getting well were good. They were treated 
weU, and they did not hesitate. 

Q. Can you make a favorable comparison with the people there 
and the Indians here ? Are they actuated by about the same motives, 
do you think? — A. I should think so, except that the Indians there 
have no help from the Government, and work harder, necessarily, 
than they do here. 

Q. More self-rehant ? — A. They wiU do most any kind of work 
there; they are very valuable workmen on the railroad, anything 
like that ; they work hard . 

Q. Did you make a report. Doctor, on your findings ? — A. Yes, sir. 

Q. Who prepared the report ? — A. I did. 

Q. Was it published as you made the report? — A. It was too 
long, I suppose, but the essential matter in my report was published ; 
yes. 

Q. W^as anything left out of that report in the way of suggestions 
or recommendations that you made ? — A. The most of my recom- 
mendations are incorporated in that report. I don't believe that 
there is anythmg of importance left out. I have a rough copy of that 
report I can look at and see. 

Q. Well, you would know — I had hoard uuofhcially, and perhaps 
from very irresponsible sources, that there were some suggestions 
made by some of the doctors in charge of the district which were not 
published, and I was wondering if your attention had been called to 
anything which you had recommended? — A. No; I felt that much 
more of my recommendations had been embodied than I had any 
right to expect. I was surprised really that so many of them were 
incorporated. 

Q. Since making that report after your investigation, have you 
any individual suggestions or recommendations to make at this 
time? — A. I don't know of any that I could recommend, unless it 
were, if possible, I would arrange at every school an inexpensive 
place for the doctor to take care of his trachoma cases that are in 
school. I would not exclude all trachoma cases from schooling, but 
I would segregate them certainly. I believe that could be done at a 
very moderate expense. I would have accommodations where the 
doctors are located to take care, say of half a dozen people, if possible, 
and any who are sick on the reservation could be brought there and 
given a chance to get well. I don't refer to trachoma particularly 
in that. Trachoma is a simple matter if you can get the patient to 
go to the doctor; the doctor can treat him. 

Q. And can cure him as a rule? — A. Certainly benefit liim a great 
deal; yes. I would have nurses put at other places, under the super- 
vision of the doctor, where this same thing is carried out. For 
example, the doctor on the Colville Reservation is at Nespelem. I 
would have nurses in the district who would take care of other cases 
under the doctor's direction, and have the doctor get around once a 
week if he could to see what she was doing; visit from place to place; 
but leave a riurs;^ in charge when the doctor would not be here. 

Q. Are there sufficient nurses on these reservations you visited ? — 
A. I never saw a nurse during my visit — I will take that back — no; 
I believe there are; no; th(re are not; there was a nurse at Simcoe. 

Q. How many nurses, according to your suggestion, would be 
sufficient on the Colville? — A. That is difficult to sav; but inasmuch 



YAKIMA IXDIAX EESERVATIOX^ ETC. 199 

as this is an experiment, I woukl start out on u sniallei- scale; per- 
haps three of four nurses. If I saw they were doing good work, 
increase the numl)er according to my needs. 

Q. Could other employees of the Government service be useful hi 
this work?— A. The teacher could be made useful; there are men who 
can combime sufhcient knowledge of theu" teacirnig profession and 
sufficient knowledge of the treatment of trachoma cases under the 
doctor's care who can be put m charge of those schools; and if the 
teachers can not learn, I believe teachers can be gotten who can learn. 

Q. It has so occurred to me, doctor, and I was going to ask you 
this cjuestion, in view of my notion with reference to the matter: 
Couldn't the teacher possess the requisites for a nurse and care for 
these children who wen^ affected with this disease, hi its hiception at 
least, to good advantage? — A. I believe it would be an excellent plan 
if trained nurses who were willing to teach could be secured, to put 
tlumi to teachmg. 

Q. Do you know about what they are receiving, the teachers are 
now? Did you discover that in making your investigation? — A. 
Yes; in some instances. I believe from four to seven hundred or 
eight hundred dollars a year, or more. There is one instance I 
would like to mention if I may, of a lady who is teaching at Puyallup. 
I am certaui I don't remember her name. This lady mtroducod the 
Montessori method of teaching among the little fellows. To do that 
she took her own vacation, paid her own expenses to Xew Jersey to 
learn about this method, and came back and introduced it, but she 
w^as never able to get remuneration; to get her expenses back. 

Q. What is this system generally now that you refer to? — A. The 
Moiieessoii method ? 

Q. Yes, si]-. — A. That is tlie system followed by Madame Monces- 
sori, of Italy, first in teaching the feeble-minded. She did so well 
with her pupils, with these feeble-minded, that they were able to 
pass examinations that normal children their age were taking. Later 
she was developed by the teaching profession and by the Italian 
Government and by friends to where slie has all over Italy what 
she calls "houses of cliildhood," where little fellows are brought 
together and are taught cleanliness and how to use their hands. 
They have their little chairs and tables that they arrange them- 
selves; they wait on each other; they serve their o\vn meals to each 
other. Tliey have their special apparatus to develop the senses. 
For example, there will be a number of boxes containing, perhaps, 
grains of sand or small stones — any thing of that kind; the little 
fellow takes it up, shakes it, and guesses what it is. 

He is taught to take up square tubes of light wood, piles them 
on top of each other, and carries them across the room without 
dropping those things. All of his senses are developed along those 
lines, and gradually he is brought into reading. In this connection 
there is special apparatus necessary, wliich does not cost very much — 
about $50 — and these children take to it very kindly. These little 
fellovvs at Puyallup were particularly interested; the child develops 
itself under this system. 

Q. Is it possible, in your judgment, to have any effective improve- 
ment — permanent improvement — unless the Indian himself partici- 
35601— PT 2—14 9 



200 YAKIMA INDIAN EESERVATION, ETC. 

pales in tlie plan? A. I don't think so; no, sir; certainly not as 
effective as it would be if the Indian would become hiterested. 

Q, Then, do you regard that as one of the duties of the Govern- 
ment to teach "the Indian to help himself and to understand the 
things that the physician has in mind when lie is trying to reach 
a cure? — A. I do; and I consider one of the most important things 
in treating the Indian is to teach him English so that he can under- 
stand what vou are about. 

Q. Do they all teach this in the schools?— A. Yes, sir. 

Q. Did 3^ou meet all the physicians of these agencies which you 
visited? — A. All, except one case; the Spokane Reservation I did 
not meet the physician. He came in just as I was getting out. 

Q. What can you say as to whether they are competent? — A. I 
believe that those men, with proper supervision, can do about as 
much as any one else who could be gotten there for their salaries. 

Q. What\'lass of doctors enter the Indian service in that capac- 
ity? — A. It is hard to say; sometimes young men who are just out 
of college, who are really good men, who have never had — have 
always been poor, for example; do not realize that the remuneration 
is inadequate. They go into this service, and after they stay in it 
for a long time they hardly feel like going anywhere else. 

Occasionally vou find a bright man in the service who is there for 
some reason of his own. Dr. Ally, at Lapwai, is a very good man, 
I thhik. I think he is in the service because he has tuberculosis. 
He is well now, but he has a relatively good position and is doing 
good work. 

The man at vSimcoe is a parti'-uhvrly good vAan, I thmk, all around. 
He impressed me that way. 

Q. Dr. Wimberly, is that?— A. Yes. Kelly at Nespelam is a 
good man. The nian at Fort Hall is a man that has been m the 
service a long time. ... . 

^Frequently a man in the service has not, perhaps, the untiative, or 
he has not sufficient initiative to hammer away and get what he 
wants; he is hampered; his hands are tied. To illustrate this, they 
were building a sanatorium— rather, not building, but putting 
screens on a "sanatorium in Lapwai to keep out the flies; the car- 
penter came along and he began to put on the screens and he left a 
hole at the bottom that a rat could crawl under; the doctor remon- 
strated with him; he resented the doctor's interference, and the 
doctor told me that the matter was referred to the agent at the time; 
that no satisfaction could be obtained. 

I don't know whether he went over the agent's head or not, but I 
saw the screens and the place was as full of flies as it could be; they 
called it, at that time, "the Government fly trap." The doctor had 
finally been made superintendent, and he put in sc reous that were 
effective in keeping out flies. 

By the way, I did not see any one building durmg my work that 
was properly screened from flies. The sanatorium at Lapwai was 
being screened jH'operly. All the other places there were single 
screen doors instead of double. . 

Q. Do you think you could get better doctors if they paid bigger 
salaries?— A. Yes; I think so. , r u ^ 

Q. What can you say as to whether there is an actual need ot bet- 
ter doctors on the reservation ?— A. There are perhaps some who 



YAKIMA INDIAN EESERVATION, ETC. 201 

should be retired, but I believe the majorit}' of those men, if their 
work were mapped out for them and supervised, w^ould make good. 
Congressman Burke. Were there many of the doctors you came in 
contact with young physicians who had had only a little experience ?— 
A. No; Dr. iCellyVas the only man who was young. 

By Senator Townsend : 

Q. Did 5^ou meet the doctor over at Fort Spokane Agency?— A. 
No; I did not meet him; he was going out just as I came in; I believe 
that one trouble is that there is no uniform centralized plan of cam- 
paign; on the reservation heretofore, the physician has been a 
separate unit. He has made no extensive report to anybody except 
in special cases. He usuahy does not report what he is doing. There 
seems to be a lack of effective central organization for that branch 
of the service. 

Q. What would 3"ou say as to the advisability of transferring this 
health service of tlie Indians to the Marine Hospital Service? — A. 
There are many things to be considered ; personally, I think it would 
be a disagreable work for the average physician in the Pubhc Health 
Service, but I have no doubt he would do the work, and, once it had 
to be done, he would do it willingly and pro])erly. It would cost 
quite a little more to do the work, for the reason that the salary of the 
Public Health man is much larger than that of the Indian physician. 

Q. Well, I am anxious to know your opinion as to the results that 
could be obtained by this transfer, if one were made.— A. I believe 
results would be obtained, because I know the men m my service 
prettv well, and they usually, when thev are sent to do a thing, they 
doit.' 

By Representative Burke: 

Q. In the Public Heath Service, are the regulations and powers of 
the physicians greater than they are in the Indian Service ? — A. Oh, 
yes, infinitely so. 

Q. That is, in the Indian Service, as I understand it, one of the 
difficulties is that physicians haven't got powers enough? — A. That 
is true. 

Q. They can suggest or they can direct what an Indian ought to do, 
but he hasn't any means of" enforcing it, as they do in the Public 
Health Service ?— A. That is very true. 

By Senator Townsend: 

Q. And also, is it not true, if it were transferred to the Public 
Health Service, there would be some head to it, and a general sys- 
tem too ? — A. There would undoubtedly. 

Q. And none exists now, in the InVlian Service? — A. I beheve 
there is a supervisor in charge in Washington, but just what his plan 
of organization is, I don't know. 

Q. Does he make a report ? — A. I presume he reports to his supe- 
riors. 

Q. Have you even seen a printed report of that service? — A. No, 
I never have. 

Q. What is the effect of general education upon the health of the 
Indian? — A. Undoubtedly, it improves his health; the more the 
Indian knows, the betterlie is going to care for himself, and almost 
invariably the half breeds were in better condition than the full 
bloods, or quarter breeds. 



202 YAKIMA INDIAN KESERVATION, ETC. 

Q. You answer this from the result of your investigations? — A. 
Yes; my observation too, if I may be allowed to make it, is that the 
Government schools are doing better work than any other schools on 
the reservation regardless. 

By Representative Burke : 

Q. The Government schools? — A. Yes. 

Q. By that, you mean the agency schools? — A. Yes. 

Q. Did you notice any Government nonreservation schools? — A. 
Yes, there is not a great deal being accomplished; the day school 
where the Indian is there alone, is not in my opinion as good as the 
boarding school, in so far as his education is concerned. If they are 
in the same school as white children, I believe it would be better for 
them. 

By Senator Townsend; 

Q. I was going to ask you that; you think the mixed school is the 
best kind of school? — A. So far as the Indian is concerned. 

Q. Wliat do you think of the white child ? — A. If the Indian does 
not have trachoma or tuberculosis, I see no objection to his entering 
the wdiite school, from the standpoint of the white child. 

Q. Well, proper supervision could exclude that all right ? — A. Yes. 

Q. Did the Indians whom you visited understand the dangers of 
infection and contagion ? — A. '^As a rule, no, they did not. 

Q. Did they understand you when you explained to them, you 
think? — A. They understood as a rule what I w^as there for, but 
often they w^ere indifferent about it. I didn't have time to explain 
what they should do; I was simply investigating to report on condi- 
tions. 

Q. Then, did you make any suggestions to the people at the time 
where they found diseases ? — A. Yes. 

Q. Did you find in existence the old Indian doctor in any cases ? — 
A. Yes. 

Q. AYhat can you say as to the amount of work he is doing among 
the Indians now— the medicine man, I mean ? — A. He does compara- 
tively little. 

Q. Do you know whether the Indians, any considerable number of 
them, still have confidence in their medicine men ? — A. I think that 
the younger ones have very Httle confidence, but when the Indian 
is sick I think most any of them would resort to them if they couldn't 
get anything else. 

Q. Is there any virtue, in your judgment as a scientific man, in the 
treatment of the medicine man ? — A. No. 

Q. Is it more detrimental than beneficial ?— A. Certainly I think so, 
because it perhaps prevents the Indian from learning what is good for 
him, 

Q. \\Tien the Indians fail to get relief from the agency physician, 
does that tend to make him lose confidence in the Government? — A. 
Yes; it does. The Indian does not understand that either. The 
Indian does not realize that the treatment of disease is more than 
giving a few pills or a httle medicine; he has not grasped that yet. 

Q. Now, I understood you to say that there is a difference in the 
condition of health and in their willingness to accept treatment, be- 
tween the old Indian and the younger Indian ? — A. Yes. 



YAKIMA INDIAN RESERVATION, ETC. 203 

Q. And especially between the ohler Indians and the younger 
Indians who have attended schooH— x\. Yes; a marked difference. 

Q. What can you say, doctor, as to whether the management of 
the affairs of the Indians by the Government has actually improved 
their condition, or whether the Indian if left to himseff would have 
been just as well off, or ])erhaps better off, than he is after Govern- 
ment supervision ? — A. I must say the Indian is better off for having 
been supervised. 

Q. You, of course, are familiar with the report you made m 1912 i^ 

Q. Anci you noticed the excellent condition of health existing 
among the Navajo Indians as compared with the others? — A. I was 
not among them. 

Q. You noticed that report ? — A. Yes. 

Q. The printed report of 1912, which contained the result of your 
investigations 1 — A. Yes, sir. 

Q. You noticed in there that the Navajo Inihans were m much 
better condition ?— A. I believe that I recall that now, since you 
mentioned it. I read it hurriedly at the time. 

Q. And they have perhaps had the least done for them of any of the 
Indians?— A. I might say this: That I beUeve that a system that 
would tend to make the Indian depend on himself, and as much as 
possible throw him in contact with the white man, would be the best 
for the Indian. 

Q. ^Vell, how would you s iggest that that be done ? — A. i would 
have to think over that before I could give you a really uitelligent 
answer. So far, I have only thought of the medical side of the 
trouble. There are men who have been years working on the other 
side. 

One thmg I world sav, as nearlv as pcssible I VvOild get men who 
are in charge of Indian* affaks who, after they are acquauited with 
the Indians, become enthusiastic over their work; men who will 
understand their problems and trv to help the Indians themselves. 

There are such m.en in the service to-day. There are other nien 
who are wcu'ldng just as hard, but who have not the missionary spirit 
of it, as I mav refer to it. I do not mean in a religious sense, but who 
have not the feehng for the Indians. Other men who, perhaps, do 
not work anv harder have. I met several men in the Indian service 
who impressed me as understanditig the Indians more than any 
others I had met, and v.ho were vr( i&g along lines which produced 
the best results. 

O. What per cent of the children over the reservation where you 
were were attending school ?— A. Those that were of school age, the 
percentage was large; I should say, exchiding cases of tuberculosis, 
that it ml-.st have been 90 per cent; perhaps not that large, but cer- 
tamlv high; I found very few- children of school age in the homes. 

Q.' Did vou find the schools pretty fill, generally, where you 
visited? — A. Yes; except the school near Lapwai, and perhaps at 
Coeur d'Alene. There were a good many, they t. Id me, \\dio had not 
A^et come in. 

Q. Did you find any disposition among the i Ider Indians to keep 
their children awav from school ? — A. Yes. 

Q. What were their reasons for that ? Did they give any ?— A. i 
don't recall anv of these having been given by an Indian; no. 



204 YAKIMA IXDIAX EESERVATION, ETC, 

Q. Well, what did you learn was the reason? — A. I believe that 
the Indian, m the first place, wants his child at home because he likes 
to have him there, either for his companionship or for his usefulness; 
I think that is the prime motive. That is really an opinion. I have 
heard it stated that the Indian says it seems that when his child goes 
to boarding school he gets tuberculosis; he never says anything about 
his eyes; as a rule, the Indian absolutely ignores the fact that he has 
anything the matter with his eyes, and 1 have picked out some of the 
worst cases of trachoma, as far as their critical appearance was con- 
cerned, and they would stoutly deny that they had anything the 
matter with then- eyes. Others w^ould admit it w'ithout any ciuestion. 

Q. Did you find any cases at the schools you visited ?--A. At the 
Fort Plall School, especially, the conditions' there were such that I 
have no doubt there was a great tendency towards developing 
tuberculosis. 

The man there realized that and the doctor told me frankly, "Doc- 
tor, frequently they come in here feeling and looking very well at 
the beginnmg of the school and I have to send them home after a 
few months tubercular. We are doing the best we can with what we 
have." I suggested that if they could not do any better that they get 
sleepmg bags lor them and let them sleep out on the porches. They 
had built a porch but it was so cold there it is hard to have them 
sleep out in the dead of winter. They thought it was a good suggestion ; 
I don't Imow as they did; of course that would be lunited — although 
I suppose there are a good many schools where it is pretty cold. 
That is about the only place in Idaho or Washington where "it is so 
very cold as the boarding schools; I doa't know how cold it is at 
Yakmia. 

Q. What can you say, Doctor, as to whether after your investigation 
and your familiarity with the Indians the organization of the Indian 
Service so far as it relates to hygienic and sanitary conditions and the 
health of the Indian is concerned, w^hether it is satisfactory or not ? — 
A. Very unsatisfactory. 

Q. You believe it should be reorganized m some way ? — A. Yes. 

Q. Have you any definite plan as to how it should be reorgan- 
ized ?— A. I believe that no one man shoidd be given the work of re- 
organizing that service for the reason that three good men can formu- 
late a better plan than one or a half dozen good men, for instance, than 
one. It is a hard question to answer in a way without saying things 
that I would rather leave unsaid. 

Q. I hope you won't hesitate to say anythmg because you are 
forced practically to testify. You are not. " We don't want to em- 
barrass you. We are very anxious to get the ideas of men who have 
given this thought and are worth considering. — A. I have been m 
the Public Health Service as I stated for nearly 14 years. I believe 
ours is one of the very best services there is in so far as organization is 
concerned. I think" our plan is ideal or at least has given better 
results than any other organization of which I know. I would reor- 
ganize the Indian Service" <n long those lines. I world have a strong 
central bureau of men wh(^ are there to do this work and v.dio are to be 
held accountable if they do not do it— men who will see that the men 
in the field are put right and reriuii-ed to do their work; that is what I 
am to do ; I am given my liberty to do my work in my own wav, but 
I have to get results. 



YAKIMA INDIAN RESERVATION, ETC- 205 

It should be the same way with the dixitor on the reservation. 
"Now Doctor, here is your ])articuhir problem; here is what is ])cirig 
done along other lines— take what of it fits your reservation and do 
what vou can to get results, and if there is anything in your way let me 
know" what it is." A central Imreaii who has the right to m.((uire what 
the doctor is doing or how he is doing it, and if he don't do it, why he 
didn't do it; I think that is what is lacking. 

Q You mean bv that vou would have a separate bureau from the 
public health?— A. That is a matter which somebody else shotild 

decich^. . i i- i i-i ^.i, 

Q. It would be more economical to put it in the public health than 
to establish a separate bureau would it not? — A. Yes, sir. ^^^^ I 
would say if that were done that I believe that the majority of the 
men now in the service should be put in the way of domg that work 
properlv m the Indian Service. 

Q. Could the men who are now in the public health service take 
on the additional duty to cover at least a portion of this work for the 
Indians ?— A. Without tliis force I should say no, certainly not. We 
have not enough men for our own work. 

Q. You could use some of the men already employed in the Indian 
Service, however. — A. Undoubtedly. 

Q. Would the health service be in a position to eliminate the 
incompetent and the unfit men who are now in the Indian Service?— 
A. I don't think so unless specially authorized to do so. 

Q. They would not be embarrassed in doing this if they had author- 
ity to do it? — A. I don't believe so. 

Q. I have been satisfied myself that we have physicians in the 
Indian Service that are there for perhaps temporary reasons and 
who are not properly impressed with the seriousness of the job. 
By Representative Burke : 

Q. They have a good many physicians who are contract physicians 
who receive such a compensation that they can not take the inter- 
est; for instance, on the Yakima as I recall they have contract 
physicians at two points who receive $200 a year; you would not 
expect very much for that compensation ?— A. No, you could not. 

Senator TowNSEND. They have got to live on their outside prac- 
tice, of course. 

Representative Burke. They make this contract with a regular 
practicing physician; of course he responds to calls, and that is all he 
is going to do. 

Senator Townsend. He admits that he does not continuously go 
there unless he is called. He doesn't make any investigation or 
attempt to make any as far as that is concerned. I don't think of 
anything further now, Mr. Burke. 
By Representative Burke: 

Q. Doctor, in visiting the homes of Indians upon the different 
reservations, what kind of reception did you get; what was the atti- 
tude of the people that you found in these homes ? A. Usually inter- 
ested and usually ciuite cordial; rarely were they openly resentful; 
not infrequently indifferent. In many instances they were very 
anxious to find out if anything could be done for them; they were 
looking for something. On the Nez Perce reservation I was very 
much surprised to find that they were not only very indifl'erent but 



206 YAKIMA IIs'DIAX EESERVATION, ETC. 

more resentful than anywhere else — suspicious, quite so — and yet 
those who were in the sanitorium were quite happy and contented. 

Q. Did you have with you an interpreter so that you 

A. Yes, 1 always went with an interpretor. 

Q. And did you find them in some instances reticent to respond 
to your questions that you would ask of them or decUne to let you 
look them over or examine them? — A. Very unusually; as a rule I 
had no trouble at all. 

Q. No trouble? -A. No. 

Q. They seemed to be entirely wilhng ? — A. Very. 

Q. To give you any information they could and allow you to look 
them over ^ — A. Yes, sir; frequently quite glad to have me do it. 

Q. In examinations of children outside of the schools how did the 
percentage of trachoma compare with the children that you found 
in the schools? — A. It was generally less because the children were 
younger, had not had as much opportunity to get it, although I found 
children under a year old with trachoma. 

Q. Then you found the percentage as you recall less of the cliildren 
that you examined outside of the schools than in the school ? — 
A. Yes, a little less, although the difference was not as small as one 
might suppose. 

Q. Then that would indicate that of the schools you visited there 
could not have been any regulation in force by which examination 
have been made and children with, trachoma rejected ? — A. I am 
sure that very very few children have been rejected for trachoma; 
just what examination has been made I don't know but it was a 
common experience to walk into a school and pick out case after case 
of trachoma. 

Q. Do you recall finding many children outside of the school that 
you learned had been excluded from school because of trachoma ? — 
A. No, not for trachoma. 

Q. Then so far as your observation goes you saw no evidence 

A. Except at Simcoe. 

Q. That any regulation was being enforced with reference to 
excluding trachomatous children from school ? — A. Except at 
school there had been some excused. At Pullalip also there had been 
some excluded. 

Q. Did you have an occasion to obtain information in the homes 
you visited as to the method of preparation of food used by the 
family — regularity as to meals, and whether they were sufficiently 
fed? — A. Yes; the food is, as a rule, poorly prepared, insufficient in 
variety, at least, and perhaps even in quantity; that is especially 
true for children from 1 to 5 years old. I am told that the death 
rate among Indian children under 1 year old is less than among the 
whites, but from 1 to 5 years it is very very marked. That is because 
the Indian nurses her baby until he is a year old or more and he is a 
pretty healthy youngster until that age, but after that he is improperly 
fed until he gets big enough to eat all kinds of food; all kinds of food 
he gets, and consequently many of them die from that. 

Q. Don't you think it is true that much of the food that they eat 
is food that is reallv not fit for human beings to consume? — A. Very 
likely. 

Q. What would be the effect of that kind of diet on the health of 
a person? — A. Naturally a ])ooi-l3" nourished individual has less 



YAKIMA INDIAN RESERVATION, ETC. 207 

resisting powers to disease. A poorly fed and poorly housed person 
will contract disease easily, quicker than a well fed person, and he 
succumbs more easily once he has disease. 

Q. Do you think that trachoma may occur as a result of heredit- 
ary taint — if that is the proper way to express it? — A. I don't 
believe that trachoma is hereditary in the ordinary sense that we 
use the word. That a parent may transmit a tendency toward 
trachoma or any other disease, with which his race has suffered for 
a number of generations, I have no doubt. 

Q. In other words, if trachoma had prevailed in the parent and 
the grandparent of a child, a child would be more susceptible to disease 
than in a case of healthy parentage. He would probably take it 
easier, but it would probably affect him less. It would not give him 
near the inconvenience that it would. What about tuberculosis as 
to being hereditary? — A. I think undoubtedly that there is a very 
strong tendency to transmit it to offsprings. I believe, also, that 
calves have been born with tuberculosis. 

Q. Now, there is no doubt but what trachoma, if taken at the 
proper stage, can be completely cured, is there? — A. I would hesitate 
to say that every case can be completely cured. 

Q. No, but in the large percentage of the cases? — A. I think that 
is a fair statement to make, yes — cured in so far as making that indi- 
vidual a useful member of society. That is, he retains his vision, and 
also he is not a menace to his fellow. 

Q. What are the cases that can not be cured? — A. That would 
depend on the individual to some extent. I presume a case having 
gone on for years and years, once the eyeball becomes affected the 
patient develops a corneal ulcer, for exanriple, or that condition which 
we refer to as stophyloma, resulting in total blindness; of course 
partial at first and later full. 

Q. And what portion of the cases that you examined did come 
under your observation, do you think, could be cured among the 
Indians in" Idaho and Washington ? — A. I w^ould say all those who 
have any sight left could be treated. The majority of them, perhaps, 
put into a condition where they will not give the disease to another 
person and where they have useful eyes. There were perhaps many 
of them— many of the Uds have scars that would disfigure, somewhat, 
the eye. W^e generally consider a scar case of trachoma as cured. I 
have no doubt 60 per cent could be brought to a condition where 
there would be no deformity; the disease would be arrested; they 
would not be a menace, and "they would have useful eyes.^ Another 
20 per cent the disease could be arrested; they could retain fair vision; 
perhaps less than 5 per cent are hopeless. 

Q. Now, it is your opinion that trachoma has been prevalent 
among the Indians" of Idaho and Washington for a good many years ? — 
A. Yes; I saw some cases where I have no doubt from the history 
that they had been affected for 20 years. 

Q. And until verv recently no special attention has been given? — 
A. No. 

Q. To the treatment of the disease? — A. I wish to mention one 
case: A very well educated Indian on the Lapwai reservation — very 
well-to-do— had four children in school; on looking them over I 
found they were all trachomatous. I went to his house; the wife 
was free from trachoma, apparently, and so was his mother. I met 



208 YAKIMA INDIAN EESERVATION, ETC. 

him inucli later, and ho had on glasses; I examined his eyes and he 
had trachoma; not in a very active stage, but he gave a history of 
having been treated five or six years before in Oregon a long time for 
his eyes. All four of his children had it, and he was almost well, had 
very good eves, and was using his glasses — this as a result of his 
treatment, no doubt. 

Q. I was going to ask you about the probability of recurrence 
where it is cured "at the proper stage. I mean treated at the proper 
stage and perhaps a cure affected. Is there likely to be a recurrence ? — 
A. Not a case that is wholly cured; in cases that are not entirely 
cured but are apparently well, they should be looked after carefully. 

Q. Now, the large number of cases that you examined on these 
reservations in Idaho and Washington, did you find any real blindness, 
and if so, to what extent? — A. I don't recall exactly the number of 
blind I reported; I think it was seven or eight; some of it was due to 
cataract; some due to trachoma, I believe; but in a number of cases 
partial blindness certainl_y due to trachoma. 

Q. Now, what would be the ages of those you found blind, or nearly 
blind ? Would tliey be quite old or at different ages ? — A. As a rule 
they were old, but in some cases children 10 or 12 years old were 
almost blind. 

Q. Did you happen to see anv blind jiersons that you came in con- 
tact with?— A. Yes. 

Q. Where did you find them, in their homes? — A. Yes. 

Q. And did you make any inquiry or get any information as to 
whether or not such Indians were being given any special care? 
That is, did they appear to be looked after and receive proper sub- 
sistence and so forth? — A. As a rule they were cared for by the 
Indians themselves through the Indian family — I think, without 
exception; some of them seemed to be fairly well cared for; at least 
no complaint; there were one or two places where there was a rope 
stretched from the tent out forty or fifty yards and the Indian — 
that was about the limit of his daily walk ; he would go up and down 
that rope; that is as far as he would go. 

Q. Now I believe you stated that in your opinion you would not 
favor a central hospital for the treatment of either tuberculosis or 
trachoma ? — A. I think the central sanitorium is practical in tuber- 
culosis; I don't believe it is in t]'achoma. 

Q. Would you believe it would be desirable, for instance, to estab- 
lish a sanitorium somewhere in the southwest, perhaps new Mexico 
or Arizona, and to take Indians there for instance from Idaho and 
Washington to that place for treatment? — A. For tuberculosis, yes; 
barring the fact that they have a good place at Lapwai. Lapwai 
has a good climate and conditions there are excellent; they have 
plenty of milk and butter, produce their own food, feed well and are 
treated well. 

Q. You have ])ersonally examined that movement at Lapwai ?^ 
A. Yes. 

Q. There have they any hospital or place for treatment at the 
present time? — A. Yes, they have. 

Q. And what do you find the conditions there and what is the 
hospital that there is ? — A. Considering conditions under which they 
have labored I think they really have a very creditable institution, 

Q. Just tell us how it is constructed and equi])ped if you will and 



YAKIMA INDIAN RESERVATION, ETC. 209 

how many there are there ? — A. At the thne I was there there were 
about 60 pupils sick, that is they had tuberculosis; at the same 
time they were going to school; they are going to school part of the 
time — half a day — they had light work or light exercise half a day; 
the buildings are buildings left perhaps by the Army — old Army 
hospital, perhaps. 

Q. What are they constructed of? — A. Wood. 

Q. Are they constructed so that the sleeping apartments are in 
the open air or how? — A. Just fairly well ventilated; they are not in 
the ojien air, no, but a good deal of attention is paid to their sleeping 
quarters; they are made comfortable and as much air as they can, 
and the climate is mild and I have no doubt that the conditions 
which they maintain there 

Q. Wlio is in charge of that institution? — A. Dr. Alley of the 
Indian service is in charge of that. 

Q. And what force did he have under him ? — A. He had a nurse, 
who impressed me as being a very efficient woman, and a number of 
attendants; I don't know about them. 

Q. What is the belief from the medical standpoint at the present 
time as to the curing of persons afflicted with tuberculosis ? — A. I 

f)resume that 95 per cent — some authorities say 100 per cent who 
ive under modern ci^dhzed conditions have tuberculosis some time 
in their lives; 14 per cent die of tuberculosis; that means that 86 

Eer cent get well. I have very often in doing a necropsy or autopsy 
ave found old killed scars; the patient died of something else. 

Q. Do you mean by that statement that the patient had tuber- 
culosis of the lungs? — A. Not necessarily tuberculosis of the lungs, 
no, sir. 

Q. Excuse me for interrupting. — A. I don't know of the per cent 
in the lungs but I think it would be very high. Tuberculosis taken 
in the early stages and treated properly. ]:)roper food and proper 
exercise, a moderate amount, not too much; a proper place to sleep 
in regard to ventilation — air — certainly a large number would get 
well. We have such a sanitorium in New Mexico where we send a 
large number of sailors. 

Q. Wliere is that located? — A. Fort Stanton, N. Mex. 

Q. Do you know about what the attendance is at that institution? 
— A. I do not, but I think we have from .50 to 125 perhaps there. 

By Senator Townsend: 
Q. There is one at Baird too, in New Mexico ? — A. Perhaps that is 
an Ai-my hospital. 

Senator Townsend. Yes, that is an Army hos])ital. 

By Representative Burke : 

Q. If there was an institution for the treatment of tuberculosis 
among the Indians at some central point do y(Hi think Indians could 
be prevailed upon or refuse to voluntarily go for treatment ? — A. The 
younger ones yes, I have no doubt. 

Q. Would there be quite a number of those afflicted with tubercu- 
losis that you would say that there was no use of sending them to a 
hospital, their condition so far advanced that it would be — they 
might as well die one place as another? — A. Yes, that is quite true. 



210 YAKIMA INDIAN RESERVATION, ETC. 

Q. Then you would only send certain patients that had not reached 
such a stage but what they could probably be cured ? — A. Those are 
the ones I would send; I would not send the others. 

Q. In your visits upon different reservations at the homes of 
Indians did you find in some cases where there were more than one 
family residing in a house? — A. Yes, some times there would be. 

Q. How many? — A. WeU, I don't beheve as a rule more than two; 
I believe in one place there were three families practically almost in 
the same room. 

Q. Some children ? — A. Yes, but it is very common for the whole 
family to sleej3 in one room. 

Q. I was going to ask you if the houses generally are not limited to 
one room; that is one living room; there may be a kitchen but gen- 
erally one room ? — A. Yes, generally one room. 

Q. I believe you have already stated that they pay little attention 
to ventilation and generally the place is closed up ? — A. Yes, that is 
true. 

Q. This report states that the best condition so far as health is 
concerned is among the Navajos. It is well known that they are 
nomadic; they live in the open air; they have herds of sheep and 
goats which they foUow, living that kind of Hie would there not be 
less tendency to tuberculosis particularly than where they are Hving 
as they are living on the reservations in Idaho and Washington ? — A. 
That depends on how they sleep at night: if their sleeping quarters at 
night are bad the affect of the nomachc life would be in a way coun- 
teracted: if their sleeping quarters ^vere properly ventilated. Al- 
though it must be remembered that in judging a tribe like that over 
a considerable period you might be misled because there might be a 
survival of the fittest; there might be two or three generations before 
3'OU could determine that they were a particularly healthy race. 

Q. Did you get any information so you would be able to state 
what the custom is among the Indians about assembling for ])urposes 
of entertainment or dances or anything of that kind? — A. There are 
in many places such assembhes of Indians. I see no reason why 
there tliould not be. I beheve that the more of a social gaining there 
is I believe the Indian wdU be better for it. 

Q. Well, if these infectious diseases are prevalent, doesn't it have 
a tendency to spread the disease if they are permitted to assemble 
generally and promiscuously for such purposes? — A. Not the diseases 
from which they are suffering. I w^ould not think it had much 
influence. If it w^ere something hke smallpox or measles or something 
like that, possibly, but I don't beheve the influence of tuberculosis 
or trachoma would be worth considering. 

Q. You have probably seen Indians oftentimes on a reservation 
where they come together, 8 or 10 sit down in a circle or pass 
the pipe one to another; what do you say as to that? — A. That of 
course is certainly about as dangerous a thing as they could do. 

Q. Thnc would be quite likely I presume to transmit tuberculosis, 
would it not? — A. Possibly; yes. 

Q. Did you find any indications upon the reservations that you 
visited showing any considerable tendency or extent of venereal 
diseases among the Indians, or did you give that any attention ? 

A. I gave it some attention ; I believe that venereal disease is con- 
siderably less on the average reservations than perhaps it is amongst 



YAKIMA IXDIAX RESERVATION, ETC. 211 

the whites, though on the Coeur d'Alene Reservation there was 
some venereal disease. 

Q. Any syphihs ?— A. I saw none, but the doctor tokl me there was 
syphilis there, and I saw, as far as that is concerned, on several reserva- 
tions symptoms among the older ones that looked like syphihs. I 
would not have made an absolute diagnosis, but it is comparatively 
rare, I judge from the superficial investigation I made, and also the 
doctors usually would have known more about it because the Indians 
would probably hunt him up on the question of venereal disease. 

There seems to be a sentiment among the Indians that if one of 
their Indian women gets out of the tribe they are all against her — 
very strong tribal customs, I think, on that score. 

Q. Ai-e the States of Washington or Idaho taking any interest in 
these infectious diseases among the Indians and doing anything 
toward correcting the conditions? — A. About aU I know of what 
they are doing is they have been trying to get vital statistics, and they 
complained to me rather bitterly because they had not been able 
to get them from the reservation. 

Certainly I beheve the State authorities regard these reservations as 
out of their jurisdiction. They frequently bring what pressure tliey 
can to bear on the reservation physician to vaccinate his people. 
For example, Yakima was complaining that the tovm of Yakima got 
the smallpox from the reservation, and the reservation thought 
they were equally lax in Yakima, and I thought so myself. 

Q. Outside of that they do not take any interest in the suppression 
of these diseases? — A. I don't think so. 

Q. You have made a statement as to the agency physicians that 
you found and expressed your opinion generally on "the subject. This 
report, which is House document No. 1038, Sixty-second Congress, 
third session, on page 80, makes this statement: "The status of the 
agency physicians was found to be unsatisfactory from the standpoint 
of inadequate compensation, lack of organization, and the expert 
esprit de corps necessary in any great coordinated work." Do you 
wish to say anything in regard to that conclusion in addition to what 
you have already stated ? 

A. No; I don't think so, except that more or less that statement 
was embodied in my report — not in those words, perhaps. What 
are you trying to develop ? 

Q. I want to know whether you indorsed all their statements ? — 
A. Yes, sir. 

Q. I rather got the impression from what you stated in response to 
Senator Townsend's questions that perhaps you did not indorse 
that?~A. Oh yes, I do. 

Q. That you found a pretty good class of physicians ? — A. The 
point I wish to make is this — those men would be all right if they were 
told what to do and given to understand that they must do it. 

Senator Townsend. That is, if they knew and their 

A. That is, if they knew and their work could be easily explained to 
them; they could be easily put right about it; they simply need some- 
body to say "Do this," and see that he does it. 

Q. On page 81 of this report among the recommendations it is 
stated : 

Wherever necessary and practicable, cooperation should be had with State boards 
of health in putting tJiese recommendations into effect. 



212 YAKIMA INDIAN KESERVATION, ETC. 

Now, don't you think it would be practicable for cooperation on 
the ])art of the boards of health of the different States to work in 
connection with the physicians of the Government in the treatment, 
etc., of these diseases, and ought not the State take an interest in 
it? — A. Yes; especially when white children and Indian children 
are in the same schools. Unfortunately, here the State board's 
funds are very limited. 

Q. On page 84, under the paragraph numbered 26, it is stated: 

Hospital facilities should be provided upon reservations for the care of advanced 
cases of tuberculosis, but thoss hospitals need not be expensive in construction or 
operation, and removal of patients to distant places without the reservation is not 
advised. 

Do you indorse that suggestion ? — A. Referring to advanced cases, 
yes; provided, of course, there are funds; that is what I think. 

Q. Then you think that recommendation is not intended to imply 
that there ought not to be a central hospital established somewhere 
for the treatment of cases where not advanced? — A. No, I don't 
think so; because very often it is so hard to have the proper conditions 
for these cases on the reservation. 

You take a place like Lapwai, it would not make so much difference 
because there they can put them out in tents; but you take a place 
like Fort Hall and it would be very hard to build a satisfactory sana- 
torium on that I'eservation — very hard. 

Q. I wish you would give us your opinion or your ideas of how a 
hospital for the proper treatment of tuberculosis among Indians 
should be constructed? How it should be equipped and where it 
ought to be located ? — A. That is a question a man ought to have time 
to think about before being required to answer. You understand 
that very often preconceived ideas have to be modified once you face 
the situation, but offhand I would say that if funds were at my dis- 
posal I would, in each reservation, as nearly centrally as I could, 
establish a plain, cheap hospital, built in accordance with climatic 
conditions on such reservations where the chmate is not severe — ■ 
might even have a number of tents. The Indian takes very kindly 
to a tent; does very well in it. 

Other places you would have to have more substantial housing, 
and I would take means to induce those Indians to come there if 
they were not in a condition where they could be cared for at their 
own home. There would be perhaps a few who could be cared for. 
I would simply go about with the idea of making that individual as 
comfortable as I could with the funds I had; that is about all I 
could say. 

Q. Well, the construction of a hospital such as you have in mind 
does not contemplate a very expensive structure ? — A. No. 

Q. Would it be practicable to have such an institution on the 
diflerent reservations under one roof for the male and female, or 
would you separate them in different buildings ? — A. I see no reason 
why it should not be under one roof, with separate wards. 

Q. You would, of course, have a corps of nurses in these hospi- 
tals? — A. Yes. 

Q. And maintain practically the same condtions that prevail in 
hospitals generally ?— A. Yes; what I think would be better for the 
Indian would be this: A general hospital where he would be brought, 
o ma^tnre what his case. Verv often it is the curable case of some 



YAKIMA INDIAN RESERVATION, ETC. 213 

other disease, where you could do the most good. For example, 
take a child five years old who has fever; say he lives f miles from 
the fort: you can not do a thing for that child; bring him to the hos- 
pital, put him in charge of a nurse, and send him home well. Once 
the Indian finds out his child goes to the hospital and gets well, he 
will send him; while if he is going there to die, of course he won't let 
him go. Take measles; lots of them die of measles. Those children 
could be taken there and get well in two or three weeks and probably 
they would die in the home. I would have a hospital where I could 
treat any sick man, ])roken leg, anything; bring him there and keep 
him there and send him home. 

Once he fhids lie is taken care of and treated well, fed well, and gets 
well, he is going to hunt it. Once he thinks, ''What is the use of going 
to tJi.e doctor?" he doesn't go. The Indian sends for the doctor; 
the doctor comes to see him — see his child, perhaps — gives a little 
medicine, comes may be once in three days, and the child dies. He 
thinks, "What is tlic use of the doctor anyhow? It doesn't do me 
any good, it doesn't do him any good; the medicine man does about 
as well." 

Senator Townsend. I don't think you quite answered aU of Mr. 
Burke's question, as to the location. 

Representative Buhke. That is right. 

A. That is something that would have to be worked out on the 
ground, I think, individually. 

Q. Now, that would apply to the reservation hospital? — A. Yes. 

Q. Now, there is a proposition, and you have testified about that 
to some extent, and something in your report — there is a proposition 
to locate a central hospital in tJie United States for the Indians who 
can be cured and who could be induced to go there. T\niere would 
you locate that, and why? — A. I have not investigated along those 
Hnes. I know that men who Jiave investigated think that New Mex- 
ico and ^Vi'izona are perhaps among our best places, though I have no 
doubt there are a number of places that sanitariums could be built to 
advantage. 

Q. The climate there is conducive to A. Yes. 

Representative Burke. The altitude sliould not be too great in 
tuberculosis ? 

A. No; it sJxould not be. 

Q. I want to ask one question: Suppose that the health of tlie 
Indian was placed under the Health Department. Are there now any 
hospitals where it would be practical or possible to treat any consid- 
erable number of Indians ? You suggested that you would have 
places where you would take an Indian who had a broken leg; would 
it be possible to take Indians to hospitals that are already equipped 
and established; and if so, to what extent? — A. To a limited extent 
only. At Simcoe they have a hospital there where they could do 
something along those lines, but not very much. 

At other places there are buildings available; the condition of 
those buildings are perhaps not what the}^ might be, but if they 
have to do, they could do with a good deal less, I would suppose. At 
Miles, on the Colville Reservation — Fort Spokane, there are a number 
of buildings there that might be utilized. The main trouble there 
is that the Indians are quite a little ways from the buildings. At 
Lapwai, of course, all their availa})le space is taken. 



214 YAKIMA INDIAN RESERVATION, ETC. 

Q. What I had in mind, doctor, is that you have some hospitals 
now under the Pubhc Health Service. — A. Oh, you mean in our 
hospitals i 

Q. Yes, I mean hospitals already equipped. — A. I didn't under- 
stand vou — beg pardon. 

Q. At a slight expense, couldn't the force at some of these hospitals 
be increased, so you could have a larger attendance than you now 
}^aYe ? — A. Yes; I have no doubt it could be arranged. Port Town- 
send, for example, is a place where, at little expense, it could be 
increased. 

Q. How about your main hospital in New Mexico ? — A. We have 
quite an extensive sanatorium there, and I think it is a question of 
funds: I believe they could accommodate a great many more than 
they do, if they had something to feed them on. 

Q. It is a question of economy? — A. They are, I believe, there 
handled quite economically; they are fed well, and that is important. 

Q. Would there be any objection to enlarging it and taking the 
Indians there ? — A. Not to my knowledge. 

Q. With a bigger institution A. I was not referring to tubercu- 
losis when I said Port Townsend; I was thinking of something else. 

Q. With bigger institutions and more patients, you would really 
have better equipment than with a smaller number. — A. Relatively 
it w^ould cheapen it; the more you have, the cheaper you can support 
them. 

By Senator Townsend: 

Q. Did you meet the farmers and Indian policemen when you were 
going over the reservations ? — A. Yes. 

Q. What class of men are they? — A. The Indian pohceman was 
usually just some Indian picked up on the reservation and put on 
pohce duty. He does in the least objectionable way he can whatever 
he is toldto do toward bringing in school children and other duties; 
he wants to keep on the good side of his people, yet at the same time 
he wants to earn his money — get it. The Indian pohceman did not 
impress me as a rule. He did a disagreeable duty in perhaps as 
good a way as it could have been ordinarily enforced in some respects. 
The farmer — I don't recall but one farmer that I talked to; he didn't 
impress me very favorably — this farmer did not — though I had little 
chance to judge of just what he was doing. 

Q. Could not, if the proper people were selected for these particular 
positions, having in mind among other things the health of the 
Indians, couldn't they be made more useful? — A. They could, but I 
think it would be necessary to give the Indian to understand that he 
is being told for his good, and be made to do things that sometimes he 
refuses to do; in other words, he is not handled perhaps as — in other 
words, very often if you tell an Indian to do a thing and he doesn't 
do it, if you insist and go about it in the right way you can induce 
liim to do it. If he understands that he will be forced to do it, he 
will do it; he is handled too timidly, too. 

Q. You know it is characteristic of the Indian that he has to be 
told things repeatedly, over and over again, before he will do it? — A. 
Yes. 

By Senator Townsend : 

Q. Let me advert to a matter of which we have already spoken. 
There has been a great discrepancy between your report as to the 



YAKIMA INDIAN RESERVATION, ETC. 215 

amount or percentage of trachoma and tuberculosis on tlie reserva- 
tion and the cases of physicians, agents, and others on the reserva- 
tion of the amount that exist. I notice here, for instance, in your 
report, in Senate Document No. 1038, Sixty-second Congress, tliird 
session, in reference to Yakima, and I could refer as well to Colville, 
that you visited 300 ttr examined 306 Indians out of a total of some- 
tliing over 3,000 Indians on that reservation. — A. Yes, 

Q. And among them, among all the school children in the schools, 
many of that number — and you say at Fort Simcoe — you knew there 
that the rule prevailed that the children were not to be admitted if 
the}' had the disease? — A. In an active form. 

Q. You say you found 65 cases of trachoma in those 306, making 
a total of 21.24 per cent of the Indians you examined had trachoma, 
and from that it is inferred that that is the general ratio that would 
maintain on the reservation, whereas those there tell us that it is 
much greater than that. — A. They say there is more trachoma there? 

Q. More trachoma than 21 per cent. — A. Well, I believe my 
estimate was conservative. I was trying to make a conservative 
estimate. 

Q. And at Colville here you put it much greater. — A. Well, they 
are there, there is no question about that. 

Q. Not quite so great as 20.22 per cent you put it there. Now, the 
doctor at Omak, who visits the school — do you remember what that 
doctor's name was ? — A. Dr. Kehy. 

Q. He was formerly at Spokane? — A. No, I don't know him. 

Q. He was probably at Spokane when you were there ?— li. He got 
in there the night I left. 

Q. I can not think of his name now. — A. He got in there the night 
I left. I left the next morning early. 

Q. He thinks, according to his testimony, as I recollect it, that 
perhaps there was 60 or 70 per cent of the Indians in that part of the 
reservation under his jurisdiction who were afflicted with trachoma. — 
A. Well, I will tell you. There was perhaps CO or 70 per cent afflicted 
with conjunctivitis. I don't think there is any question about that. 
A great many of those cases might have been beginning trachoma. 
I did not count every case of conjunctivitis as a case of trachoma by 
any means. I merely wanted to see when I made a report that some 
other doctor, if he went on my heels, could not say that "this man 
has called everything trachoma that he sees." 

Q. Would the same treatment that is applied to trachoma be 
effective in conjunctivitis ? — A. In what I thought was ordinary 
conjunctivitis I would begin with a milder treatment. If it is not 
trachoma at all, it will clear up easily in three or four days. If it is 
trachoma it won't, and then you can prepare your harsher treatment. 

Q. Is conjunctivitis a serious disease — lead to serious results? — A. 
Why, conjunctivitis may or may not be a serious disease. Trachoma 
is a conjunctivitis in the beginning. There are a number of forms of 
conjunctivitis. A simple catarrhal conjunctivitis is not serious 
unless neglected. Frequently in examining immigrants we put a 
man to one side as a trachoma suspect. If at the end of 10 days he is 
well, we know it was not trachoma and let him go. 

(Witness excused.) 

Whereupon the commission adjourned. 
35601— PT 2—14 10 



GUSHMAN SCHOOL, WASHINGTON 



HEARINGS 



BEFORE THE 



JOINT COMMISSION OF THE 

f CONGRESS OF THE UNITED STATES 



SIXTY-THIRD CONGRESS 

FIRST SESSION 



INVESTIGATE INDIAN AFFAIRS 



OCTOBER 4, 6, and 7, 1913 



PART 3 



Printed for the use of the Joint Commission 



0^ 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1914 



Congress of the United States. 

JOINT COMMISSION TO INVESTIGATE INDIAN AFFAIRS. 

Senators : Representatives : 

JOB T. ROBINSON, Arkansas, Chairman. JOHN H. STEPHENS, Texas. 

HARRY LANE, Oregon. CHARLES D. CARTER, Oklahoma. 

CHARLES E. TOWNSEND, Michigan. CHARLES H. BURKE, South Dakota. 

R. B. Keating^ Arkansas, Secretary. 
Ross Williams, Arkansas, Clerk. 
U 



OOISTTEJSTTS. 



Psgi. 

Col. James J. Anderson 217 

Walter J. Thompson 219 

Ralph Metcalf 222 

F. Campbell 223 

Charles Drury 226 

John S. Mason 227 

\V. F. Geiger 228 

Albert A . Joab 230 

Robert W. Jones 231 

John A. Rea 232 

Earnest E. Lister 233 

George Scofield 234 

H. H. Johnson, superintendent, (two) 236, 343 

David Gutherie, student 283 

Claude A. Kinnear, physician 286 

Peter Dick, student 288 

Daniel Simmons, student 290 

F. R. Archer, allotting agent 291 

A. B. Roscovius. farmer 297 

William Garfield, (two) 305, 319 

Harry Skald 311 

Joe Capoman 315 

T. G. Bishop 320 

John Peichel 326 

Henry Sicade 328 

Miss 335 

Miss 338 

Mrs. (recalled ) 341 

D. D.Allen 341 

Miss 347 

Mrs. Blanche Nicholson, seamstress 348 

Mrs. Jennie C. McManus, laundress 353 

Miss Olive A. Lambert, matron 354 

in 



CUSHMAN SCHOOL, WASHINGTON. 

SATURDAY, OCTOBER 4, 1913. 

Joint Commission to Investigate Indian Affairs, 

Tacoma Hotel., Tacoma., Wdsh. 
The commission met at 2 o'clock p. m,, pursuant to the call of the 
chairman. 

The following members were present: Senator Joe T. Robinson 
(chairman). Senator Charles E. Townsend, and Representatives 
Charles D. Carter and Charles H. Burke. 

STATEMENT OF COL. JAMES J. ANDERSON, TACOMA, WASH. 

James J. Anderson, being first duly sworn by the chairman, testi- 
fied as follows : 

By the Chairman : 

Q. How long have you resided in the neighborhood of Tacoma ?— 
A. Nearly 20 years — 20 years in December coming. 

Q. Are you acquainted and have you been during that period 
acquainted with the conditions among the Indians in this locality 
and on the reservations? — A. Yes, sir. 

Q. What reservations are near Tacoma? — A. The nearest is 
Puyallup; and there is the Muckleshoot; then there is the Nisqualli 
on the west here; then there is — ^well, the Aquaxin Tribe is out of 
existence; there is the Miqua Tribe up on Neah Bay, what we call 
the agency ; it is right at the mouth of the straits ; then there is the 
Chehalis south of us, and the Quinaielts ; that is about all I remem- 
ber around here. 

Q. Are the general characteristics and manner of living of these 
several tribes similar? — A. Very much so, with the exception that 
the Puyallups being adjacent to Tacoma might be a little different. 

Q. Will you describe the general characteristics of these Indians? 
How do they live? — A. Well. I have never known any of these 
Indians to live in tepees ; you know what I mean by tepee ? 

Q. Yes. — A. They all live in houses; they all wear the white 
man's dress, both male and female; I never saw one with a blanket 
or painted face; some of them are good workers, but the majority} 
principally, are not what we would call good workers. 

Q. In Avhat work do they engage ?— A. "When I fist came here they 
were largely fishermen, biit they did something in the way of agri- 
culture, raised their potatoes and vegetables and things of that 
kind, the ordinary necessities of life, but they live very largely upon 
fish, so much so that an Indian coming into the office, or several of 
them into your office, you would want to fumigate it after they 
went out. because they ate so much dried salmon ; they were actually 
saturated with it. 

217 



218 CUSHMAN SCHOOL, WASHINGTON. 

Q. How do they now compare with what they appeared to be 
then? — A. The condition is very much improved; one reason being 
that those of more vicious habits have died off. They have the 
common Indian characteristic of love for alcohoL Many of them 
have been killed while drunk on railroad tracks — get drunk and 
lie down on the railroad track and get killed. Many of them have 
died from tuberculosis, as that prevails very much among them. 

Q. Do they also have trachoma? — A. I don't exactly know what 
you mean by that. 

Q. Well, it is a disease of the eye. — A. Yes, sir; their eyesight is 
not, as a rule, good. 

Q. How long since you first observed the prevalence of trachoma 
and tuberculosis among these Indians about here? — A. The first 
time I ever saw them, came among them. 

Q. Have you given thought to the question as to whether these 
diseases are increasing or diminishing among the Indians?— A. 
Well, I should say they have decreased; I should say so. 

Q. I presume, of course, you have made no specific observations 
with a view to obtaining definite information? — A. No. 

Q. What makes you think they have decreased ?— A, Well, from 
ordinary observation among the Indians. I have had a good deal 
of business with them ; you see, I was a commissioner sent out here 
in 1893 by the Government — one of three members of a commis- 
sion to negotiate with these Indians for the sale of their surplus 
lands — and that brought me closely in contact with them for a 
period of three years, and since then I have simply known them as 
a man who takes more than the ordinary interest in the Indians. 
I have a good deal of business with them about the sale of their 
lands and matters of that kind. 

Q. Who is the superintendent of the Quinaielt Reservation?^ — A. 
I believe H. H. Johnson. 

Q. He is also superintendent of the Cushman School, is he? — A. 
Yes, sir. 

Q. Do you know him Avell? — A. I know him quite well; yes. 

Q. You are fajuiliar wilii the school and character of work done 
in it ? — ^A. I am ; yes, sir. 

Q. I wish you would give the commission your observations in 
this particular. — -A. As to the character of the school? Is that it? 

Q. Yes, sir. — A. Well, I know it to be a fact that the school now 
is far in advance of what it has been at any time since I have known 
it. It has improved in cleanliness, in discipline, and, I presume, in 
the course of study. That is something I don't know so much about, 
but the discipline and the sanitary arrangement I Imow something 
about. 

Q. What is the discipline now as compared with what is was 
formerly ? — A. At least 50 per cent better. 

Q. How long has Mr. Johnson been in charge of that school? — 
A. I think about six years. I won't say positively about that, but 
it is somewhere along there. 

Q. Do you know the relationship between him and the pupils as 
a whole—the general feeling between them ? — A. In a general way ; 
yes, sir. 

Q. State what it is.— A. Very cordial and friendly. The Indians 
seem to like him. There was some friction between him and the 



CUSHMAN SCHOOL, WASHINGTON. 219 

Indians about a graveyard, or something of that kind — among the 
older Indians — but between him and the pupils my observation has 
been that the relation has been very friendly. 

Q. What are Mr. Johnson's personal habits? — A. Very good. I 
might say I kneAv Mr. Johnson before he came here. That was 
about 15 years ago, when he was a teacher at either the Omaha or 
Winnebago schools in Nebraska. I became acquainted with him 
there, and I did not see any more of him until he came here about 
5 or 6 years ago. Since then I have seen him frequently. 

Q. f)o you go on the reservation often, Mr. Anderson ? — A. I pass 
there quite frequently and have been at the school quite a number 
of times. 

Q. I mean the reservation, the Quinaielt Reservation. — A. Yes; 
what we call the reservation. It is no longer a reservation. 

Q. r am talking about, now, where the Indians actually are. — A. 
Yes; where the Puyallup Indians are. I have not been on the 
Quinaielt or Nisqually. 

Q. The Quinaielt, I am talking about. — A. I have never been 
there. 

Q. How far is that from here? — A. It is quite a distance. 

Examination by Representative Carter : 

Q. I would like to ask, if you can give the information, how 
many of these small tribes, such as the Quinaielt and Quineutes 
and 'those others, are there located in this part of the State? — A. 
Seven, I count — there may be more; the Skokomish is another res- 
ervation, I believe — all under the jurisdiction of what we used to 
call the Puyallup consolidated agencies. That is what it was called 
when they "had an agent here, and this agent had charge of all of 
them. 

Q. Have any of them reservations? — A. They all have. 

Q. All have lands for them?— A. All of those have reservations; 
yes. 

(Witness excused.) 

STATEMENT OF WALTER J. THOMPSON, OF TACOMA, WASH. 

Walter J. Thompson, being first duly sworn by the chairman, 
examined, testified as follows: 

By the Chairman : 

Q. What are vour initials? — A. Walter J. 

Q. You are a citizen of Tacoma. are you, Mr. Thompson?— A. Yes, 
sir; I live just outside of town on a farm. 

Q. How long have you been familiar, if you are familiar, with 
conditions among the' Indians in this locality and the Cushman 
school? — -A. Thirty years. 

Q. Do you know "Mr. Johnson, the superintendent? — A. I have 
known him simply as superintendent and teacher there. 

Q. You have no intimate acquaintance with him? — A. No. 

Q. Do you visit the school ?— A. Generally from two to three times 
a year. 

Q. How long have vou been in the habit of doing that. Mr. 
Thompson?— A. Well, "the last three or four years especially. In 



220 CUSHMAN SCHOOL, WASHINGTON. 

previous times, when other agents were there, I used to know some 
of them and go there, perhaps, once a year. 

Q. How does the school, in your judgment, compare now in 
efficiency to what it was under former administrations? — A. I have 
been very much pleased with what I have been seeing happen there 
in the last few years — the development of domestic science and 
manual training and the general appearance of the students have 
given me a great deal of pleasure. I take an interest in that, and 
that is the only reason I am acquainted with it — my interest in the 
educational side of the children. I am not familiar with any of the 
reservation Indians, except simply the Puyallup Reservation and the 
school. 

Q. Have you heard any complaints of a general character which 
you deem it your duty to call to the attention of the commission ? — 
A. None whatever beyond a query in my mind about what this thing 
was about. Someone said there had been some complaint against 
Mr. Johnson. I don't know wdiat that is. 

Q. Mr. Johnson has the confidence and respect of the people in the 
community in which he lives? — A. I have never heard anything to 
the contrary. I have met him frequently, I have gone over to the 
school and spoken to the children, generally once a year, and met 
them at their social affiairs — go over on Christmas — and when they 
have had various things like that, and I would go there and inspect 
the shops and the buildings and see how they are developing, and 
that is the contact I have had w^ith the matter. I have seen him 
simply incidental to those visits; that is all. I have not met him in 
any other way. 

Q. Have you observed the Indians generally in this locality? — 
A. The Puyallups only. 

Q. Sir? — A. The Puyallup Indians only. 

Q. How does their condition compare now with what it was 
formerly in the way of general conditions? — A. It has steadily im- 
proved, I think, in every way — mode of living and results of farm- 
ing and stock raising, and so on. I attended the Puyallup fair last 
w^eek and there were some very creditable horses exhibited there, 
raised by Indians, and they produced vegetables and farm products 
in a very creditable way. 

Q. Do they suffer from many diseases? — A. Why, I can only 
speak from hearsay and slight observation from merely seeing them. 
I assume they do from tuberculosis and lack of proper care. 

Q. Have many of them sore eyes? — A. I have not observed that 
closely enough. I have seen some with a bad squint — the women seem 
to have bad eyes; many of them — I am not familiar enough with it 
to speak. 

Q. Are more of them farming now than when you first observed 
them? — A. I think so, 

Q. You think they are gradually taking to agriculture? — A, I 
think so. It is my impression that there is less drinking among them 
than there used to be, or that they have better control of themselves 
than they used to have. Nearly all of their old leaders — old General 
Spot and Peter Stanip, and some of the other names escape me; 
Jeremekah — those men were pretty competent fellows; they knew a 
whole lot; they were worth talking to and shaking hands with and 



CUSHMAN SCHOOL, WASHINGTON. 221 

talking over affairs. They nnderstood our fonn of government 
thoroughly; they were good politicians; they understood their rights; 
and there is a lot of the younger generation which has come on that I 
estimate to be better than they, I have talked with some of the boys 
as they develop over there, and it does seem to me that there is a 
marked and interesting development. I believe a great deal of it 
comes from the schooling they are getting at the Cushman School, 
especially the constructive side of it — I mean manual training, shop 
work, and the domestic-science work. The girls are developing, it 
seems to me, remarkably well ; and that they are using the equip- 
ment of the school in a very efficient way and getting it " over " to 
the children, 

Q. This commission visits Tacoma and this reservation in the 
regular course of its duty, visiting reservations and schools, and we 
did not come for the purpose of expressly investigating Mr. John- 
son, — A, I have gathered that; and I heard the questions which you 
asked Col, Anderson; that gave me a better understanding, and I 
only answered what I did, due to the question of whether I had 
heard anything with regard to Mr. Johnson. 

Congressman Burke. You will appreciate that a commission of 
this character, in visiting different parts of the country, will natu- 
rally have information conveyed to them as they are about to ap- 
proach a place that is upon their itinerary ? 

A, Very naturally, 

Q, There were no charges against Mr. Johnson ; it may have been 
some of the commission have some information that suggests these 
inquiries, but that is not what brought the commission here. — 
A. Certainly if I knew anything against the man — knew or could 
find out anything against the man — I would volunteer the statement, 
because the main proposition is the use of public money for educa- 
tional purposes. 

I was just going to volunteer one statement. I did not quite finish 
the statement. My last visit to the school — they had some additional 
equipment in shopwork, in metal work, and I asked the teacher over 
there the effect upon the Indian boys of that kind of instruction, and 
he said they were very deeply interested, and that they were making 
a boat, and they were making an Indian in there to put in the boat, 
and they were deeply interested in these constructive things in 
education. 

In a visit to our local high school the other day, I asked the prin- 
cipal of the school whether it was true that they had an arranoement 
with the Cushman School to use that ecjuipment for one of their 
classes, and, in consideration of using that, furnished them a pro- 
fessor to teach the Indians gratis. He said yes; that the scheme 
worked out veiy well ; that they sent from the high school one of 
their professors down there and instructed tlie Indian boys free, and 
in return took a class of 20 from the high school dowii to use the 
equipment in connection with the Indians; and hence the Indian 
boys and our high-school boys were working there together in identi- 
cal classes, and the professor at the high school told us it worked out 
very well, and that the equipment was very good; the Indians were 
doing very good, I thought that might be of interest to you. 

Q. Yes. it is; we would be very glad to hear any other statement 
you wish to make. Without these institutions, are there a great many 



222 cusHMAisr school, Washington. 

Indians, do you think, would go without education? — A. Yes; I 
think the younger ones would hardly get the kind of information 
they get there ; I doubt the wisdom of letting them get scattered into 
the other schools of the country ; I think it a wise provision to have 
that school there and keep those Indians separately. You can give 
them the peculiar kind of education they need; they need indi- 
vidual attention, as it were. I do not believe they are quite up to the 
standard, except especially bright ones, of the American white chil- 
dren of their own oge, and I believe they need this special attention 
they get there. 

As I understand it, children are brought from the other reserva- 
tions to go to school here, and they get the advantage of that school. 
I believe, over and above the effect of the school on the children 
alone, that it has a very fine influence on the adult Indians. They 
are very proud of it, and very proud of their children acquiring an 
education, and it affects in that way the character of all the surround- 
ing Indians. 

(Witness excused.) 

STATEMENT OP RALPH METCALFE, TACOMA, WASH. 

Ralph Metcalfe, being first duly sworn by the chairman, testified 
as follows : 

By Senator Townsend: 

Q. You are a State senator, are you, Mr. Metcalfe ?— A. Yes, sir. 

Q. And you live here at Tacoma?— A. Yes, sir; I have lived here 
23 years. 

Q. Are you familiar with the Indians hereabouts ? — A. Why, not 
personally! I visit the school out there two or three times a year, just 
as Mr. Thompson does. 

Q. What is the nature of that school?— A. Why, the thing that 
impresses itself upon the business men of this city particularly is 
the vocational training; we are very strong in this city and this 
State for vocational training. We believe in teaching the girls 
domestic science and teaching the boys some trade whereby they 
can earn their livelihood. This is the present-day system of educa- 
tion, and they do it out there. 

Q. Have you watched the effect upon the pupils out there of that 
land of education ?— A. Why, not closely enough to tell you clearly. 
I think it is unquestionably "having its effect. I don't go there often 
enough to tell you the gradation upward that they go through, but 
I think they do, without any q^uestion. 

Q. Is there any racial prejudice here against the Indians?— A. 
No; there is not; our Indians are voters; they are citizens just like 
the rest of us ; there is not any feeling of that Idnd. 

Q. Is the Indian given an" opportunity to work if he is qualified 
to do so? — A. Unquestionably. 

Q. Do you have anv mechanics or professional men among the 
Indians?— A. Why, I can not say as to that. We have business men 
among the Indians; we have men from that reservation who are 
business men, who are in business in this city and do business, and 
they are met on the same basis as Ruy other business men. 



CUSHMAN SCHOOL, WASHINGTON. 223 

Q. Do you Imow what proportion of those children out there live 
here near Tacoma and what come in from abroad? — A. No; I don't 
know anything about that. 

Q. I suppose Mr. Johnson will know that probably? — A. As far 
as Mr. Johnson is concerned, I don't know him intimately; I have 
met him a number of times. It has seemed to me, and I think it has 
seemed to the business men of this city, the members of the Commer- 
cial Club and Chamber of Commerce, that Mr. Johnson has proven 
a very competent superintendent. 

Q. Have you ever heard anything derogatory to him or his clmr- 
acter? — A. No, sir; I never heard a thing in any way or shape until 
T heard an intimation here to-day that I never heard before. 

Q. Do you think he is competent as a superintendent of that 
school? — A. I think he is, very. 

Q. Do you say that because of any progress that has been made 
during his term? — A. Yes; I think there has been considerable 
pi ogress there. 

Q. Were you familiar with the school before he came? — A. Yes; I 
visited that school from the time I came here something over 23 
years ago. I visited it very frequently — have taken an interest in it. 

Q. What can you say as to the present condition? — A. Oh, I think 
there is no question about the gradation upward in the present con- 
dition. I think there is no question about it. 

(Witness excused.) 

STATEMENT OF F. CAMPBELL. 

F. Campbell, being first duly sworn by the chairman, testified as 
follows : 

Examination by the Chairman : 

Q. What are your initials ? — A. F. Campbell. 

Q. HoAv long have you been familiar with conditions in the Cush- 
man Indian School and ontheQuinaielt Reservation? — A. Why ever 
since I have been here — about 33 years. 

Q. Have you been somewhat intimately associated with the In- 
dians in this neighborhood ? — A. Yes, sir. 

Q. What business are you engaged in, Mr. Campbell? — A. Part 
of the time I have been an attorney, and part of the time a judge of 
the superior court. 

Q. What is your opinion with reference to the health of the In- 
dians now compared with what it was when you first observed 
them? — A. Well, I think that the Indians that' are left upon the 
reservation are much healthier than those when I came here. 

Q. You think the health among them is improving? — A. I think 
it is improving. 

Q. What diseases nuiinly afflict them? — A. Well, they have a good 
many of them, of course, especially in earlier times with the earlier 
white people that came in here — that is, the older settlers. There 
was a class of men here at that time that we called squaw men, that 
used to go among the Indians on the reservations, and they used to 
mingle with them in the hop fields, and in that way they got some 
venereal diseases and that led to a condition of sore eyes, and such 
things as that ; but in the past 12 or 15 years that is almost eradicated 
among them — the present-day Indians. 



224 CUSHMAN SCHOOL, WASHINGTON. 

Q. The sore eyes, then, is not so bad as it was formerly? — A. Oh, 
no ; it is not so noticeable at all. 

Q. How about tuberculosis? — A. Well, that has improved. There 
was considerable of that here in the earlier stages. 

Q. How are the Indians generally in the neighborhood of this city 
as to occupations? What do they engage in? — A. Well, some of 
them are studious farmers; others are engaged in carpenter work; 
some of them are blacksmiths; some of them are engaged in horti- 
culture : and some of them are fishermen. They engage in almost all 
of the trades. 

Q. What percentage would you say are engaged in agriculture? — 
A. That is, you are speaking of the Puyallups alone ? . 

Q. No; I am speaking generally of the Indians in this commu- 
nity? — A. The Indians generally in the States? 

Q. No; I have reference particularly to the Quinaielt Reserva- 
tion? — A. Well, I would say in reference to the Quinaielt Reservation 
there are fewer farmers there. 

Q. ISIost of them are fishermen ? — A. Yes ; that land there is heav- 
ily timbered. 

Q. Are you familiar with conditions in the Cushman School ? — A. 
Yes; I have been quite familiar with the school ever since I have 
been here. 

Q. What is your estimate of the progress that is being made 
there? — A. Well, during the earlier history of the school it went 
along about the same until Frank Cushman went to Congress; and 
he was quite deeply interested in the welfare of the Indians here, 
and was urged by a great many people who felt interested in them 
to see if they could not get a better school — better school building; 
better school facilities. The interior Indians liked to send their 
children to some better schools and have better school facilities than 
they had, and he took the matter up there, together with the citizens 
here, and advocated changing the school to an industrial school ; and 
from the time he began to take an interest in the school the school 
began to improve very rapidly. Since it has become an industrial 
school its progress has- been very rapid. They have built a number 
of very nice buildings out there, got them well equipped; and sani- 
tary conditions are fine; and the grounds have been fixed up and 
cleaned up, and the streets have been paved in front of it, so there 
is a fine paved street from the city to the school; and the progress 
there has been pretty rapid since it has become an industrial school. 
Q. Any other statement you want to make?— A. Well, nothing, 
unless it is in relation to Mr. Johnson. 
By Senator Townsend: 
Q. One or two questions : Is the Indian a pretty good business man 
as a rule ?— A. Well, I think they are ; those that are able to speak 
English well enough to understand are pretty good business men. 
I have been associated with an Indian for 20 years in business— a 
fidl-blooded Indian— and I think his reputation is as good as any 
wdiite man in the State. 

Q. What business have you been engaged in?— A. Well, we have 
been engaged in the real-estate business; he handles the real-estate 
part of the business. 



CUSHMAN SCHOOL, WASHINGTON. 225 

Q. Have you dealt with the Iiuliaiis in real estate?— A. Well, no; 
I never have dealt with Indians to any extent in this State, but with 
white people. 

Q. Well, has your partner, the man you are associated with — has 
he had dealing with the Indians? — A. He sold a good deal of land 
for them; he was here for five or six years with Mr. Snowden, who 
was the commissioner — Indian Commissioner; he Avas deputy com- 
missioner here under him, and sold a great deal of their lands through 
the commission. 

Q. Well, do you or your associates own any of this Indian land ? — 
A. Yes; 35 acres down here on the flats — tide lands. 

Q. Has the Indian, to your knoAvledge, to any considerable extent 
been imposed upon by the white man in dealing with him? — A. I 
think in some instances they have been, of course; but generally, 
no. I think they have received a fair price for their lands in almost 
every instance; sometimes, of course, as with white men, you get a 
man who will swindle an Indian as well as a white man. 

Q. I think it was in 1903 the restrictions were removed from the 
Puyallup Indians, Avas it not ? — A. Yes, sir. 

Q. Did you notice there was at that time or immediately after 
or since any greater attempt to take his land from him by unfair 
means than existed theretofore ?— A. No; I think prior to the time 
probably there was a greater attempt to buy up the Indian rights — 
what they considered to be their rights— at that time than there ever 
was afterwards. When the Indian had a right to sell, they sold like 
any other white man; before they were permitted to sell, they made 
a great many contracts here which were absolutely void. 

Q. Were any of those contracts enforced or attempted to be en- 
forced ? — A. Yes ; they were attempted to be enforced, but the courts 
held they were void. 

Q. Do you know of any instances where they were carried out? — 
A. No; I think not; I don't believe there is any case in which any 
Indian ever carried out one of those contracts. 

Q. What do you know about the management of this school out 
here? — A. The present management of it? 

_ Q. Yes; you have testified about that; I will just ask you this ques- 
tion: What do you know personally about Mr. Johnson? — A. I have 
known Mr. Johnson possibly three years or maybe a little more than 
that, since he has been at this school ; I don't know how long he has 
been here. 

Q. Have you had any business relations w^ith him?^A. No; not 
any business since ; I have visited the school quite frequently. 

Q. What can you say as to his ability as a superintendent of 
schools?— A. Well, from my personal observation of the school and 
its progress I think he is a man eminently fitted for the position. 
By Eepresentative Burke: 

Q. Can you give us any information as to the extent liquor has 
been obtained by the Indians in this locality or how the laws have been 
enforced with relation to the introduction of liquor into the Indian 
country?— A. Well, there was a while here that is was questionable 
to the minds of the citizens and of the courts as to whether or not 
the law was effective as against these Indians, on account of them 



226 CUSHMAN SCHOOL, WASHINGTON. 

being citizens, but Congress, I think, passed an act that settled that, 
made it applicable to all Indians that were of Indian blood, and 
since tliat time the law has been enforced quite strictly. 

Q. Are tliere some prosecutions? — A. Oh, yes; there has been quite 
a number of prosecutions. 

Q. In what courts, mostly? — A. United States courts mostly, and 
some in the State courts. 

Q. Have you observed, so you can express an opinion, as to where 
the best results are obtained, whether in the Federal courts or State 
courts, in prosecutions ? — A. Well, I think the best results have been 
obtained in the United States courts ; possibly because of the method 
of getting at the testimony in the case. 

Q. Can you tell us anything in relation to the superintendent, as 
to whether he has been diligent in suppressing the introduction of 
liquor into the Quinaielt Eeservation or upon the school property or 
in the prosecution of offense?— A. Yes; I think he has been very 
diligent in that respect. I think he is a man that looks after those 
matters very closely. 

(Witness excused.) 

STATEMENT OF CHARLES DRURY. 

Charles Drury, being first duly sworn by the chariman, testified 
as follows: 

By the Chairman : 

Q. What business are you engaged in, Mr. Drury? — A. I have been 
engaged in the tailoring business and investments. Senator. 

Q. How long have you lived in Tacoma?— A. Twenty -five years. 

Q. Do you know Mr. Johnson ? — A. Yes ; very well. 

Q. How long have you been acquainted with him? — A. Oh, ever 
since he came here ; I think it is around four or five years ; I am not 
positive. 

Q. Do you know the estimation in which he is held in this com- 
munity by the people generally ?— A. I have never heard any ques- 
tion about Mr. Johnson as a man or as a citizen at all. 

Q. Have you observed the progress in Cushman School? — A. Some- 
what ; yes ; I was for six years connected with the schools here, and 
took occasion at that time more particularly to observe it. 

Q. Is the school going ahead or backward? — A. Very much so; 
yes; the school, since the organization of the trade school, it has got 
iiiuch better results than it has ever got before; up to that time the 
school was just an ordinary Indian school. Since that they have had 
money, of course, to build their buildings and furnish equipment, 
and there has been a very material advancement in the Indian. 

Q. How long has this vocational training— manual training— been 
carried on in this school ?— A. Well, I think the law was passed about 
four years ago. Senator, but I think it is about two years they have 
actually had it in operation. 

Q. Do you know anything about the condition of the Indians on 
the Quinaielt Reservation ?— A. No; I do not. 

Q. You are not familiar with that?— A. No; I am not familiar 
with the Quinaielts. 



CUSHMAN SCHOOL, WASHINGTON. 227 

By Representative Burke: 

Q. Did you express an opinion as to the administration of the 
school, as to the superintendent? — A. Well, I was expressing an 
opinion — if I may add, as to Mr. Johnson as superintendent of the 
reservations more particularly — I felt and did feel that possibly the 
school might be improved by having a more thorough schoolman 
in that, but I don't want to be understood as casting any reflections 
whatever upon Mr. Johnson. I think he has done the very best he 
could and the very best he knew. 

Q. He is superintendent of the Quinaielt Reservation and of the 
school ? — A. Yes ; and I don't think the two work out. 

Q. The character of the services is very diverse? — A. Yes, sir; 
very indeed. 

Q. And in your opinion you think he is a better reservation man ? — 
A. Well, I think he is ideal; the discipline in the reservation has 
been splendid. Speaking of protecting the Indians from liquor, I 
don't think you could have had a better man for that purpose; he 
has been on the alert all the time. Speaking of him personally, I 
think he is an excellent man in every way. 

By Senator Townsend : 

Q. His conduct on the reservation has been satisfactory ? — A. Very 
satisfactory, sir. 

Q. The Indians on this reservation don't have very much agri- 
cultural land, do they? — A. Not very large tracts; but you under- 
stand this land is worked very intensely; a person with 10 or 15 
acres raises a great deal of sturf, and it requires a great deal of labor. 

Q. Most of their lands over there, of these 300 Indians, is timber- 
land?— A. The Puyallnp? 

Q. No; the Quinaielt; he has nothing to do with the Puyallup. 
does he? — A, He is superintendent of the Puyallup School. 

Q. Yes; of the school out here; but he is not superintendent of 
the Puyallup Reservation? — A, There is no reservation. 

Q. Well, I have been talking about the Quinaielt Reservation, of 
which he is superintendent. Now, I sa}^ on that reservation there is 
not very much agricultural land, is there? — A. Well, there is none 
of cleared up ; it is splendid land over there, but, of course, it is not 
cleared. 

Q. Covered with forest? — A. Yes. 

Q. And the Indians live principally by fishing? — A. Largely so; 
yes; fishing, hunting, and trapping. 

By the Chairman : 

Q. Do you know the allotting agent on the Quinaielt Reserva- 
tion?— A." No; I don't. 

Q. You don't know anything about the allotments there and the 
condition? — A. No; I am not familiar with that end of it. 

(Witness excused.) 

STATEMENT OF JOHN S. MASON, TACOMA, WASH. 

John S. Mason, being first duly sworn by the chairman, testified 
as follows : 



228 CUSHMAN SCHOOL, WASHINGTON. 

By the Chairman : 

Q. ^Vhat is your name ?— A. John S. Mason. 

Q. How long have you lived in Tacoma? — A. Twenty-five years. 

Q. AVhat business are you in? — A. Western Union Telegraph em- 
ploy; I have been in the railroad business for a long time, but for 
the past 17 years I have been connected with the Western Union. 

Q. Are you acquainted with Supt. Johnson and familiar with the 
conditions — somewhat familiar with conditions at the Cushman 
School? — A. Well, only so far as to visit would qualify me to answer.. 

Q. Wliat impressions do you gain concerning the conduct of the 
school and Mr. Johnson's ability and integrity as a superintendent? — 
A. Well, I was very favorably impressed; I was over there twice, 
and the last time I w^as there was at their commencement exercises, 
and there were papers read and we were taken all over the shops 
and the different vocational plants, and Mr. Johnson was personally 
along and took great interest in explaining everything to us. There 
was quite a party of us, and we were very much pleased with what 
ne saw and what the students had accomplished. 

Q. Did you visit the school under the administration of other super- 
intendents? — A. No, sir; I never did. 

Q. So you have no means within your own personal knowledge of 
making comparisons as to what the school is doing now and what 
it formerly did? — A. No, sir. 

Q. Do the people here generally regard conditions in the school 
as satisfactory and gratifying?— A. As far as I ever heard they do. 
I never have heard an adverse criticism of the conduct of the school 
or what it has accomplished. 

Q. Do you know anything about the conditions of the Quinaielt 
Reservation? — A. No, sir; I am not familiar with that. 

(Witness excused.) 

STATEMENT OF W. F. GEIGER, TACOMA, WASH. 

W. F. Geiger, being first duly sworn by the chairman, testified as 
follows : 

Examination by the Chairman : 

Q. You are the superintendent of city schools at Tacoma? — A. 
Yes, sir. 

Q. How long have you served in that capacity ?— A. About a year 
and a half. 

Q. How many schools have vou under your jurisdiction? — A. 
Thirty. 

Q. AVliat is the total number of pupils in the schools that you are 
superintendent of? — A. About 11,000. 

Q. Do you know the superintendent of the Cushman School? — A. 
Yes, sir. 

Q. Somewhat familiar with conditions at that school and the char- 
acter of work being done? — A. I am somewhat familiar with the 
industrial side of the work. 

Q. But not with the academic? — A. No; not of the academic. 

Q. You never gave any particular attention to that? — A. No, sir. 

Q. Do you know anything about the discipline in the school and 
how it is regarded here among the public generally? — A. Why, my 
impression is that it is considered very good. 



CUSHMAN SCHOOL, WASHINGTON. 229 

Q. Have you heard any complaints a))Oiit it? — A. None whatever. 

Q. Criticisms? — A. None whatever. 

Q. What was your impression concernino- the vocational features 
of the school? — A. I thought it was unusually good; the features 
were unusually good. 

Q. Have you anything of that sort in your city schools? — A. 
Yes, sir. 

Q. Have you had occasion in other localities to study the w^ork in 
those schools ? — xV. Not in Indian schools. 

Q. I mean in vocational schools. — A. Yes, sir. 

Q. Among the whites? — A. Yes, sir. 

Q. How cloes the work being done at the Cushman School compare 
in your judgment wdth work done in other schools having white 
pupils ? — A. "l have been surprised at the excellence of it. 

Q. Well, can you tell wherein this excellence consists in some 
particulars? Give us some specific information about it.— A. My 
first interest in the work in that school came by reason of the fact 
that in our stadium high school we haven't a machine shop: we are 
building a new high school and in order to look up matters of 
equipment I visited the Indian school, went to the machine shop, 
saw the work being done there, saw the equipment, and was sur- 
prised to find how well the equipment and the instruction compared 
with what I had seen in other schools for white children. I also 
visited the Avoodworking shop and the work that was being made 
by those Indian boys I thought was astonishingly well done, con- 
sidering the fact tliat they were Indians instead of white boys ; I 
thought the work compared very favorably with what the white 
boys do in our own manual training shops. I visited the laundry, 
the work done by the girls, because I was interested in seeing the 
equipment and seeing the way that work was conducted in view of 
what our intentions were with respect to our new high school. As 
far as I could observe, it w^as all being handled very skillfully. I 
might say also that some of the Indian school boys and girls^ have 
come on into the high school and acquitted themselves creditably 
there, after completing the work at the Indian school. 

Q. How do those Indian pupils which come from the Cushman 
School to the high school compare with the wdiite pupils in the 
schools? — A. Noiie of them have ranked very high in their scholar- 
ship, but they have all done faithful, earnest work and I should say 
maintained a fair standing in their grades. 

Q. Do they give evidence of proper training and efficient in- 
struction? — A. They do. We have been very favorably impressed 
with their conduct and the apparent discipline they have had. 

Q. What is the estimation in which Mr. Johnson is held as a 
superintendent and as a man in the public mind and in your own ?— 
A. I have never heard any question raised in regard to him: I as- 
sumed he must be estimated very highly here: I haven't been in 
Tacoma but two years and I had a very favorable impression of him. 
Q. I presume your experience is that of practically all other 
school teachers; all who are engaged in the school work have some 
difficulties sometimes to overcome which subject them to some 
criticism ? — A. There are very few of us escape that. 
35601— PT 3—14 2 



230 CUSHMAN SCHOOL, WASHINGTON. 

By Kepresentative Burke : 

Q. Has there been any cooperation between you and the Indian 
school by which you have availed yourself of any part of the equip- 
ment and furnished the school a professor? — A. Yes, sir; as I said 
before, we do not have a machine shop in our manual training de- 
partment in the high school, and when the boys have reached that 
place until last year Ave were not able to have them continue with 
the machine-shop work, but after a conference with Mr. Johnson we 
agreed to furnish a teacher to the Indian school who would teach 
both the Indian pupils and the high-school pupils in return for the 
privilege of sending this class in machine-shop work to the Indian 
school; our instructor has taught a good many more Indian pupils 
than we have sent pupils to the school. 

Q. To what extent have you Indian pupils in your city schools ? — 
A. Well, I could not say off hand; we have them in the high school; 
I don't believe there are any in the grade schools; they come to the 
high school because the Indian school, I suppose, does not maintain 
a high-school department. 

Senator Townsend. Do the Indian students that come from the 
Cushman School into your high school show that they have had 
proper academic as well as industrial training? — A. Yes, sir; they 
do; they have succeeded in carrying the work. 

(Witness excused.) 

STATEMENT OF ALBERT A. JOAB, TACOMA, WASH. 

Albert A. Joab, being first duly sworn by the chairman, testified 
as follows : 

By the Chairman : 

Q. What is your name? — A. Albert A. Joab. 

Q. What is your business or profession? — A. I am a lawyer. 

Q. How long have you lived in Tacoma? — A. Twenty-five years 
the 24th of last March! 

Q. Have you had occasion to observe the progress that is being 
made among the Indians who reside in this locality, this part of the 
State? — A. Why, I have had all the opportunities a person could 
ask, but I presume I have been like most of the people here, remiss in 
my duty. 

Q. You have given no special study to the subject, I suppose? — 
A. No; I never have been over there except to visit the school and 
institution over there, except on two occasions — once about 20 years 
ago when I heard one of the most eloquent addresses from Tom 
Millane, an Indian, which I could not understand; but still I could 
understood it was eloquence 

Q. We have had some examples of that recently. — A. (Contin- 
uing.) Then I was over there at the request of Mr. Mason last sum- 
mer at the time of the commencement exercises and witnessed the 
work done by the pupils. I never met Mr. Johnson at any time 
except on that occasion, as superintendent, except to-day he came in, 
and I did not place him at first where he was, but I was over there 
on that occasion and saw the work that was done, and I was utterly 
amazed. 



CUSHMAN SCHOOL, WASHINGTON. 231 

Q Tell us what you mean by that? — A. I was very much sur- 
prised at the apparent efficiency of the work at the school, and among 
other things that I saw was an orchestra in the evening, I was told, 
of about GO pieces, and I was told that many of these instruments 
were made by the pupils themselves, and the music, while not of the 
highest order, was very, very fine; I was surprised to see children 
there in the school taught music as well as if taught in any school I 
have ever seen — public schools— and with as good results; and then 
to have the children make their own instruments and then play upon 
them was something I had not seen in any public school in the 
country among the white children, and I was utterly amazed. I 
told Mr. Mason at the time that I thought they would surpass our 
own schools. 

Q. Do you know where the pupils who attend the Cushman School 
come from mainly? — A. I do not. 

Q. You are not, of course, familiar with those things, I suppose?— 
A. No, sir. 

Q. Are you familiar with conditions among the Indians generally 
on the Quinaielt Reservation? — A. No, sir. 

Q. That is some distance from here; I don't suppose you would 
be. What is the estimation in which Mr. Johnson is held as super- 
intendent and as a man in this locality? — A. Well, I never met him 
until that occasion and to-day, and I am frank to say — sorry to say 
I did not remember him to-day when he came in here, and I have 
made no inquiries about his standing, and I know nothign about it. 

Q You heard nothing derogatory of him ? — A. No ; not until yes- 
terday I heard some one say 

Q. Well, you could not say what you heard, of course. — A. No, sir; 
I never have. 

(Witness excused.) 

STATEMENT OF ROBERT W. JONES, TACOMA, WASH. 

Robert W. Jones, being first duly sworn by the chairman, testified 
as follows: 

By Senator Townsend : 

Q. Mr. Jones, what is your full name ? — A. Robert W. Jones. 

Q. You live here in Tacoma ? — A. Yes, sir. 

Q. What is your business? — A. Real estate and insurance. 

Q How long have you lived here?— A. Twenty-three years. 

Q. Have you been familiar with the Indians or acquainted with 
them during that time? — A. Not particularly; no. 

Q. Had business with them? — A. No. 

Q. You haven't had business in Indian land? — A. No, sir. 

Q. Are you acquainted with the conditions at the Government 
school here, the Cushman School ? — A. Why, only in a general way ; 
not particularly. 

Q. Ever visit it? — A. Yes. 

Q. How many times? — A. Oh, I visited the grounds a half dozen 
times. 

Q. Visited the school itself? — A. No; not while it was in session. 

Q. Do you know anything about the operation of the school? — ■ 
A, No; I don't; I could not say as to the operation of the school; 
I have been through the building, been taken through the buildings. 



232 CUSHMAN SCHOOL, WASHINGTON. 

Q. And shown around in that way, through the grounds? Are 
you acquainted with Mr. Johnson, the superintendent? — A. Just a 
casual acquaintance. 

Q. Well, do you know anything about the school or the conduct 
of the school that would enable you to testify before the committee 
^s to what it is ? — A. I don't think I do. Senator. 

Q. Do you Imow anything about the conduct of the Indians on 
this reservation, their management? — A. No; I could not say that I 
do nay more than just from the newspaper; that is all; not anything 
of my own knowledge; just hearsay; that would be all I would know 
anything about. 

Q. Well, have you any knowledge either about Mr. Johnson or his 
conduct or management of the school or reservation or about the 
management of Indian affairs generally here? — A. No; I could not 
give you any information that would be of value ; I don't know any- 
thing of my own knowledge, except that in a general way the school 
is conducted by Mr. Johnson and there has been an improvement 
over the former superintendent. 

Q, That is the reputation among the people? — A. Yes; that is 
the general reputation. 

Q. That the condition of the school is better now than it was be- 
fore he took charge of it? — A. Yes. 

(Witness excused.) 

STATEMENT OF JOHN A. REA, OF TACOMA. WASH. 

John A. Kea, being first duly sworn by the chairman, testified as 
follows : 

By the Chairman : 

Q. You live in Tacoma, do you ? — A. Yes, sir. 

Q. What is your business? — A. I am retired ; I have been a timebr 
man ; I am one of the regents of the University of Washington ; I 
have had occasion to visit the Cushman School occasionally. 

Q. During what period? 

A. I was out there this year. 

Q. Did you observe the work that is being done there, instructions 
being given? — A. I went through the shop with one of the instruc- 
tors, saw the rooms, saw the work, and I was certainly very much 
impressed with the character of the work the boys were doing. 

Q. Did it appear to be efficient? — A. Yes, sir. 

Q. That was what impressed you? — A. Yes, sir; very much so. 
The equipment impressed me and the work impressed me, particularly 
when I saw a table made there that was probably as good as that one 
[indicating], so far as I could see, made by a 16-year-old Indian boy. 

Q. Did you see other samples of the work done by the pupils ? — A. 
Yes, sir ; of course I am only a layman, but they were excellent work 
from the standpoint of a layman. 

Q. Do you know anything about the academic work done in the 
school ? — A. I could not say ; I visited in the dining room ; I visited 
in the kitchen ; I saw the discipline. 

Q. What, was the discipline? — A. The discipline is certainly ex- 
cellent; I could not think of better discipline. Certainly there is 
not as good discipline among the white boys or white children as we 
find there. 



CUSHMAN SCHOOL, WASHINGTON. 233 

Q. How does the discipline compare with the schools among wliite 
students, for instance, of the same rank as Cushman School?— A. J 
would say better ; that has been my experience. I have seen the boya 
on the reservations, seen them in school, and 1 have always noticed 
that the Indian boy was a Avell-behaved boy. 

Q. Are you personally acquainted with Superintendent Johnson?— 
A. Yes. sir; not at all in the sense of an intimate acquaintance, 
however. 

Q. Do you know the estimation in which he is held in the com- 
munity as an educator, as a superintendent? — A. I formed my owrl 
impression of him from the practical work going on out there, thai 
he was a good man. 

Q. You never heard anything derogatory to his services? — A. No* 
sir. I have said there was better education out there — I have said ife 
in public speeches — than we had in our own high school, so far aS 
turning out boys who could make a living when they left school ot 
learn something while they were in school. I am an advocate of 
vocational education. 

Q. Do you know anything about the general conditions among the 
Indians on the Quinaielt Reservation?— A. No, sir; I am familiar 
with that reservation, but I could not go into it in detail. 

Q. Well. I will not ask you about it. Very much obliged to you, 

(Witness excused.) 

STATEMENT OF ERNEST E. LISTER, GOVERNOR OF WASHINGTON. 

Ernest E. Lister, being first duly sworn by the chairman, testified 
as follows: 

By the Chairman : 

Q. You are the governor of the State of Washington ?— A. Yes, sir*. 

Q. How long have you served as governor? — A. My term began 
on January 15 of this year. 

Q. Where did you reside before becoming governor?— A. In the 
city of Tacoma. 

Q. How long ? — A. Twenty-nine years. 

Q. Did you know Mr. Johnson and were you familiar with the 
Cushman School? I mean Mr. Johnson, the 'superintendent.— A. I 
knew Mr. Johnson; yes. 

Q. Were you in the habit of visiting the Cushman School? — Ai 
Some years ago I erected two of the buildings there, and since that 
time have taken more or less interest in the school as a result of hav^ 
ing been there almost every day during the five months in which I 
was constructing the buildings. 

Q. Governor, we would be glad to have you state your observa- 
tion and your conclusions as to the progress that has been made in 
the school and the effect of the services rendered by Mr. Johnson ?— 
A. Mr. Johnson was not superintendent when I constructed the 
buildings there; it was before he took charge; when he came here, 
he knew that I had taken some interest in the school and constructed 
these buildings, and I became acquainted with him very shortly aitet 
his arrival. "Oii a number of occasions I talked with him regarding 
the school, its needs, the type of school we ought to have conducted 
there; and I also visited the school. You want my impression of 
Mr. Johnson? 



234 CUSHMAN SCHOOL^ WASHINGTON. 

Q. Yes, sir. — A. My impression of Mr, Johnson, formed from the 
conversations I have had with him and what I have seen of his work, 
have been very favorable to him. He always impressed me as a man 
who was very much interested in the work he had in charge, 

Q. What is your opinion as to whether the school has advanced 
since you first had occasion to observ^e the work done there ?— A, There 
has been a marked improvement since the days when I first became 
acquainted with the school and its work, 

Q, Have you ever heard criticism of the services of Mr, Johnson in 
connection with the school? — A. No, 

Q. Is there anything else you would like to state in this connec- 
tion? — A. I don't think of anything else, Senator, 

Q. Have you any general acquaintance with the condition of the 
Indians on the Quinaielt Reservation, Governor? — A, No; I have 
never given much consideration to that — never had an opportunity 
to, in fact. 

Examination by Representative Carter: 

Q. You think Mr, Johnson is capable for the position he occu- 
pies, Governor? — A. Based on the knowledge and information I 
have, I would say that I believe him to be capable. Of course, to 
pass judgment absolutely upon a matter of that kind, I would prob- 
ably feel inclined to want to make a more careful investigation. 

Q. I mean from the observation you have had? — A. From my ob- 
servation, I would consider him a capable man. 

Q, And you think he is faithful to his duties ? — A. I always felt he 
was quite so. 

By the Chairman : 

Q. Do you know anything about his personal habits? — A. To no 
greater degree than one would who met a man frequently and saw 
him quite often. My impression would be that Mr. Johnson was a 
man of good personal habits. 

(Witness excused.) 

STATEMENT OF GEORGE SCOFIELD, TACOMA, WASH. 

George Scofield, being first duly sworn by the chairman, testified 
as follows: 

By the Chairman : 

Q. What are your initials? — A. George Scofield. 

Q. How long have you resided in Tacoma ? — A. Ten years. 

Q. What is your business? — A. Well. I have been a dealer in build- 
ing materials, having been in the contracting business in years 
gone by. 

Q. Hold any official position? — A. They elected me president of 
the commercial club last winter, 

Q. That is a local organization in your city? — A, Yes, sir; the 
only business organization — the chamber of commerce and commercial 
club combined. 

Q. Are you acquainted with Mr. Johnson, the superintendent of 
the Cushman School? — A. Yes, sir; I am, 

Q, How long have you Imown him ? — A, Well, since shortly after 
he first took charge ; I don't remember the date that was, but shortly 
after he took charge I got acquainted with him. 



CUSHMAN SCHOOL, WASHINGTON. 235 

Q. Have you taken any interest in the Ciif-hman School since you 
have lived in Tacoma? — A. Well, I have been interested, but not in 
a way that would cause me to give it any particular thought. 

Q. What is the estimation in which Mr. Johnson is held in this 
community? — A. Well, sir, it is the highest, in my judgment. 

Q. Have you ever heard his habits criticized? — A. I never heard 
a word against him, and I know Mr. Johnson, perhaps, as intimately 
as any man in Tacoma. 

Q. You never heard of him drinking to excess? — A. I don't know 
that he ever drank a drop ; I have been around where he has been at 
different occasions, different kinds of meetings, and I never saw him 
take a drink. 

Q. What is your opinion as to whether Cushman School is ad- 
vancing and succeeding under his management?- — A. Well, sir, I 
might say from the superficial observation I have had of it, in my 
judgment, it is more than a hundred per cent better. 

Q. It is your opinion then that the community generally regards 
the school as a success? — A. Yes, sir. I would like voluntarily to 
say this, if you would allow me to. 

Q. You may make any statement you want to. — A. Mr. Johnson 
has discussed with me at various times matters pertaining to the 
school : he has invited me frequently to come over there and see the 
work, particularly in the machine shop; he has brought a number 
of times articles they had made over there that required skill and 
workmanship : some of the the finest work turned out of the machine 
shop I have ever seen has come from that Indian school. As I say, 
he has discussed the school with me a number of times and has dis- 
cussed his relations with the other Indians, the Quinaielt Indians, 
and my impressions of Mr. Johnson have been that he had the wel- 
fare of that school very dear to his heart, very close to himself, and 
that his whole soul and body was wrapped up in the success of this 
Cushman School. Gentlemen, that is my honest observation of Mr. 
Johnson, as I have met him and frequently, especially since I have 
gone into this club, we have advised with him in regard to appro- 
priations and things of that sort. 

I was over there at one time with Senator Pyles ; we went through 
the institution there, and I must say when I thought I saw^ criticism 
here in the papers of Mr. Johnson I was astounded; I thought it 
was a rank injustice; I don't know anything definite whatever except 
as I have met the gentleman from time to time. 

(Witness excused.) 

(An adjournment was taken until Monday, October 6, 1913, 
10.30 a. m.) 



MONDAY, OCTOBER 6. 1913. 

Joint Com:nltssiox to Investigate Indian Ajffairs. 

Tacoma Hotel, Tacoma, Wash. 
The commission met at 10.30 o'clock a. m., pursuant to the call of 
the chairman. 

The following members were pio-rnt : Senator Joe T. Robinson 
(chairman), Senator Charles E. Tcwnsend. and Eepresentatives 
Charles D. Carter and Charles F. Burke. 



236 CUSHMAN SCHOOL^ WASHINGTON. 

STATEMENT OF H. H. JOHNSON, SUPERINTENDENT CUSHMAN 
SCHOOL, TACOMA, WASH. 

H. H. Johnson, first being duly sworn by the cliairman, testified 
as follows: 

By the Chairman : 

Q. You are the superintendent of the Cushman School? — A. Yes, 
sir. 

Q. What other official position do you hold in conjunction with 
that? — A. Well, I am superintendent of the Cushman Agency. 

Q. How long have you been acting in those capacities, Mr. John- 
son? — A. Almost five and a half years. 

Q. Were you connected with the Indian Service prior to coming to 
Tacoma? — A, Yes, sir. 

Q. What services had you rendered in that regard ? — A. Well, im- 
mediately prior to coming to Tacoma I was superintendent of the 
Jicarilla- Apache Agency. 

Q. That is in New Mexico? — A. Yes, sir; I was there for exactly 
five and a half years; prior to that I was subagent; they called me 
superintendent, but I was under an Indian agent, having charge of 
the Otoe Agency in Oklahoma. 

Q. How many pupils are there now or were there last year in the 
Cushman School? — A. Our highest attendance any one time was 370. 

Q. What was the number in the school when you came here? — A. 
About 135. 

Q. Do you laiow what the enrollment in the school was the year 
previous to the beginning of your administration ?- — A. I can not tell 
you now ; I never have had occasion to look it up ; it could be looked 
up from the records, but it was approximately what I found it. 

Q. How many teachers have you employed there? — A. Now, do 
you mean academic or the entire force? 

Q. Altogether, in the entire force. — A. Thirty-five or thirty-six. 

Q. What number of them, or proportion of them, is engaged in 
the academic work and what in the vocational training? — A. There 
are six in the academic work; then in the strictly vocational work 
six more ; then incidentally, a matron, and the cook and the laundress 
are vocational people. 

Q. When was the vocational feature of the institution established, 
Mr. Johnson? — A. You mean on its present basis? 

Q. Well, when was this class of work begun in the school? — A. A 
year ago last January. 

Q. tVHiat does this vocational training consist of ?— A. We devote 
our greatest energies to teaching w^oodwork and the ironworking 
trades in their various branches. 

Q. How many pupils, taking the woodworking trade, were there 
last year?— A. I think about 20. 

Q. How many took the ironwork? — A. Fifty or sixty in the va- 
rious branches. 

Q. AVhat proportion of tlie pupils in your school would you say 
are full-blood Indians? — A. Fifty per cent; that is just an approxi- 
mation. 

Q. Where do your pupils come from, principally? — A. Washing- 
ton, Oregon, and Idaho, and Alaska now. 



CUSHMAN SCHOOL, WASHINGTON. 237 

Q. How many pupils from Alaska are there in the school?— A. 
There were about 00 last year. 

Q. What is the relative number of pupils from the State of Wash- 
ington and from the State of Oregon? How do they compare?— A. 
Oh, we have very few from Oregon ; perhaps half a dozen ; the bulk 
of our pupils are from the State of Washington. 

Q. What tribes of Indians do they consist of principally— prin- 
cipally represent? — A. Well, beginning up on the Straits, there is 
the Miquas, sometimes called the Neah Bays, and the Quinieutes, 
the Quinaielts, the Cowlitz, Chehalis, Nisquaily, Skokomish, a 
branch of the Quinaielts, commonly called the Georgetown In- 
dians — Indians whose rights to allotments have been conceded on 
the Quinaielt Reservation but who do not live there ; the Puyallups 
live there right adjacent. 

Q. Yakimas? — A. Yes; the Yakimas, the Colvilles, and the 
Spokanes. 

Q. Now, state briefly the work that is done or the training that is 
given in this school outside of the regular academic course. — A. Well, 
to begin with, I want to explain that we difi'er from the ordinary 
manual training school ; the manual training idea is to teach the eye 
and the brain and the hand to work in conjunction, and the work 
they do is simply the vehicle. 

Manual training is all right and has a place, but a great many 
years ago, in fact, from the time I entered the service, I saw that 
there was a field for strictly trade work. I felt this: That is was 
not the thing with this generation of Indians to try to give them 
high academic attainment; that if we could train them so as to make 
them self-respecting, self-supporting citizens we had accomplished 
all we could in this generation, and with that end in view, whenever 
there was an opportunity I put the matter up to the department of 
a strictly trade school. 

By that I mean instead of a boy having a year in the carpenter 
shop, a year in the machine shop, and so on around, he w^ould come 
to us mature enough to know w'hat trade or to be able to determine 
what trade he wanted to follow, and we would give him time enough 
to thoroughly decide in his own mind, and then when he reached a 
decision we would hold him to that trade until we had mastered it. 
I know in my own experience, and I expect it has been the experience 
of most of you, that when we are getting our training there are times 
when we are discouraged and want to chuck the whole thing. That 
same thing is true with the Indian boy, but with us, instead of allow- 
ing them to change the trade, as frequently is done, we hold him 
to it, unless we determine that for reasons of health or for other 
reasons the boy has made an unwise choice of a trade. Then we let 
him make a change. 

Our idea is to hold the boy and give him a trade in a way that he 
can go out and support himself and his family. To give him a trade 
so that he will have confidence — self-confidence to compete with the 
white man. That is where the Indian is so frequently handicapped; 
he is afraid to pit himself against his white brother in any particular 
line of endeavor. 

Q. You have just recently commenced this kind of work, and I 
suppose you have had no opportunity of comparison between repre- 



238 CUSHMAN SCHOOL, WASHINGTON. 

sentatives of the two races so as to see how they actually get along 
in life? — A. Only in a limited way. Now, some of our boys — I can 
point to two or three— after they have been with us a year will go 
out in the loggings camps; take one boy in particular, he went into 
a logging can^p after he had been with us a little less than a year 
and got a job which he kept throughout the vacation at $3.50 a day 
operating a donkey engine, and that is one instance. Our boys fre- 
quently — we hear of them working out during the vacation time, 
even though they have not completed their trade; they have taken a 
step in advance of the ordinary unskilled laborer. 

Q. Go ahead and tell us all the trades that are taught there and 
your idea of the efficiency that is obtained in the trade before the 
pupil leaves the school. — A. Very well, sir. In the woodworking de- 
partment we teach woodworking, carpentering — we conceive that the 
Indian will need that, the woodworking department, more than any- 
thing else. 

Q. How^ far do you carry them in that? Do you intend to give 
them sufficient information and trading to enable them to draw plans 
of buildings and construct the buildings themselves from the ground 
up? — A. Yes; they will be able to draw some plans; of course, we 
can not take them"^into architecture and designing to any extent, but 
we give them, by an arrangement with the city high school — we give 
the city high-school work in the machine shop and in return they give 
us a teacher in drawing that gives the boys of the woodworking de- 
partment architectural drawing and the boys in the ironworking 
department machine drawing. While we can only give them a little 
more than the rudiments of drawing, they will be able to draw some 
plans. 

Q. What else do you teach there in the woodworking depart- 
ment?— A. Then we teach cabinetmaking, including furniture build- 
ing and pattern making. Pattern making itself is a trade, and a good 
trade in this vicinity. Then our Puget Sound Indians, as you prob- 
ably understand, are water men, and we are teaching them some- 
thing in the boat-building line. 

Qr In addition to the woodworking department, you have machin- 
ery taught there, have you?— A. That is a part of the course. 

Q. I want you to go ahead and describe that vocational work you 
are teaching there, in detail.— A. The operation of the machinery is 
a part of the instruction, because some of our boys will probably be 
factory men ; they need to know the operation of the shop machinery ; 
we have an arrangement with one of the woodworking concerns here 
to take our boys for the last two or three months of their woodworking 
course and put them in his own factory right along with the journey- 
men and mechanics, to give them an idea— get them to working along 
with white men. When we get through with a boy in our woodwork- 
ing department, we expect that he will be as fully equipped as a first- 
class white mechanic. 

Q. All right ; go ahead now and tell what you teach in the machine 
shop ?— A. In the ironworking department we have our machine shop 
there ; we take the boy and teach him the operation of the machinery, 
the different uses of the different metals. We take him from one 
machine to another, make him an all-around machine-shop man; 
that is essentially a factory proposition, and the boys that take the 



CUSHMAN SCHOOL, WASHINGTON. 239 

machine-shop trade will expect pretty largely to be factory men. 
Along with that they take up engineering, and that is what we are 
encouraging a great many of them to do, because there is a large 
field here in the Northwest for an all-around man, in these innumer- 
able mill camps. A man that can run the power plant, can do the 
blacksmithing incident to the camp, and can operate a lathe and make 
the repairs to the plant. 

Q. You say last year you had about 40 pupils in the machine 
shop? — A. About 60; that is, in the ironworking trades. 

Q. Can you state a little more definitely what proficiency some of 
them have manifested? You exhibited to the commission this morn- 
ing some of the work you were doing. Can't you state that so as to 
get it in the record? — A. Well, among other things, we built from 
the ground up a lO-horsepower marine gasoline engine, doing every- 
thing except making the castings. 

Q. Did you make the models? — A. No; for this machine we bought 
the castings from set patternrs. This year we are planning to build 
a larger engine, and this year we will make our own patterns and 
make our own castings. Our foundry is now just about equipped 
and ready for operation. We have constructed some machines for 
our own use, wherein we have made the patterns. 

Q. Well, tell what some of those machines are? — A. Well, one of 
those is a machine for grinding planer knives; a planer knife needs 
to be held in a rigid position and this machine clamps the knife and 
holds it against the stone and travels at a regulated rate of speed 
across the stone. And there is the engine I speak of — we over- 
hauled and practically rebuilt a 40-horsepower automobile engine. 
We have built some planer chucks, swivel chucks graduated so you 
can turn them at any angle, built them back around the planer for 
our own use. In addition to that we kept up the ironvv^orking 
machinery repair work in our plant. 

Q. In addition to the woodwork and the ironwork that you teach 
there, what else outside of the regular academic course do you 
teach? — -A. Well, our engineering course we consider one of our 
most important. There we take a boy and teach him, to begin with, 
the proper firing of boilers with both coal and oil. Oil is used 
pretty generally in the commercial plants of the Nortwest, and 
for that reason he needs to know oil firing. We have a smaller 
boiler in our laundry plant where we give the boy firing with coal. 
Then he gets the work on running the engine, the care of the en- 
gine, the care of the dynamo, and the repair work and the upkeep 
of a heating system, sewerage system, and water system. 

As I said before, the handling of the different fuel, the knowledge 
of electric wiring — those two new buildings you saw this morning that 
were put up, the boys did all of the electrical wiring and plumbing 
in those buildings, and when they get a little further along, when it 
is ready, they will do the setam fitting. 

Q. Do you teach domestic science and housekeeping there ? — A. We 
teach some things that we speak of as domestic science, but it is not 
domestic science. Our pupils only reach — their highest academic 
attainment is the eighth grade and they are not sufficiently grounded 
for real technical domestic science. Our aim is to make home makers 
of our Indian girls. 



240 CUSHMAN SCHOOL^ WASHINGTON. 

Q. What do you teach there, and how do you do it, in order to ac- 
complish that end? — A. Our domestic science buildins^ was designed 
after plans suggested — an idea suggested by myself. We take 18 
girls into the building; they have individual rooms. By that I 
mean two girls may occupy a room together, but it is not a dormi- 
tory. The workj week in and week out, is the routine of a well- 
regulated household. For instance, Monday will be wash day in 
the laundry, which is equipped with a common cookstove and hand 
washing machine and an old-fashioned flat iron, which is what 
the Indian girl will have in the ordinary home. They wash their 
own clothes and iron them; they get their own meals and care for 
the house, and they do it day by day just as an ordinary well- 
regulated household would do, week in and week out— the same thing 
over and over again. The idea being to get the girl thoroughly 
grounded in the process of keeping a well-regulated home so thor- 
oughly fixed that it will stay with her. 

Q. Are all the boys in the school required to take some trade? — A. 
All that are old enough and strong enough. Now, that school plant 
was built with funds derived from the sale of the old school farm 
which was Puyallup lands, and for that reason we must take any 
Puyallup child that is of school age, and for that reason we have 
some that are — quite a few that are not quite old enough and strong 
enough to take up the trades, but when they get old enough and have 
the physical strength and understanding to take up trade work they 
must take up some trade. - 

Q. Are the female pupils required to study_ housekeeping, or is 
that optional with them?— A. Oh, that is required; in the two last 
years, of course they get some of it in the lower grades, but the two 
last years of their course they are given the definite work. 

Q. What proportion of the- time is devoted to academic work and 
what to vocational training by the pupils in that school? — A. It is 
approximately equally divided. However, the shops run an hour 
longer each half day than the schoolroom keeps. Our shops run 
from 8 to 11.30 and i to 4.30, whereas the schools are from 9 to 11.30 
and 1 to 3.30. 

Q. What supervision have you for the female pupils in the school? 
How are they supervised ?— A. The female pupils first of all are 
under the head matron. 

Q. Who is she?— A. Miss Lambert. You met her in the girls' 
home — a large woman ; she has the general direction of the girls and 
also of the domestic departments, outside of the domestic-science 
building: I mean the institutioial domestic department. Then, the 
sirls are detailed to the various instructors, like the seamstress and 
the laundress and the cooks, and there they get some instruction. 
While they are detailed the instructor is responsible for them and 
she turns them back to the matron at the close of their detail each^ 
day. 

Q. How about the discipline among them? Have you had any 
serious difficulty regarding that?— A. No; as a general proposition 
the Indian boy' and girl are much easier disciplined than white boys 
and girls. . i i « » 

Q. What is the system of supervising the boys m the school ^— A. 
We have a discipline— to begin with the assistant superintendent, 
one of his duties is the general supervision of the boys. Then, we 



CUSHMAN SCHOOL, WASHINGTON. 241 

have the disciplinarian, who has the direct supervision of their going 
and coming, their clothing, the hours they keep, and their general 
bodily welfare. When they are on shop detail they are under the in- 
structor and the instructor is responsible, and when the shop detail 
closes they are again responsible to the disciplinarian. Now, in addi- 
tion, I will say that we have succeeded in working up a cadet organ- 
ization that has been a very great benefit to us in a disciplinary way. 
In fact, our discipline is in a considerable measure, you might say, 
self-administering. That is, our officers— the cadet officers assume 
the responsibility of directing and supervising the pupils under them, 
and we conceive that to be a very good point along the line of char- 
acter building, because these boys that are taking the trades, we hope 
some of them may rise up to the positions of foreman and superin- 
tendent, and the training that Ave give them as cadet officers is a 
schooling that is certainly of some value in the handling of men. 

Q. What are the general habits and moral conduct of the pupils, 
both male and female?— A. Well, we feel that our boys and girls 
are a pretty good lot. Of course they are boys and girls, or chil- 
dren, and they are children of a primitive race. Sometimes they 
come from homes whose standpoints are not what ours are, but, 
generally speaking, I would say their moral standard is high for 
the opportunities they have had. 

Q. Practically all of them are residents of other cities than Ta- 
coma, aren't they?— A. Oh, yes; possibly we have a half dozen 
whose homes are in the city of Tacoma. Perhaps more than that, 
because some of the Puyallups live right here in the city. 

Q. So, whatever restrains are throAvn around the pupils or exerted 
over them must come from the school itself? — A. Yes, sir. 

Q. Now, what I want to know is what your system of restraints 
is and how it operates? — A. To begin, the female pupils never 
leave the grounds without being accompanied by an employee : that 
is an ironclad rule. 

Q. Is that employee a male or female employee? — A. It might be 
one or tlie other. Our boys we can give more liberty. Our boys 
leave the grounds only on a pass. We have a pass system. The 
boys go and ask for permission to go down town, we will say. If 
it is during the week he must have some good and sufficient i-eason 
for going, but Saturday afternoon is considered in all Indian schools 
a half holiday. Any iDoy whose conduct during the week has been 
satisfactory can get liberty to go Saturday afternoon and go where 
he pleases. This pass states that he leaves the school at a certain 
time and has to return at a certain time and is signed by the dis- 
ciplinarian. When he returns he must convey it to the disciplinarian 
and surrender it to show that he has returned. 

Now, let me explain a little further. When I came here we were 
having a great deal of trouble with boys running down town, and 
they were drinking more or less. The police department very 
readily agreed to coo])erate with me on these passes. The police 
here have instructions if they see one of our boys down town — they 
can tell them, because they are in blue uniform or tan corduroy — 
if they have any suspicion that the boy is away without leave, they 
demand his pass, and if he can not show it he is taken into custody, 
and we are notified to go after him. So we have practically no 
trouble about the boys going down town without permission, and 



242 CUSHMAN SCHOOL^ WASHINGTON. 

we know where they are at any and all times through this pass 
system. 

Q. Who stays in the girls' dormitory? Anyone other than Miss 
Lambert? — A. The assistant matron. 

Q. What is her name ^ — A. Her name is Ward; she is a new em- 
ployee; just arrived. 

Q. How about the girls? They are not permitted, you say, to 
leave the grounds without being attended by some employee of the 
school? — A. Yes. 

Q. Have you had many complaints registered of misconduct 
among your pupils, say, during the last year? — A. When they are 
off the grounds ? 

Q. Yes; or on the gi'ounds, either; gross misconduct? — A. No; 
we have had two or three cases, as you are bound to have in any in- 
stitution, of gross misconduct; but I have understood from the 
people here in town that it is a matter of general remark as to the 
good behavior of our pupils when they are off the grounds. 

Q. Is there a school or college spirit among the pupils at Christ- 
mas? — A. Decidedly, now. 

Q. How does it manifest itself? — A. Well, just as an illustration, 

when our pupils go home for the summer there are many of them 

bring back others, representing that it is a good institution to go to. 

Q. Have they an organization among the former students of the 

school? — A. Yes. 

Q. Do they have meetings? — A. We have a reunion every year 
during the commencement week. This last commencement, at my 
suggestion they organized a students' association among themselves. 
Now, as to whether they have had meetings since that or not I don't 
know. 

Q. What were the health conditions of the school last year? — A. 
Very good. 

Q. Have any deaths?— A. Not one; which is very remarkable. 
Q. What were the principal diseases that afflicted the pupils ?— A. 
Well, we had an epidemic of chicken pox and a little incipient epi- 
demic of measles; we had some cases of pneumonia, but we pulled 
them all through successfully. 

Q. Have you a hospital there for the treatment of the pupils ? — A. 
Yes. 

Q. Do you know the total number of pupils registered in that 
hospital last year? — A. No, sir; that is a matter we could look up. 
Q. I suppose the physician would know more about that? — A. 
Yes; but I could get it from my office records. They sumbit a re- 
port to the office every morning showing what pupils are in the 
hospital, when they came in, what the diagnosis of the case is, and 
their condition on the day that the report is turned in. 

Q. What is the total number of employees at Cushman School? — 
A. Thirty-five or thirty-six. 

Q. Well, have you no employees who are not teachers? — A. Well, 
we have our office force, our clerical force. 

Q. How many clerks have you ? — A. I have five. 
Q. Have you any laborers? — A. Yes. 
Q. How many of them? — A. I have three. 

Q. What work do they do ? — A. One of them does the disciplinary 
work ; that is the position he is carried in ; and another one 



CUSHMAN SCHOOL, WASHINGTON, 243 

Q. AVell, he is really a teacher^ — A. He is really a teacher. 

Q. I am talking about ordinary laborers — the peo})le who do ordi- 
nary work? — A. We have none. 

Q. You have none? — A. No, 

Q. By whom is that work done? — A. By the pupils. 

Q. AVhat was the total expense of the school last vear — A. About 
$70,000. 

Q. What was the average cost per pupil ?^A. That would be ap- 
proximately $200. Our average attendance for the year, as I recall 
it, was 350 and a fraction. 

Q. What Avas the dining-room expense, or the expense necessary 
to supply food to the pupils? — A. We figured that at about $8 per 
month per capita. 

Q. Well. I know you figured it that way; can't you tell what it 
cost ? — A. Take our ration table and we know the cost of each article 
and the amount that is allowed each pupil, and add to that 

Q. (Interrupting.) Well, do you issue rations to them? — A. Well, 
you see. it is not an issue of rations to the table, but we are regu- 
lated by a ration table as to how much we can use per day per pupil. 

Q. Now, what food is served there and how is it served, generally 
speaking? — A. It is prepared by a cook and assistant cook, with the 
help of the pupils. A meal is put on the table all at once, as near 
as possible. 

Q. They are all served at one time? — A. Yes. 

Q. Now, you say it is prepared with the help of the pupils. Of 
course, they don't all help? — A. No; they are detailed month by 
month. One detail will be in the kitchen one month or two months. 

Q. Is it your idea in doing that to not only get the work done, but 
also to give the instruction in the work? — A. Yes. 

Q. So they may be better prepared for it ? — -A. Yes. 

Q. What percentage of the pupils in the school last year could 
cook? — A. You mean that could actually prepare a meal?"^ 

Q. Yes. — A. I could say about 25 per cent of the females. 

Q. Have you much trouble in that school with trachoma ? — A. No ; 
the examination by the surgeon of the Public Health Service 
throughout the United States, according to the pamphlets they is- 
sued, showed our school, outside of two little mission schools, to have 
the lowest percentage of trachoma of anv school in the United 
States. 

Q. What physician made that examination? — A. Dr. Llovd 
made it. 

Q. Made it himself ?— A. Yes. 

Q. How long was he engaged in making it? — A. Two days, if I 
recollect it. 

Q. Were you present while the examination was being made? — A. 
Yes. 

Q. How were they made?— A. He would look at a pupil and turn 
one eyelid back; if there was no indications he w^ould pass the pupil. 

Q. Did he personally examine all of the pupils ? — A. Every one. 

Q. So that he had an opportunity of knowing the actual number 
in that school that were afflicted with trachoma? — A. Absolutely 
every child. 

Q. Did he make an examination for tuberculosis? — A. Yes. 



244 CUSHMAN SCHOOL, WASHINGTOK. 

Q. Do you remember what he found in that regard? — A. He 
found no "pupil at that time that he pronounced should be dis- 
missed; I think there were four or five incipient cases that he told 
our doctor he would need to keep under surveillance and watch the 
development. 

Q. Did you send any pupils away for treatment elsewhere tor 
tuberculosis ?— A. Yes ; we have quite a number ; I think perhaps a 
dozen, at the sanitarium at Fort Lapwai, Idaho. 

Q. From this school?— A. From my school and agency; there have 
been a few who have gone there who were not registered pupils m 
the school. 

Q. What percentage of pupils who apply for admission to the 
school were rejected because they were afflicted with infectious or 
contagious diseases?— A. That would be very largely a guess, be- 
cause we keep no record of them. I should say possibly 5 per cent. 

Q. The first examinations are made at the agency? — A. Yes. 

Q. From which they come?— A. Yes, sir. 

Q. Is there also an examination made here? — A. Yes. 

Q. Are you personally informed every time an applicant is re- 
jected, or i's that called to your attention?— A. Yes; because the dis- 
missals have to come from me. 

Q. Can you state about how many there were last year, for in- 
stance, that were rejected because of disease? — A. Oh, I should say 
perhaps 20; we have no record of that, because if they come to us 
and we examine them we tell them, " We can not take you," and we 
never make any record of the receipt of the pupils. We do not put 
him on our books. 

Q. What services do you render in connection with the school 
yourself? — A. I am the executive head of the school, have the gen- 
eral supervisory charge, direction of the employees of the different 
departments, the outlining of the policy of the school, and the gen- 
eral scheme of instruction. 

Q. You don't do any instructing yourself? — No, sir; I can not. 

Q. Do you visit the various departments in the school in person ? — 
A. Yes. 

Q. How often do you do that, or do you have any fixed time? — 
A. No; I don't have any fixed time, because I want to drop around 
when they are not expecting me. 

Q. How often, for instance, do you go to the woodworking de- 
partment? — A. I intend to go there every day I am on the plant; of 
course my duties as agent take me away from the school at times; 
when I am at the school it is my plan to go there each day some 
time, if only for a few minutes. 

Q. Do you personally supervise the machine shop, too? — A. In 
just the same way. 

Q. Investigate the vrork that is being done there? — A. Yes; if I 
start out to make a tour of the shops or the grounds if the time will 
permit I just keep going as we did this morning until I have visited 
the entire plant. 

Q. What portion of the time do you put in in going around to the 
various buildings and looking over the work? — A. A tour of the 
grounds usually takes about two hours. Then in the evening— 
you will understand that the office work; I must be there a good 
share of the day.. In the evening after the office work closes — after 



CUSHMAN SCHOOL; WASHINGTON. 245 

dinner — is the time 1 devote the nicst of the time lo the <>;i'ounds. 
I visit the varions departments and consult with tlie heads about 
future work, because I can better spare the time in the evening 
and so can thej. 

Q. Now, des€i-ibe your office woi-k and tell us of what that con- 
sists. — A. It consists in the management of the school and also the 
office work incident to an Indian agency. I have general supervisory 
charge of the Indians of southwestern Washington, not only the 
reservations but the unattached Indians; in a general way my juris- 
diction is from the Strait of Juan de Fuca south to the State line 
west of the Cascade Mountains. 

Q. How many Indians are there in that district? — A. There are 
about 2.000 enrolled Indians; unattached Indians I estimate at about 
2,000 more. 

Q. What reservations have you? — A. We have the Puyallup, if it 
can still be called a reservation, which I hardly think it can; the 
Nisqualli; the Muckleshoot : the Chehalis; the Quinaielt; the 
Squaxin Island ; the Skokomish, and another reservation that is 
sometimes called Shoalwater Bay Reservation and sometimes George- 
town. 

Q. What is the total area under your jurisdiction, approxi- 
mately ? — A. You mean of Indian lands or the entire territory that 
I cover? 

Q. Of Indian lands. — A. The Quinaielt Reservation has approxi- 
mately 224,000 acres and it is the largest one; the other reservations 
range from 4,000 acres down; I should say 240,000 acres would about 
sum it up. 

Q. What do you do in connection with these various reservations? 
What are your duties and how do you perform them? — A. Well, they 
are duties of administration; on some of them I have a representa- 
tive there through whom I deal. 

Q. Do you visit the reservations? — A. Yes, sir. 

Q. How often? — A. Well, that is a matter that is very irregular; 
just when it seems necessary; some reservations I have been to as 
high as a dozen times a year, others perhaps half a dozen. 

Q. What communications have you with these subagents or farmers, 
whoever represent you on these reservations? — A. By mail or tele- 
graph or long-distance phone. 

Q. Have you telephonic connections with all of them? — A. No. 

Q. AVhat part of them? — A. I can reach through transfer the 
Quinaielt; we can reach directly the Muckleshoot. 

Q. Of course it is impossible for you to supervise the school and 
personally supervise all these reservations. Now, what I want to get 
at, what is your system with regard to reaching the reservation 
directly and dealing with the problems that arise there? — A. That 
is done through the representatives ; they make me weekly reports of 
that is transpiring, and when there are matters that they under their 
general instructions can not handle they are referred to me. 

Q. Who are these representatives, and what are their official posi- 
tions, and where are they located? — A. I have a farmer in charge 
on the Quinaielt, whose name is A. B. Roscovius; his headquarters is 
at the subagency ; the post office is known as Tahola. 
35601— PT 3—14 3 



246 CUSHMAN SCHOOL^ WASHINGTON. 

Q. Can you reach him by telephone? — A. Through a transfer; 
I Inive a long-distance phone which is transferred to our own line. 

Q. How far is his office from. here? — A. About 130 miles. 

Q. What does he do? — A. His duties are simply those of a sub- 
agent, to look after the business. 

Q. What is he called? — A. Farmer. 

Q. That is in a large part a fictitious name ; that is, he is not actu- 
ally a farmer; he does not actually teach farming, does he? — A. No. 

Q. (to ahead and tell what his duties are? — A. To look after the 
sanitation of the village; he has general control of the village, the 
coming and going of white people — Avhether or not they have a 
right: to supervise the Indian police and supervise the court of 
Indian offenses. 

Q. Persons having complaints or business concerning Indian af- 
fairs within your jurisdiction; do they visit your office, or do they 
visit the local offices ?^A. Usually it goes through the local office 
first : then if they want to come to me they bring a statement of the 
condtitions from the man in charge. 

Q. You rely on the man in charge? — A. I must. 

Q. You have to do that under the system ? — A. I must. 

Q. Why do you say you must? — A. Well, because what would be 
the use of him if I did not rely on him. If I did not rely on him 
I might as well not have him there. 

Q. Well, is there any other reason? — A. Well, I can't be there 
every day. 

Q. Well, it is because j^ou can not give your personal attention to 
it; is that it? — A. Yes. 

Q. How many times have you been on the Quinaielt Reservation 
during the last 12 months? — A. That I can not say without going to 
the records, but I should say about 8 or 10 times. 

Q. Have you a record of the places that you visited? — A. Yes; 
that could be ascertained from my expense account. 

Q. Do you know about the length of time that you stayed — that 
you stay on the reservation? — A. Well, it is from a few hours to as 
much as 10 days ; less than a year ago I was on the Quinaielt Eeser- 
A^ation for almost two weeks. 

Q. AVhat are the general conditions on the Quinaielt Reservation? 
What is the number of Indians on that reservation, first?— A. I 
.should say actually residing on the reservation there were probably 
about 400"^ 

Q. What are they principally engaged in? — A. They are primarily 
fishermen. 

Q. Do you know whether any of them are farming or not? — A. 
There are a few of them cultivate a little land, perhaps I should 
say — oh, not to exceed a dozen. 

Q. What is the total area of lands farmed on the reservation by 
Indians themselves? — A. I don't suppose it would exceed 80 acres. 

Q. Why do you call Mr. Roscovius a farmer? — A. Because that is 
his official position; he is carried on the payroll as a farmer. 

Q. Have any complaints as to administrative matters been regis- 
tered with you from the Quinaielt Indians during the last 12 
months? — A. Yes. 

Q. What do they relate to? — A. Largely as to their dealings Avith 
the farmer in charge. 



CUSllMAX SCHOOL, WASHINGTON. 247 

Q. AVhat do thev complain of? — A. AWll, i)riiK'ipally that he is 
hard to get ak)ng- with — one man complained that he was 

Q. Well, did you investigate the complaints? — A. Yes. 

Q. What investigation did ycju make?— A. Personal investiga- 
tion. 

Q. Did you talk with the Indians who were supposed to know 
about the complaints that he made? — A. Yes. 

Q. Did you submit any report of it to anyone? — A. No. 

Q. Did "you take any "action in regard to it?— A. Yes; I simply 
told the f{"irmer that he must be more careful in his dealing with 
them, 

Q. What did they complain of? — A. One man complained that 
he was compelled to cut some wood as a penalty for not saying 
" good morning " to the farmer. 

Q. Did you find whether that was true or not ? — A. The farmer's 
statement was that it was for a different offense. 

Q. Has he poAver to punish offenses?— A. As confirming the ac- 
tion of the court of Indian offenses. 

Q. Did you investigate and find whether the Indian had been tried 
and sentenced to cut wood by the court? — A, No; I did not; I 
simply took it for granted that the Indian would not be punished 
unless he was. 

Q. What is the use of making an investigation if you are going 
to take it for granted that he would not be punished unless he ought 
to be? There was a man that charged that a penalty had been 
imposed on him by an employee under your supervision for what 
was in law no offense; what did you do a"bout it? How did you in- 
vestigate it? Did you just ask Mr. Roscovius? — A. I asked him 
what the facts were. 

Q. What did he say?— A. And he said that it was not for refus- 
ing to say good morning, as was claimed, but for counseling the 
Indians not to work on the road as they had been directed to do, 
by not only myself, but the action was approved and prescribed by 
the department. 

Q. Well, did you talk with anyone else about that complaint be- 
sides Mr. Roscovius ?— A. I talked" with some of the Indians, and they 
did not appear to know definitely. 

Q. What was the name of that Indian himself that was sentenced 
to cut wood ?— A. Billie Garfield ; he is right here in the room. 

Q. Did you talk with him about it?— A. Yes; he came to me with 
his complaint. 

Q. What other complaints did you have occasion to investigate?— 
A. Well, I do not think of any specific cases now. 

Q. Have you authority to require the Indians to work the roads 
under the regulations? — A. Yes, sir. 

Q. What length of time are they required to work?— A. To keep 
100 feet in repair — when I took charge of that reservation ■ 

Q. What do vou mean bv 100 feet ?— A. One hundred linear feet. 

Q. Each Indian is?— A! Each Indian who has fishing ground, 
who has fish to be transported out. is expected to keep a hundred 
feet of the road in repair. 

When I took charge of the resei-evation the roads were simply 
frightful. There was only one way to get in there, part of the 
way over the beach: part of it over a little more than a trail, and 



248 CUSHMAN SCHOOL^ WASHINGTON. 

I instituted that plan. It had been done in a sort of desultory way 
before by assigning a certain section to each man that had fishing- 
grounds to keep in order. That got 2 or 3 miles in pretty good 
shape, and last year I said, '' Now, boys, you have got this road in 
good shape; let's let it alone this year and build an extension of new 
road so we won't have to go down on the soft beach for the last 
part of the trip." 

To go from the railroad into the subagency you go along the beach 
5 miles, and then over the hill, and then down onto the soft beach, 
which is particularly hard traveling, and during the winter tides it 
is very dangerous at times. 

I said, '" There is about a mile and three-quarters here, and it 
takes about six days for you to keep your section in order; we will 
just let the section run, and if you will do a certain part of the new 
road we w^ill accept that in lieu." We call it a kind of poll tax — call 
it whatever you please — they objected to that and they appealed to 
the department. The assistant commissioner, then acting commis- 
sioner, had just a few months before been on the reservation and 
seen this road work, and the department sustained me and told the 
Indians they should work that road. 

Q. What was the total number of Indian required to work on that 
road last year ? — A. I think there were about 40 stations on the road. 

Q. Out' of the total population of 400, about 40 worked? — A. Yes; 
we only required it of men who had fishing grounds; they were the 
ones directly interested. 

Q. That was on the theory that the}^ w^ere the principal users of 
the road, I suppose? — A. They had to have the road to get their 
product out. 

Q. What amount of individual funds have you control of? — A. 
About $35,000, approximately. 

Q. How is this fund handled ? — A. It is in the First National Bank 
of Hoquiam, deposited to the credit of each individual Indian. 

Q. Does it draw interest ? — A. Yes ; 3^ per cent. 

Q. Have any complaints been made to you about the allotments 
or failure to allot on the Quinaielt Reservation ? — A. You mean that 
the people that thought they were entitled did not receive allotments ? 

Q. Yes ; or complaints about allotments ? — A. Yes ; there have been 
some complaints. 

Q. Wliat were those complaints? — A. Well, in some cases they 
claimed that they did not get the lands that they selected. 

Q. Do you know about how many of those cases there were? — A. 
No; I don't. 

Q. Who is the allotting agent there? — A. Mr. Archer. 

Q. He is here?— A. Yes. 

Q. Did you investigate those cases? — A. Yes; and in most cases 
they could not be allotted this land, due to the department's regula- 
tions as to its classification as land being more valuable for its timber 
than agricultural purposes. 

Q. How are the lands on that reservation classified ? — A. Into two 
classes, abricultural and mineral. 

Q. Have you any mineral land ? — A. Well, the mineral proposition 
only came up 

Q. Were any lands classified as minerals? — A. No. 



CUSHMAN SCHOOL, WASHINGTON. 249 

Q. You haven't any land ^et aside for power sites or power pur- 
poses? — A. No; the department has made two or three investiga- 
tions of possibilities, but abandoned it as unfeasible. 

Q. What is the total area of the lands classified within the Quinai- 
elt Ret-ervation as aoricultural lands? — A. That I can not answer, 
because that has been in the hands of the allotting agent. 

Q. Of course, you would not know the area classified as timber 
lands? — A. Xo. 

Q. What investigation did you make into these complaints about 
the allotment; what did you' do about them?— A. Well, I simply 
talked to Mr. Archer as to why they were not allotted. 

Q. Well, the coniplaints were about his action? — A. That he did 
not give them the land they selected. 

Q. You referred it back" to Mr. Archer?— A. Yes; and his state- 
ment was that, under his regulations that he had from the depart- 
ment, that he could not do it. 

Q. Do you know about the Billie Garfield case — iO acres he 
claimed he was entitled to as an allotment that was not allotted to 
him?— A. Only in a general way, and that is, that in selecting the 
allotments he "selected fractions — now^, this is indefinite, you under- 
stand — that he selected fractions; for instance, he might have se- 
lected 80 acres that only had 77 or 74 acres. 

Q. Well, was that case called to your attention? — A. Yes. 
Q. He complained? — A. Yes. 

Q. What investigation did you make, if any?— A. I asked Mr. 
Archer; and that was the explanation, that he elected to take that 
fractional piece. 

Q. I suppose you got no further information from it except what 
was furnished by Mr. Archer? — A. Yes. 

Q. I suppose he would know better about that than you? — X. Yes. 
Q. Were leases of oil lands made on the Quinaielt Eeservation? — 
A. Yes, sir; there have been some leases made. 

Q. Do vou know how many have been made and about the areas 
of tribal "lands that have been leased?— A. I have the information 
right here; I can give it to you exactly; but, as I recall it, there 
have been 18 tribal leases w^-itten, and the maximum for each lease 
is 4,800 acres ; some of them did not take the maximum : I have the 
leases right here. 

Q. Was a uniform copy of lease used? — A. Yes. 
Q. Have you a copy of that?— A. Yes. 

Q. Let me see it?— A. It is the form furnished by the department. 
Q. It is the usual department form, is it?— A. Yes. sir; there is 
one of them just as it came back to me approved, this morning, with 
the correspondence attached. 

Q. How^ did this movement to lease the lands on the Quinaielt 
Reservation for oil purposes originate and when?— A. Sometime in 
1910, I think pretty early in the year, there was a man by the name 
of M. K. Rodgers, "who operated from Seattle, came to me regarding 
it; and I had never had any experience with handling oil leases, and 
so I wrote the department for instructions, which they sent me. 
This man Rodgers prospected on the reservation under permission 
from the department, and the department gave me instrnctions to 
hold a council with the Indians to determine whether or not they 
were willing to lease their lands for mineral purposes, which I did. 



250 CUSHMAN SCHOOL, WASHINGTON. 

Q. Was that instruction in Avriting? — A. Yes, sir. 
Q. Will you let me see that, please? — A. Yes, sir. 
Q. Have 3'ou more than one copy of that? — A. No. sir. 
Q. I suppose you would want to have that ? — ^A. Yes. sir. I can 
have a copy made for you. 

(Copy of said letter was marked " Exhibit 1." and was as follows:) 

Department of the Interior, 
United States Indian Service. 

Washington, JuJij 13. 1910. 
H. H. Johnson, Esq., 

Superintendent Cuslwuin Indian School, Tacoma, Wash. 
Sir : The office has received your letter of June 28, 1910, relative to the de- 
sire of M. K. Rodgers to prospect for oil on the Qninaielt Reservation, in order 
to ascertain if there is oil in paying quantities, before entering into a lease. 

Copies of the regulations governing tlie leasing of tribal and allotted Indian 
lands for mining purposes are inclosed, as are blank applications for permission 
to negotiate for leases, which application should be filed out and submitted to 
the office in duplicate before any negotiations are entered into. 

Tliere are also inclosed copies of the regulations governing prospecting ou 
Indian reservations and notice of claim. Under these regulations if permission 
is granted to negotiate for leases of tribal lands, the permittee will be allowed 
90 days in order to locate the lands which he may want to lease. Before appli- 
cations for permission to negotiate leases would be approved, a council of the 
Indians must be held in order that they may express their willingness to lease 
the ti'ibal lands for the purpose indicated. Should Mr. Rodgers or others de- 
sire to make application under their regulations, you should call a council of 
the Indians and present to them the question of authorizing the leasing of their 
tribal lands for mining purposes, and forward a duly authenticated report of 
the council proceedings to the office with your recommendation. If the Indians 
authorize the leasing of the land, applications for leases of tribal lands would 
then be considered. 

If it is desired to lease allotted lands alone, it will not be necessary to pres- 
ent the question to a council of the Indians, as permission may be granted by 
the office to negotiate with individual allottees who will sign their own leases. 
Very respectfully, 

C. F. Hauke, 
Second Assistant Commissioner. 

Q. Under date of July 13. 1910, you say you were instructed to call 
a council of Indians and present to tliem the question of autliorizing 
leases of their tribal lands for mining purposes? — A. Yes. sir. 

Q. Did you call a council? — A. Yes. sir. 

Q. How was that council called? — A. That was called through 
the man on the reservation. I notified him that I would meet the 
Indians in council on a certain day and for this purpose. 

Q. Well, do you know when you notified him, and how?— A. Well, 
no; I always make it a point to notify them at least a week in ad- 
vance, and I have done it as high as a month in advance, where there 
Avere interested parties that had to come from a distance. Xow, here 
is the copy of the proceedings of the council. 

Q. Wait a minute; I am not ready for that yet. You have no per- 
sonal recollection or record of the notice that you gave of this coun- 
cil? — A. Xo: I have no personal recollecti(m, and I can not say. 

Q. You relied on Mr. lioscovius to give notice to the Indians? — A. 
Yes. 

Q. He was the particular man you communicated with? — A. Yes. 
Now, I may have a record of when I notified him. I won't say as to 
whether or not I have. Sometimes I notified him over long-distance 
telephone. 



CUSHMAN SCHOOL, WASHINGTON. 251 

Q. At least you can not state now when it was? — A. No; I can not 
state now. 

Q. Do yon know of your own knowledge what action he took in 
regard to notifying the'lndians so as to give them an opportunity to 
be present ? — A. Only his report to nie. 

Q. Did he make a wiitten or verbal report? — A. No; verbal. 

Q. AVhat did he tell you? — A. He said he notified everybody on the 
reservation. Those ott' the reservation we could not reach, and they 
would not come if we could reach them. 

Q. What means of communication could he use to notify those 
people? — A. They all live in the village — ])ractically all live in the 
village, except there is a little settlement at Quiets River, and with 
that we have telephone communication. 

Q. How is that Indian council composed and how is it organized ?^ 
A. It is simplv convened by me. 

Q. Of whoiii does it consist?— A. Of every person in the tribe over 
18 years of age. 

Q. What are the total number of members entitled to participate 
in the council? — A. I think a little over 100. 

Q. Have you a list of them?— A. No: except as I would get it 
from my census roll. 

Q. There is no official council list in existence, as far as you 
know? — A. No. 

Q. Now, after having Mr. Roscovius notify them that you were 
going to have a council, where did you hold the council? — A. In the 
school building. 

Q. At the subagency? — A. Yes. 

Q. How manv were present ?— A. I can not say: the r(!om was 
prettv well filled ; it will seat 28 pupils normally. 

Q."Did you make any investigation to find out whether a quorum 
was present or not or "did you assume a quorum was present?— A. 
No; I made no investigation as to whether a majority — tliat is what 
you mean bv a quorum? 

Q. Well. I don't know: I am trying to find (Hit from you what does 
constitute a quorum of that council.— A. The members present. 

Q. Five members could hold a council if there was no one else 
present? — A. Yes. However, I would say I would not go into a 
council with that small a number, because I Avould not consider it 
representative ; but they could. 

Q. Do you laiow about how many you did actually have? — A. I 
])resume about 50. 

Q. "SAliat is the total number of persons over IS, if you know? 
About how many? — A. Something over a hundred. 

Q. You mean" adult males, don't you ? — A. Yes. 

Q. And you think there was something over a hundred ?— A. 1 es. 

Q. Yon think there were about 50 there?— A. Yes; understand me, 
that is on the rolls of the tribe. Now. the rolls of the tribe include 
the Georgetown Indians, who, while they are technically Quinaielts, 
do not live there and w^on't live there. 

Q. How long was that council in session?— A. Well. now. that is 
over three years ago, you understand. 

Q. Yes; "^I know. — A. I think from my recollection of the discus- 
sion that is was a good portion of an afternoon. 



252 CUSHMAN SCHOOL, WASHINGTON. 

Q. Who kept the record of the council that was then held?^A. 1 
did; it did not appear that it would be voluminous enough to warrant 
the expense of taking a clerk over there, and T did it myself. 

Q. What hai)pened in the council meeting; just describe it. — A. 
AVell. I had a copy of the regulations of the department pertaining to 
mineral leases which I read to the council and had thoroughly ex- 
plained, and then the discussion was back and forth as to whether 
there was oil there ; most of the Indians were pretty skeptical, but I 
explained to them that it Avould do no harm to let somebody that 
wanted to find out, and if they had a valuable resource there that, 
in my judgment, they should have it developed. They displayed a 
great deal of intelligence in discussing the matter. They wanted to 
know how these things were done, what they would get out of it, and 
how and when. Take it with the older people, it was a little bit 
difficult to get them to understand just the meaning of the Avord 
"royalty." They did not quite conceive of just what the word roy- 
alty meant, and I have a very distinct recollection of how I showed it. 
There are a few Indians up there that fish on a share. We have that 
situation, and I used that as an illustration; when you catch so many 
fish you have to turn over such a number to the person who owns the 
fishing groimd, and I said this royalty is exactly the same proposi- 
tion. These people take out so many barrels out of the ground and 
they have to turn over out of every hundred barrels — the regulation 
prescribed 12^ per cent royalty. I said th^y have to turn over to 
you 12i barrels out of every hundred. I have a very distinct recol- 
lection ; it took a great while to get them to understand that. 

Q. Did they particijjate in the discussion? — A. Yes. 

Q. How many of them talked about it? — A. There was quite a 
large number ; some of them simply said, " I agree to what the last 
man said"; and others just without rising said, "I believe we ought 
to allow this development to go ahead." There were perhaps a half 
dozen that made talks of more or less extent. 

Q. Did anyone present express opposition to authorizing the 
leases? — ^A. No, sir; not one; they were a unit on the proposition that 
if they had an undeveloped resource that they wanted it developed. 

Q. What was done at that meeting as a final result, was a vote 
taken? — A. Yes. 

Q. How was it taken? — A. By raising of the hands. 

Q. Did you count the vote and make a record of it? — A. No; we 
made no record of it ; I counted the vote and then asked for an oppo- 
site vote and there was no dissenting votes. 

Q. You gave an opportunity for a contrary vote? — A. Oh, yes; 
certainly. 

Q. No one voted against the granting of the leases? — A. No, sir. 

Q. What did you do with the minutes of that meeting? — A. I 
forwarded them to the Indian Department. 

Q. Did you hold other councils? — A. Yes, sir. 

Q. What were they held for? — A. Well, the department replied to 
me — I say replied — t don't know whether it was a reply to any par- 
ticular letter or not, but they informed me it would be necessary for 
some one to be designated to sign the leases for the tribe and in- 
structed me to call a council — there is the letter — and submit the 
question to the tribe, suggesting, as you will see, that it would be 



CUSHMAN SCHOOL, WASHINGTON. 253 

entirely proper for the council to designate me to perform this simple 
ministerial act. 

Q. Have you a copy of the letter to Avhicli this is a response, the 
letter which you wrote, under date of July 27 ? Did you keep a copy 
of your letter? — A. Oh, yes. 

Q. Will you get me that? — A. I haven't that with me. 

Q. Will you get it and furnish it to the stenographer so it may go 
in the records? — A. Yes, sir. As I recall it it was simply a trans- 
mittal of the proceedings of the council. 

(Letter of witness to the Commissioner of Indian Affairs, under 
date of July 27, 1910, was marked " Exhibit 2,'' and was as follows, 
with the replv to same, under date of August 26, marked " Ex- 
hibit 3":) 

Department of the Interior, 
United States Indian Service. 

Office of Indian Affairs, 
WashitifitdH. August 26. 1910. 
Mr. H. H. Johnson. 

SupcrinteiHlent CusJnnan Indian Scliool. Tuvoiiki. W'lisJi. 

Sir: The office has received your letter of July 27, I'.HO, forwarding a copy 
of the council proceedings of Quinaielt Indians, in which they unanimously 
agree to permit the leasing of their tiibal lands for mining purposes. 

It is noted that while the council selected three of their members to sign 
its proceedings, it did not select anyone to sign leases for and on behalf of the 
tribe. It is thei-efore suggested that in case any persons apply for leases of 
tribal lands that you convene a general council for the purpose of having the 
Indians select either the superintendent in charge of the reservation or some 
members of their tribes to sign the leases for the tribe. On the Shoshone 
Reservations, where several tribal leases haAe been made, the business com- 
mittees of the tribes have been authorized to sign the leases. 

There are sent you under .separate cover a small supply of the regulations 
governing the leases of tribal lands for mining purposes, regulations governing 
prospecting on Indian reservations, notice of claim, and blank mining leases of 
tribal lands. In case leases are negotiated the following should be inserted 
in lieu of Article V : 

Art. V. The party of the second part, for and in consideration of the priv- 
ilege of conducting mining operations upon said described lands, for the period 
of time herein stated, hereby covenants and agrees to pay or cause to be paid, 
in lawful money of the United States to the United States Indian agent of said 
agency, or to such other person as the Secretary of the Interior may desig- 
nate, for the use and benefit of said Indians, the following rentals and roy- 
alties: 

1. Annually, in ad\'ance, a rent of cents per acre for the first year 

or fraction thereof up to December 31 ; cents per acre for the second 

year; and cents per acre for the third and each succeeding year. 

2. For substances other than gold, silver, copper, lead, zinc, tungsten, coal, 

asphaltum, and allied substances, oil and gas, a royalty of per cent of 

the value at the nearest shipping point of all ores, metals, or minerals mar- 
keted, payable quarterly. 

3. For gold, silver, copper, lead, zinc, and tungsten a royalty of per 

cent payable quarterly, and to be computed on the gross value of the ores as 
shown by reduction returns after deducting freight and treatment charges. 
Duplicate reduction returns shall be tiled by the lessee with the superintendent 
or other (lUicer in chax'ge of the reservation from which the ores are taken 
within 20 days after the reduction of the ores, and the royalty shall be paid 
to the sui)erintendent or other officer in charge within 10 days after the end of 
the quarter within which such returns are made. 

4. For coal, a royalty of cents per ton of 2,0(XI pounds, mine run, or coal 

as taken from the mine, including what is commonly called slack, payable 
quarterly. 

5. For asphaltum and allied substances, a royalty of cents per ton of 

2,000 pounds for crude material, or cents per ton for refined products, 

payable quarterly. 



254 CUSHMAN SCHOOL, WASHINGTON. 

6. For oil, a royalty of per cent of the gross proceeds of tlie oil pro- 
duced, payable at the time of Siile or removal of oil from the premises where 
produced. 

7. For gas, dollars ($ ) per year for each well. Where the 

lessee desires to retain the gas-producing privilege of any well, but not to 
utilize the well for commercial purposes, he shall pay an annual rental of 

. dollars ($ ) in advance, beginning from the d.ite of the discovery 

of gas, and to be paid within 20 days therefrom. 

8. On all precious or semiprecious stones the value of which is determined 
by carat weight, 25 per cent of the market value, as shown by the lessee's 
records, in the manner afoi'esaid. 

9. The above-mentioned rates of rental and royalty shall be subject to read- 
justment at the end of five years at such equitable rates, conforming to the 
prevailing commercial practice, as the conditions at the time shall justify. 

10. All sums paid as rental in any one year shall be credited after produc- 
tion begins on the royalty for that year. 

11. In addition to payment of the advance rent and royalties specified, the 
lessor, as a further consideration, shall, on deposits of the nature of lodes or 
veins containing ores of gold, silver, copper, lead, zinc, or other useful metals, 
expend annually in development work a sum which, with the annual rental, 
shall amount to not less than five dollars ($5) per acre; and in conducting 
mining operations on beds of placer gold, asphaltum. phosphate, iron ores, or 
other useful minerals other than coal. oil. or gas. a sum which, with the an- 
iiual rental, shall amount to not less than one hundred dollars (ii;iOO) for 
each 160 acres or fraction thereof. 

No leases have been printed since the approval of the regulations of July 
12, 1909, which provide for the change in the leases. 
Verv respectfully. 

C. F. Hauke, 
Second Assisftint Commissioner. 



Department of thk Interior, 
United States Indian Service, 
CuKhman School, Tacoma, Wash., July 27, 1910. 
The honorable Commissioner or Indian Affairs. 

Washington, D. C. 
Sir : Referring to oflice letter of July 13, 1910, I have the honor to inform 
you that on a recent visit to the Quinaielt Subagency I convenetl a council of 
the tribe and presented to them the question of leasing their tribal lands for 
mining purposes. I inclose a copy of the council proceedings herewith. The 
Indians in council unanimously voted to allow the leasing of their lands under 
departmental regulations, and I recommend that the fiction of the council be 
approved. 

Very respectfully. 

H. H. Johnson, 
Superintendent and Special Disbursing Agent. 

Q. Three members of the council appear to have signed the pro- 
ceedings of the council under date of July 20, 191(>— Billy Mason, 
Silas Hall, and Sam Hoh; who were they?— A. They were three 
adults, 

Q. This record of the proceedings appears to have been certified 
by W. J. Garfield, interpreter; is he the Indian called Billie Gar- 
field, who is present ? — A. Yes, sir. 

Q. Did he sign his name to that ? — A. Yes. 

(A copy of the proceedings of the council, marked " Exhibit 4," is 
as follows:) 

A council of the Quinaielt Tribe of Indians was convened at Taholah, AVash., 
July 20, 1910, for the puriwse of considering the question of leasing the tribal 
lands for mining purposes. The regulations of the department governing min- 
ing leases was read and carefully explained to the council, after which a dis- 
cussion of the question was invited. 



CUSllMAX .SCHOOL, WASllINOTOX. 255 

Billy Mmsoii said that he had uevoi- imaiiiiicd that theiv was anything val- 
uable in the ground under the reservation, but if there was oil or anything else 
of value he was in favor of getting the benefit of it. 

George Underwood said that he did not believe there was oH under I he reser- 
vation, but that he is heartily in favor of allowing reliable coniiiaiiics to pros- 
pect for oil or any other mineral. 

Dickson said that he was in favor of n);iking itrojier lea.ses foi- mining pur- 
poses, and would be satisfied to leaxe (he whok> matler in the hands of the 
department. 

John Carter (China) said that he is an old man: thai he had lived all his 
life on the reservation ; that he was nuu-h surprised to learn that the oil that 
he burned in his lamp could be found under the very ground he then stood on ; 
that he was heartily in favor of anything that would be for the benefit of his 
people, and thought it would be wise to allow prospecting for oil or any other 
mineral if the interests of the Indians were saf e.gua rded. 

Chief Mason said he was heartily in favor of the proposition; that he be- 
lieved in making the most possible of the reservation's resources. 

Other mendiers of the tribe spoke briedy in favor of the proi)osition. 

A vote was then taken, whieh was unanimously in favor of permiriing min- 
eral leases under departmental regulations. 

Sam Hoh, Silas Hall, and Billy Mason, were selected by the rouniil to act as 
their representatives in signing the proceedings of the council. 

There being no further business, the council then adjourned. 

Billy Mason. 

SiL.vs Hall. 

Sam this x mark) IIoii. 

Witness : 

C. A. BULLARD. 

I hereby certify that I interiireted the ])roceedings of the council of Quinaielt 
Indians as set forth abo^e. I further certify th:it I read and understand the 
English language, and I am certain that every member of the council under- 
stood the business transacted. 

W. .J. (tarfield. Interpreter. 

I hereby certify on honor that the foregoing is a true iind correct account of 
the business transacted at a council of the (}uin;iielt Tribe of Indians, convened 
at Taholah. Wash., on July 20. 1012. 

H. H. Johnson. 

Q. Xow, you held a subsoqueut nieetiiio- you say for the purpose 
of complyino; with the requirements of the department under date 
of Aug-ust 25, 1910. What notice Avas given of that meeting? — A. 
Notice in the same way as of the other councih I can not say whether 
it was 

Q. (Interrupting.) You reallv don't know what notice was given 
to the Indians; you relied on Mr. Roscovius to give the notice?^ 
A. Yes. ■ 

Q. You don't know how he did it or to what extent? — A. Yes. 

Q. How many attended that council? — A. That I can not say. 

Q. What was the date of it ?— A. That was the 12th day of Janu- 
ary, 1011. 

Q. Where was it held? — A. It was held at the same place. Now, 
I want to explain this council proceeding a little. When this man 
Eodgers I spoke of that originated this oil proposition — I notified 
him that he had the permission of the department to prospect, and 
later he filed his notice of claim as required and then began to 
negotiate his lea.ses. He never completecl his leases — why, I don't 
know. I suppose he made up his mind there wasn't anything in it. 
We had a stack of leases there, and w^e held them for months. 
Finally he either w^rote me or told me that he was not going to com- 
plete them, but I called this council of January 12, 19il, in accord- 



256 CUSHMAN SCHOOL^ WASHINGTON. 

ance with the instnietions to appoint some one, as yon see they sug- 
gest there the superintendent may be appointed, to perform this 
ministerial act of signing the leases. This council proceeding was 
never forwarded to the department, and right here is the original. 

(Said council proceedings of January 12, 1911, marked "Exhibit 
5," were as follows:) 

At a council of the Qniunielt Tribe of Iii(li;ins convened at Taliolab, Wash., 
on the 12th day of January, 1911, the following business was transacted: 

It wa.s moved and seconded that the superintendent in charge of the Quinaielt 
Reservation be authorized to sign all mineral leases made on tribal lands, said 
signature to be for and in behalf of the Quinaielt Trilie. I'lion the motion being 
put to vote, it was carried unanimouslJ^ 

The council voted to authorize Harry Shale, .Johnson Waukenas, George 
Sickman to sign the proceedings of the council for and in behalf of the tribe. 
There being no further business, the council adjourned. 

Harry Shale. 

.Johnson (his x m.uk) Waukknas. 
George Chis x mark) Sickman. 
Witnesses : 

George Underwood, 
Websier H. Hudson. 

I hereby certify that I understand the Quinaielt language and also the 
English language;! further certify that I carefully interi>reted the proceedings 
of the foregoing council and that I am satisfied that everyone present thor- 
oughly understood all the business transacted. 

Albert Smith. 

I hereby certify that the foregoing is a true and accurate account of the pro- 
ceedings o fa council of the Quinaielt Indians convened by me at Taholah on 
January 12. 1911. 

H. H. Johnson, 
Superintendent and S. U. A. 

The reason for that was this, I thought I would hold this until 
this man Eodgers completed his list and w^as going to forward the 
whole thing as one comnuinication, but he did not complete his list 
and therefore it never was forwarded and it got lost in my files. 
Now. we had still another council, and that was last November, 
Avhen these other people began to prospect for oil and began to indi- 
cate their readiness to enter into leases. Then I told the clerk to 
hunt these council proceedings where the}^ had authorized me to sign, 
so we could send them in with the leases. Practically all of my 
clerical force looked for three days and could not find them, and the 
clerks tried to make me think I never held this council, but as we 
could not find them. I said the only thing to do now is to hold another 
council to confirm the act of this council that was held before, which 
was done in November. I think, of 1012. A few months ago we were 
retabulating our files and we found this, but in the meantime we had 
held this other council, and that is why I have this still in the origi- 
nal ; it was never filed. 

Q. The purpose of that November coimcil was simply to authorize 
some one to sign the leases ? — A. That is all it was. 

Q. You did not go into the November council about the question 
of executing the leases at all. because that was precluded by the prior 
council?— A. That had been covered in that council of 1910. 

Q. Now. have you the record of that council in November last ? — 
A. Yes. 

Q. Let me have that. — A. This is a copy of it, the one in Novem- 
ber. The one in January, 1911, which we lost, this is the original. 



CUSHMAN SCHOOL^ WASHINGTON. 257 

I want to give you a copy of it because it is in the original; I want to 
retain that for my files. 

Q. Now, at this meeting of Xoveml)er 4. 11)1-2. who kept this 
record ? — A. I kept it. 

Q. Does it recite substantially the facts of the meeting? — A. Yes; 
that meeting was A-ery short,' as I recall it. They said Ave had 
threshed that all out before, we understand it, and all that is neces- 
sary is to simply make this authorization for you to sign it. 

Q. And so Frank Law made the motion that the superintendent be 
authorized to sign the leases in behalf of the tribe? — A. Yes, sir. 

(Said council proceedings were marked "Exhibit G," as follows:) 

At a council convened at Taholah, Wash., on November 4, 1912. the following 
business was transacted by the Quiuaielt Tribe: The superintendent explained 
the meaning of the regulations pertaining to mining leases, particularly as re- 
lated to the matter of oil and gas. 

George Underwood said that this question was fully discussed about two 
years ago, and that he thinks the people thoroughly understand it. 

Frank Law made a motion that tlie superintendent of the Cushman Agency 
be authorized to sign leases on tribal lands for and in behalf of the tribe. 
The motion was seconded by Thomas Bastian. 

The question was called for and put to a vote. The vote was unanimous in 
the affirmative. 

Johnson Waukenas. Silas Hall, and James Hyasman were selected to sign 
the proceedings of this council for and in behalf of the tribe. 
There being no further business, the council adjourned. 

Johnson (his x mark) Wavkkxas. 
Silas W. Hall. 
James Hyasman. 
Witnesses : 

J. W. Lively, 
Frank W. Lowe. 

I hereby certify that I was present at a council of the Quinaielt Tribe of 
Indians convened at Taholah on November 4, 1912; that I acted as interpreter 
for said council ; and I am satisfied that every iierson present thoroughly under- 
stood the proceedings of said council. 

Jos. Capoeman. 

I hereby certify that the above is a true and correct account of the proceed- 
ings of a council of the Quinaielt Tribe of Indians convened at Taholah, Wash., 
on the 4th day of November, 1912. 

H. H. Johnson, 
Superintendent and 8. D. A. 

Q. Did you ask him to make the motion? — A. Yes, sir. 

Q. Did you know he had made an affidavit to the effect that you 
liad asked him to make the motion? — A. No, sir; I didn't know it. 

Q. Do you know how he came to make the motion? — A. No, sir; 
except he has only a fraction of Indian blood and takes a consider- 
able part in those things. 

Q. Is he a recognized member of the tribe? — A. He was adopted; 
he is not a Quinaielt by blood. 

Q. Is he on the rolls!' — A. Yes; by adoption. 

Q. I see Johnson Waukenas, Silas W. Hall, and James Hyasman 
signed the records of this meeting, and J. W. Lively and Frank W. 
I^we. — A. That is a mistake in typewriting; that is Frank W. Law, 
the man that made the motion. 

Q. The man that made the motion? — A. Yes, sir; as witnesses, 
and the thumb marks of those that could not sign. 

Q. Just wdiat request was made of the council at this meeting of 
November 4, 1912? — A. As to who would be authorized — who they 
wished to authorize — to sign the tribal leases in their behalf. 



258 CUSHMAN SCHOOL, WASHINGTON. 

Q. Was a formal vote taken on the matter? — A. Yes. 

Q. How? — A. B}' holding up the hands. 

Q. How was the' vote ? — ^A. There was no dissenting vote. 

Q. The record says the vote was unanimous in the affirmative; 
did they all vote? — ^A. No; you can not always get every Indian to 
vote. 

Q. Do you knciw how many of them voted? — A. No; but there 
was a majority of those present that did vote; otherwise it would 
have been resubmitted. I had occasion of that kind in a council less 
than a year ago, where I had to hold them for over an hour because 
woukhvt enough of them vote one way or the other to constitute a 
majority. 

Q. -Well, did you keep a record of the votes? — A. No; I did not in 
this case. 

Q. Well, you couldn't tell Avhether a majority of them were voting 
unless you knew who was present and participated in the meet- 
ing? — A. Well, I was right there. 

Q. How many were present and participated in this meeting? — 
A. That I can not tell you, because the room was fairly well full. 

Q, How do you know a majority of them voted, even if you 
counted all those voting, unless practically all voted — how can you 
tell there was a majority? — A. I could count who were present and 
the votes. 

Q. How many were present; that is what I am trying to find 
out? — A. My recollection is close to 50. 

Q. Both November 4. 1912, and the meeting in 1!)10, each author- 
ized the leasing in the first instance? — A. Yes, sir. 

Q. Was it suggested by anyone to have anyone else sign the leases 
other than you? — A. No. 

Q. Was it suggested there by anyone that the leases ought not to 
be issued at all ? — A. No. 

Q. Was that subject discussed? — A. Not in this coimcil. Tliat 
was thoroughly thrashed out in the council of 1010. 

Q. Did you" put the negative side of the question here? — A. Yes. 

Q. And were there any votes ?^A. Not one. 

Q. Well, after this proceeding in the meeting of November 4, 
1912, what was done in regard to leasino- the alleged oil lands?— 
A. The various parties that had been participating filed their notices 
of claim, as required by the department, and then finished their 
leases. I don't recall the date of the first leases, but I do recall the 
date of its approval by the department— December 16 of last year. 

Q. Do you know Avhether or not a time for prospecting and for 
beginning operations is fixed in the lease?— A. No; not for prospect- 
ing, because the prospecting is supposed to be done before they enter 
into the lease, but there is a period of one year, as I recall it. in 
which they must begin operations. 

Q. Have any operations been begun ? — A. Yes, sir. 

Q. How many ? — A. Only one lease, as far as I know. 

Q. Where is that? — A. It is north of the subagency; about three- 
qtiarters of a mile. 

Q. Is that on the 40-acre ti'act of land claimed bv Billie Gar- 
field?— A. That I don't know. Billie says that it is. The people 
that sold the lease say they have run the lines and that it is not; 
that it is on tribal lands" adjoining. I would suggest that Mr. 



CUSHMAN SCHOOL^ WASHINGTON. 259 

Archer, who iiiacle these aHotnients, be (jiieslioned a.s to that point ; 
he is more familiar as to those hinds than I am. 

Q. What is the extent of those operations? — A. The last 1 heard, 
about a week ago, they had their derrick up ; said they Avould be 
drilling within three or four days. I saw the man who was super- 
vising the work. 

Q. Have sluy of the k'ssees forfeited their right to drill by delay? — 
A. Yes ; one. 

Q. Who was that? — A. His name was Hawley. 

Q. What area did he have leased? — A. As I "recall it, 4,800 acres 
of tribal lands. 

Q. As I recall it, all these leases are leases of tribal land? — A. Yes; 
that is what I have been speaking of, but there was about 50 leases 
of allotted land. 

Q. Does the department limit the area that may be leased to any 
one lessee? — A. Yes, sir; 4,800 acres. 

Q. So the maximum amount was leased to various parties? — A. 
Yes, sir; and some did not take the maximum. 

Q. Turn to your record, if you can not state it from memory, and 
tell me to whom leases of tribal land on that reservation have been 
made, the date of the leases, and what operations have been con- 
ducted under them, if any, and the date of the approval of the leases 
also in such as has been approved. — A. Xow, Sterling B. Hill lease, 
approved September 8, 1913; his lease is for 2.529.12 acres. 

Q. Is that a copy of the lease you have there? — A. Y^es, sir; this is 
our original copy. 

Q. Xow, I see by this lease that a rent of 15 cents per acre for the 
first year is provided ; 40 cents for the second year ; and 75 cents for 
the third vear. to be credited on the rovaltv. if production begins. — 
A. Y^es. 

Q. Have you collected any rental? — A. Y^es, sir. 

Q. What amount have you collected? — A. About $8,000. You see, 
I have collected on leases that are still pending ; that is, the require- 
ment that the money be paid in advance — in aclvance of the approval 
of the leases ; there have only been five leases approved up to elate. 

Q. I presume the purpose of requiring that rental is to show good 
faith in the lessee and real bona fide intention to operate? — A. I pre- 
sume so. 

Q. And to prevent speculation? — A. Yes, sir. 

Q. You say under that you have already collected about $8,000 of 
money? — A. On tribal lands. 

Q. On account of these leases? — A. Y^es, sir. 

Q. What disposition have you made of those funds? — A. It is 
deposited to my credit with the Treasurer of the Fnited States. 

Q. Your credit as agent? — A. Y^es. 

Q. If it is not approved, the rental money is returned ?— A. Y^es, sir. 

Q. According to the terms of the lease? — A. Well, I don't know 
whether the lease states it or not but they could hardly — it would not 
l)e fair or would not be business; now, I will say there that these 
mere collections were not made at the time the leases, through a mis- 
apprehension of my own ; now I never handled oil leases, but I have 
handled very extensively farming leases on Indian reservations, and 
the custom with those was that the first installment was not paid 
before the lease was approved, so I told the people, these lessees. 



260 CUSHMAN SCHOOL^ WASHINGTON. 

that Avhen these leases were approved I would call on them for 
rentals. Now, the department called my attention to this fact, and 
said that it must be paid when the lease was executed, and I collected 
them and there were some of them still seemed dilatory and I got 
a telegram from the Indian Department directing me to notify these 
delinquent lessees that they must pay their money in 10 days or 
their leases would be forfeited. I notified them and took the precau- 
tion to register the letters asking for a return card so as to have 
evidence that they got it. All of those men came through but one, 
who had leases pending. 

Q. AVhat leases have been submitted to the department for ap- 
proval and have not been approved? — A. I Avill have to have that 
[indicating] . 

Q. First let's have the list of those that have been approved — the 
rest of them.— A. I gave the Sterling B. Hill first, 2,529.12 acres. 
The next is F. A. Leonard, 4,556.62 acres. 

Q. Have you got the date of that approval? — A. The date of that 
approval was September 8, 1913. 

When I say " next " I take these as they come in here ; they are 
not chronologically arranged. Then there is the lease of A. W. Lane, 
for 2,840 acres; that was api)roved on April 15, 1913. That Avas the 
date of the approval by the Secretary. 

Now, this lease of Lane's was made in December, but they changed 
lease forms and the delay in approval was probably due to the fact 
that he had to assent to the conditions of the new regulations. 

Q. Who had to assent, the lessees? — A. Mr. Lane. Then there is 
the lease of George F. Stone. His acreage is even 4,800. He took 
the full amount. The date of approval is blurred, but appears to be 
April 15, 1913. 

Q. Have you other leases? — A. One of your gentlemen has the 
one that I handed you, the one I got approved this morning. 

Q. Well, describe it.— A. This is the lease of B. F. Caughorn. 

Q. When was that approved?— A. That was 4,793.86 acres and 
was approved September 16, 1913. 

Q. Well, are there other leases of tribal lands that have been 
approved ? — A. There are other leases. 

Q. That have been approved? — A. No; but I haven't those, be- 
cause they are before the department for approval — all the papers in 
the case ; there are, I think, nine others. 

Q. Have you ever furnished anyone with a list of these leases that 
have been approved, and that have not been approved? — A. No, sir; 
we give them — where a man has surrendered several of them that 
made filings and surrendered them — whenever a man come in and 
wanted to know whether certain lands were covered, we gave them 
the information that they had been surrendered by thus and so. 

Q. Did you ever see that memorandum ? Do you know where that 
information could be obtained? — A. It could be obtained in my 
office, or it could be obtained in Washington. 

Q. There would be no secret about it?— A. No; I don't see why 
there should be, 

Q. Was there a lease to Guy E. Wells, of New York, of 4,398.75 
acres? — A. Yes; there was such a lease written; of course, the 
acreage I can not state oflhand ; it is pending before the department 
now. 



CUSHMAN SCHOOL, WASHINGTON. 261 

Q. Still unapproved? — A. Yes. 

Q. Do you know whether there was a lease to one G. 1\. KSnider, 
of Aberdeen, for 4,655 acres? — A. Yes, sir. 

Q. Is that one of the leases still pending?— A. That is one of the 
leases still pending. 

Q. Was there one also to C. T, Scurry, of Aberdeen, for 4,760 
acres? — -A. Yes, sir. 

Q. And another to A. P. Stockwell, of Aberdeen, of 4,800 acres?— 
A. Yes, sir. 

Q. And another to Carl A. McTntyre A. Charles, that should be. 

Q. Of Copalis, Wash., for 4,240 acres?— A. Yes, sir. 

Q. Did all of these people pay the rentals when these leases were 
made? — A. No; I just explained that — through a misunderstanding 
of the regulations — I told them that they would be due when the 
leases were approved, but later the department called my attention 
to my error. 

Q. Have you since collected it? — A. They have been paid. 

Q. They have all paid? — A. I believe there was one, but you have 
not read his name, a man by the name of Hawley. 

Q. Does the statement that I have read to you cover all tribal 
leases, including leases that have not been approved, or are there 
still otliers outstanding not approved? — A. That I could not tell 
you. How many are there in that list? It is my recollection that 
there were 9 leases on tribal lands. 

Q. There are 11 mentioned here. — A. Well, my memory may have 
been at fault. 

Q. Well, have you a list? Do you keep a record or memorandum 
of those that are sent in for approval? — A. Yes; the clerks, when I 
told them I wanted the papers in the oil leases, thought what I 
wanted was what had been approved, and did not put the others in. 

Q. So you have not at hand here a memorandum as to the leases 
that have not been approved? — A. Yes; but my impression is that is 
the complete list. 

Q. Prior to the making of these leases were complaints filed with 
you by the Indians to the making of the leases on the grounds that 
the council had not been legally held and they had not had notice 
of it ? — A. No, sir. 

Q. Were complaints ever registered with you by Indians that 
this council you held up there in 1910 was without notice to the 
majority of the Indians? — A. No; I have heard that they were 
making" those statements but no complaint had been made to me by 
anybody. 

Q. Did you investigate to find out just what Mr. Roscovis did to 
give them notice ? — A. No, sir. 

Q. You never looked into that? — A. Except his report to me that 
he had notified the Indians. 

Q. Were complaints afterwards made against and objections made 
to the granting of these tribal leases? — A. Not to me. 

Q. Now. passing for a moment to the subject of individual leases, 
how many of them have been made and a])proved? — A. There have 
been about 50 made and my recollection is that there have been 18 
approved. Here are the leases on allotted lands. As I say, this em- 
braces the approved leases that are before the department. 
35601— FT 3—14 4 



262 CUSHMAN SCHOOL, WASHINGTON, 

Q. Will you make a list and hand it to the stenographer of all 
individual leases that have been made and a list of all individual 
leases that have been approved? — A. Yes, sir. You want the name, 
the date of the approval, and the acreage? 

Q. Yes. — A. Is that all vou want? 
Q. Yes. 

Senator Townsend. The royalty is the same in all. 

The Chairman. Yes. 

Q. The royalties are uniform and the provisions are uniform? — A. 
Absolutely. 

Q. How are these lessees, running through these various individual 
leases, are they to the same person or corporation, or to diverse cor- 
porations? — A. They are pretty much to the same person; I think 
that there are two. 

Q. Who are they?— A. A. W. Lane. As I recall it he has 16 of 
them : the first of these is a Lane lease. 

Q. Give the names of the persons leasing to Lane and the date of 
them. Give whose allotment it is first, whether you signed it or 
whether they signed it. — A. These allotments, they all signed ex- 
cept the minors. Now, perhaps you would like to have the allotment 
number, too. John Wakatup, allottee 442, to A. W. Lane, 80 acres; 
date of approval was December 12, 1912. 

Q. Who signed that?— A. Wakatup. 

Q. Wakatup himself? — A. Signed by mark. 

Q. Signed by Wakatup himself and not by you? — A. Yes; he is 
an adult 

Q. What is the date of it ?— A. The date of approval ? 

Q. The date it was executed? — A. Executed on the 4th of No- 
vember. 1912. 

Q. When approved? — A. The 12th of December. 

The next is Alice Jackson. Now in some of these leases, without 
looking up the records, I can not tell which one the allotment be- 
longs to, because following the laws of Washington these men took 
leases where there was husband and wife, had them both sign the 
leases which is not necessary, but he foUoAved the laws of the State. 
This is allottee No. 39, at any rate. Alice Jackson, because she is the 
first mentioned. 

Q. Give the name of the signatures. — A. Alice Jackson and James 
Jackson, her husband. 

Q. Give the date of it and the date of approval. — A. The date of 
execution was November 4, 1912; the acreage is not given, and as it 
is a lot it is possibly fractional. 

Q. Less than 80 acres. — A. Approximately 80 acres. 

Q. Approved, was it? — A. Approved on December 12, 1912. 

The next is Samuel Hoh, allottee No. 265, and this is also a frac- 
tion. It was a full allotment probably of 80 acres; that is, approxi- 
mately 80 acres. That was executed on November 4 ; it was signed 
by Samuel Hoh and also by his wife, and approved on December 12, 
1912. 

Q. Who is the lessee in that lease?— A. A. W. Lane. These are 
all A. W. Lane. 

Q. Go ahead. — A. The next is Eels John. The allotment number 
has been omitted in this list, but it was executed on January 13, 1913, 
for 80 acres. Now, in this we got to using the new forms which 



CUSHMAX SCHOOL, WASHINGTON. 263 

require the acreage to be absolutely specified. The date of execu- 
tion was January 13, 1913; that was signed by Eels John and was 
approved on April 22, 1913. 

Q. Is that to Lane? — A. That is to Lane. The next is Henry 
Clip ; he is allottee No. 186 ; I can give you Eels John's number — 316. 
The new forms put it in a different place. 

Henry Clip is allottee 186, executed on the 13th of January, 1913, 
to A. W. Lane, 80 acres; that was signed bv Clip and approved on 
April 22, 1913. 

Tile next is Xellie Sotouiish Johns, allottee 424. executed on the 4th 
day of November, 1912; and this is on the old form and does not 
give the acreage; it just says lots 1 and 2; that is signed by Nellie 
Johns and approved on December 12, 1912. 

The next was by me, acting on behalf of Sampson Calhoun, a 
minor, allottee 129. executed on the 22d of November, approximately 
80 acres, and approved on December 12, 1912. 

The next is myself, acting in behalf of Edward Calhoun, allottee 
No. 130, for approximately 80 acres, executed on the 22d of Novem- 
ber, 1912, and approved December 12, 1912. 

The next is executed bv me on behalf of Tonnia Calhoun, a minor 
allottee 131, executed on the 22d day of November, 1912, for 80 
acres, and that was also approved on December 12, 1912. 

The next is executed by me on behalf of Harris Capoeman, al- 
lottee 476, executed on the 22d of November for approximately 80 
acres, and approved on December 12, 1912. 

The next is Oscar Johns. And this boy and I executed the lease 
together. He was almost 18. He was over 17. and I executed it in 
his behalf, and then he signed it also, inasmuch as he was so near 
of age. He is allottee No. 44, executed on the 7th day of November. 

Q. 1912?— A. Yes; 1912; to A. W. Lane for approximately 80 
acres, and that was approved on December 12, 1912. 

The next is executed by me on behalf of Ellen Garfield, allottee 
215. The acreage is not given here, and I don't know what it is. 
I presume it is approximately — here it is — 48.85 acres, executed on 
the 22d day of November, 1912, to A. W. Lane, and approved De- 
cember 12, 1912. 

The next is Sarah James Underwood and George Underwood ; that 
is another one of those where they put in the husband ; allotment 
No. 48. executed on the 4th of November. 1912, for 73.15 acres, and 
that was approved on December 12, 1912. 

The next is Annie Johns Chowchow, allotment No. 42, executed on 
the 4th da}' of November, 1912, for 80 acres, approved De<?ember 12, 
1912, signed by her. 

The next one is executed by me, acting for Nancy Sotomish, a 
minor, allotment No. 425. executed on the 22d day of November, 
1912, for 79.97 acres, approved December 12, 1912. 

The next is Lena Calhoun, allotment No. 128, executed on the 8th 
of November, 1912, acting for herself, for 80 acres, approved Decem- 
ber 12, 1912. The woman signs for herself. 

The next is Sallie Clip, allotment 185, executed November 4, 1912, 
for 80 acres; she executed this for herself, and approved December 
12, 1912. 

The next is John Clip, allotment No. 18. executed November 4, 
1912, for 80 acres, and signed bv mvself and approved December 
12, 1912. 



264 CUSHMAN SCHOOL, WASHINGTON. 

Now these leases — I was under the impression — they are all made 
to Lane; I thought we had one or tAvo allotted land leases to other 
parties, but it appears not. 

Q. That is the list of individual leases that have been approved? — 
A. On allotted lands. 

Q. Have you an individual list of leases that are pending, — A, 
Yes, sir. 

Q. You can get that i — A. I can get that. 

Q. You haven't that at hand now? — A. No; they perhaps mis- 
understood me; I thought perhaps it was just the approved leases. 

Q. Now, do these leases require the payment of a rental to the 
allottee? — A. Yes, sir; just on the same terms as the tribal leases. 

Q. What amount of rental has been collected on account of the 
individual leases? — A. I can not give you that offhand; it is 15 cents 
an acre. 

Q. Have you a record of it ? — A. Yes, sir. 

Q. Will you bring your record over this afternoon? — A. Yes, sir. 

Q. Have all the lessees of individual leases paid the lo cents an 
acre or whatever the lental is presciibed in the leases'?— A. Yes, sir; 
that is, I say, " Yes, sir'"; my authority for that is this: One lessee, 
Leo D. Adams, did not pay his money to me, but incidentally in a 
letter received from the department, it contains the information that 
he paid it there, so that is just incidental — it has not been paid to me. 

Q. I am coming to that in a moment. Now, do you know Mr. 
A. W. Lane personally? — A. Yes; I know him personally, as you 
meet a man who comes to your office to do business. I never knew 
him until he came to transact business. 

Q. You never Iniew him until he came to get these leases? — -A. 
Came to get his permission to prospect. 

Q. Did he prospect ? — A. I say yes ; he told me he did. He got his 
permit and there was lapse of time before he executed his leases. 

Q. Were there any other individuals or corporations that Avere 
desirous of obtaining individual leases who made that known? — A. 
Yes. 

Q. Who else were they. — A. That I can not give you; but Leo D. 
Adams and this jSIr. Lane, as I recall, have had in the money. Others 
have gotten permission to prospect, but never Avent any further. 

Q. Do you remember Avho they are? To Avhoin prospect permits 
have been issued? — A. One man's name Avas Merriam. His per- 
mit has not elapsed A'et. He still has some time. I gave a permit 
to George Stone, and lie elected to take all his as tribal lands, Avhich 
3'ou saAv. 

Q. NoAV. the forms of leases a.s to individual allotments, are they 
uniform; that is, have the same leases been used? — A. Yes, sir; ex- 
cept you Avill notice there are tAvo forms. The department changed 
the form, but the Government form has been used in every case. 

Q. NoAv, ^Ir. Leo D. Adams is one of the lessees. Hoav mauA' leases 
did he get?— A. Thirty-tAvo. as I recall. 

Q. Hoav many of those have been approved? — A. None, as far as 
I haA'C had any advice, have been approA^ed. 

Q. Did you approve any of the individual leases? — A. That is not 
Avithin my province. 

Q. The leases as to individual allotments are not referred to you ? — 
A. Well, tliey go through me for recommendation. 



CUSHMAN SCHOOL, WASHINGTON. 265 

Q. Well, did yon make a i-ocoinmendation ? — A. Yes; I recom- 
meiided that they be approved, because they had complied with all the 
required regulations, and I regarded that I had no option in the 
matter. My act was simply ministerial. 

Q. Well." if that i.s true, what is the object in requiring you to 
make a recommendation ?^A. That I don't see, except my recom- 
mendation shows they have complied with all the requirements. 

Q. You recommended the Adams leases?— A. Yes; they complied 
with all the requirements. 

Q. When Avere the Adams leases taken? — A. In June, as I recall it. 

Q. By whom?— A. By Leo D. Adams. 

Q. Himself? — A. Yes, sir. 

Q. Aren't you mistaken about that ? — A. He is the man who repre- 
sented himself to be Leo D. Adams. 

Q. Do you know Leo D. Adams himself ?— A. Only as he came and 
introduced himself. 

Q. Do you know Mv. Richard C. Adams.— A. Another gentleman 
came later and introduced himself as Richard C. Adams. I simply- 
accepted it that he was what he represented himself to be. 

Q. There Avere two Adamses here ? — A. Yes, sir. 

Q. What was Mr. Richard C. Adams doing? — A. I don't know. 

Q. Did he hiwe any connection with the Leo D. Adams leases?^ 
A. Well, he sort of engineered it. 

Q. Well, he was assisting Mr. Leo Adams, was he? — A. Yes, sir. 

Q. Are they related? — A. Father and son, they stated to me. 

Q. Leo D. Adams himself was here and' his father, Richard C. 
Adams, was helping him to get the leases?— A. Yes, sir. 

Q. And they got 32 leases written for approval by you?— A. Yes, 
sir. 

Q. So far as you are informed at the present these Adams leases 
have not been approved?— A. I have had no advice of their approval. 

Q. Now, were the Adams leases on the same form as the Lane 
leases, or did they use the last form?— A. Probably the last form, be- 
cause part of the Lane leases were made 

Q. AMiat were the material differences in the two forms used of 
Lane?— A. Well, the material difference was— there were two points 
where they differed; one was that they were more favorable to the 
operator in that they gave him a longer period in Avhich to develop 
and another that the new regulations provided a filing fee of $6 on 
each lease. However, as I stated a while ago, these new forms and 
new regulations came out about the time Lane's leases were up for 
approval, and if you will look at the back of one of them you will see 
if he assents to the provisions of the new regulations and paid his 
filing fee, so you will see that they are practically on the new form,, 
although on the old form. 

Q. You have mentioned the only difference'^ betAveen the old form 
and the new form. — A. The filing fee of $6. 

Q. You mentioned them both. The Adams leases were just the 
same form as the last form used by Lane ? — A . Yes, sir. 

Q. And the first form used by Lane he assents to the neAv condi- 
tions? — A. Yes, sir. 

Q. iVre the terms the same as to royalty? — A. Absolutely. 

Q. What was the royalty provided in the tribal leases?— A. 
Twelve and a half per cent. 



266 CUSHMAN SCHOOL^ WASHINGTON. 

Q. It was not 10 per cent? — A. No, sir. 

Q. Are 3^011 sure of that? — A. Certainly. 

Q, How has the royalty been determined or fixed at 12| per cent? — 
A. By a regulation of the department. 

Q. It shall not be less than that ? — A. Yes. 

Q. Did you fix the royaltj^ yourself? — A. No; it provides that it 
shall not be less than 12^ per cent. 

Q. So that the minimum royalty was provided in all the leases of 
the tribal lands? — A. Yes, sir. 

Q. And the minimum royalty is 12| per cent? — A. Yes, sir. 

Q. And the same royalty runs through all the individual leases? — 
A. Yes, sir. 

Q. You are looking now at some of the tribal leases? — A. Yes, sir. 

Q. Let me see it. " For royalty of the 12^ per cent of the gross 
proceeds of oil produced, payable at the time of sale and removal of 
oil from premises where produced." They all read the same in that 
particular? — A. All the same. 

Q. Has there, in fact, been any oil development?— A. No, sir; 
nothing has been' developed. As I stated a while ago, there is one 
company that has got their machinery in there. 

Q,. Do you know what roj^alties are provided for in leases off the 
reservation? — A. I have been told it is 10 per cent, but I have seen 
no leases, so it is just simplj^ a matter of inference. 

Q. Is any cash required as to leases off the reservation ? — A. I have 
been told they do not require any cash ; that there is no ground rental, 
as in these leases. That the owner of the land simply takes his 
chance with the operator; that he gets 10 per cent if they produce and 
nothing if they do not, but that is a matter that has just simply come 
to me as information I have. 

Q. What is the time provided in the individual leases for develop- 
ment? — A. Ten years. 

What is the lessee required to do during that period, providing he 
does not proceed to develop ? — A. He pays 15 cents for the first year, 
40 cents for the second 

Senator Townsend. An acre? 

A. Yes ; an acre, ground rental ; 75 cents for the third — that is 
the way it runs in my mind ; it is set forth in the regulations^and a 
dollar per acre for each succeeding year. 

Q. The increased rental is intended to tantalize slow develop- 
ment? — A. That is my idea. 

Q. Have you anything to do with the extension of the period ; did 
you make any recommendation with respect to that ? — A. No, sir. 

Q. As to development? — A. No, sir. 

Q. Under the first leases development must proceed within a 
year? — A. Yes, sir. 

Q. Under the second the period was extended to 10 years ; do you 
know why that was done? — A. No, sir; that was done by the depart- 
ment. 

Q. Is there anything in your knowledge that would make that de- 
sirable or necessary ? — A. Well, take it in the case of a man that has 
a number of allotments leased ; it is practically an impossibility — sup- 
pose he has a dozen allotments, to put down a hole on every one of 
those the first year; it would take an outfit that would be abnormally 



CUSHMAN SCHOOL, WASHINGTON. 267 

expensive. Now, I am simply giving you my opinion — so it seenied 
to me that the reason for this extension was to give them more time 
to ultimately develop his holdings. I have no information from the 
department on that. 

Q. Now, in considering the question as to whether you will recom- 
mend a lease, either a tribal lease or an individual lease — lease of an 
individual allotment— what circumstances are taken into considera- 
tion? — A. Principally the ability of the man to carry out his under- 
taking. T , 

Q. Do you investigate that ?— A. Yes; before recommending the 
leases. 

Q. What do you do?— A. He has to produce bank references and 
other references' that are satisfactory as to his responsibility. 

Q. Now, take the case of A. W. Lane; what was shown to be his 
ability to develop all these leases he took ?— A. That I can not answer, 
because the papers went in with the original lease. 

Q. What was the last one approved; is that one of Lane's leases? — 
A. No, sir ; Cauthorn — was another lessee. 

Q. Now, in the case of the Adams leases, what was shown in that 
regard? — A. Now^, there was a peculiar situation. Mr. Adams was 
on the reservation making leases, and I called on him as I did on 
every other lessee. That w\as an order that came out— a special 
order — to call on the lessees to show their financial standing. I wrote 
Mr. Adams a letter, as I did every other one that was negotiating 
leases, requesting him to come to my office and show^ his financial 
standing. Mr. Adams immediately wired the department or some- 
body that got action on the department that I had stopped his nego- 
tiation of the leases and did not present himself. 

' Now, this I gathered from a conversation with Richard C. Adams. 
He took the matter up with the department, and I got a telegram 
from the department to allow him to proceed, that he had satisfied 
them of his financial standing there, so in those leases I was relieved 
of any of that. 

Q. "Who was that telegram from ?— A. From the Indian Office. 
Q. Have you the telegram ? — A. Yes, sir. 
Q. Will you bring it over this afternoon ? — A. Yes, sir. 
Q. You signed some of these Lane leases representing minors? — 
A. Yes, sir. 

Q. What did you learn as to his ability to develop under his 
leases ?— A. Now, I can not give you that in detail, because the com- 
munications were forwarded with the leases and were retained by 
the department. 

Q. You have no memorandum or recollection about that? — A. No; 
only that the recommendations seemed satisfactory. 

Q. Make a memorandum and get the letter from the department 
approving the Lane tribal lease or a copy of your letter to the depart- 
ment when you submitted the lease. Now, will you bring your record 
of the collections which you have made on account of these leases 
and the distribution which you made of the collections ? Bring that 
over, too. — A. Yes. 

Q. Have you got your land sales recorded? — A. I have the lia- 
bility cards, which shows the transactions. 



268 



CUSHMAN SCHOOL^ WASHINGTON. 



Q. Can you have a statement made up of that which shows a state- 
ment of it in statement forms, so it won't take so much time?— 
A. Yes. sir; I think so. My hind sales have not amounted to very 
large transactions. 

Q. Have your clerk make up a complete statement of that and 
bring it over with you, together with the record itself, so we can 
save a little time on that account. Have you any interest in the sub- 
ject matter of these leases, either tribal or individual? — A. Abso- 
lutely none. 

Q. Have any inducements been received by you or offered to you 
by any of the parties taking these leases to make recommendations 
concerning them ? — A. No, sir. 

Q. Do you know anything about the organization of stock com- 
panies for the sale of oil stock on the reservation? — A. Nothing 
definite. 

Q. Do you know of anyone attempting to organize companies for 
that purpose ? — A. The only information I have was what was given 
b}^ Leo O. Adams to my assistant superintendent. He told him that 
he expected — he thought he had money enough to carry this thing 
until he could organize companies to finance it. 

Q. Do you know whether Mr. Lane or any of the lessees of the 
tribal leases have attempted to organize stock companies? — A. I do 
not. I understand that Mr. Lane took in as a partner the man who 
is now conducting his development operations, but that is simply a 
matter of hearsay. 

Q. Who is that, do you know ? — A. His name is J. N. Paulhamus. 

(A recess was here taken until 1.30 o'clock p. m.) 

(1.30 p. m. Hearing convened pursuant to adjournment, parties 
present as before, and the following proceedings were had, to wit:) 

Mr. Johnson. I made a misstatement about the Cauthorn lease. 
They gave it to me just as I started, and I find it is marked " Disap- 
proved '' instead of "Approved." I furnish herewith as a part of 
my testimony a statement of the tribal leases showing that have 
been approved and that have not yet been approved, with other in- 
formation in connection therewith. 

(Said statement was marked " Exhibit 7," and was as follows:) 

Tribal leases. 







APPHOVED. 








Address. 


Acreage. 


Date of ap- 
proval. 


Amount paid. 


Name of lessee. 


Date. Amount. 






2, 840. 00 
4,800.00 
2,529.12 
4,556.62 


Apr. 15,1913 
do 

Sept. 8,1913 
do 


June 9,1913 $426.00 


Geo. F. Stone 

Stirling B Hill 


do.' 

do 


May 14,1913 720.00 
Sept. 3,1913 1 379.37 


F A Leonard 


Snohomish, \\ ash 


Aug. 8,1913 683.49 







DISAPPROVED. 



B. F. Cauthorn. 



Aberdeen, Wi 



4,793.86 'Sept. 17,1913 



Aug. 11,1911 



Date of disapproval. 



CUSHMAN SCHOOL. WASHIiN^GTON. 
Trihal leases pending. 



269 





Address. 


Acreage. 


Amount paid. 




Date. 


Amount. 




New York City 


4,398.75 
3,280.00 
4, 640. 00 
4,800.00 
4,240.00 
4,655.30 
4, 792. 75 
4,760.00 


Aug. 25,1913 
Sept. 3,1913 
Sept. 17,1913 

do 

do 

do 

do 

Sept. 18,1913 


$659. 81 


Climie E Hill 


Seattle, Wash 


492.00 




Aberdeen, Wash 

do 


696.00 




720. 00 






636.00 


G. R. Snider 


Aberdeen, W ash 

do 


698.30 




718.91 




do 


714.00 









I also attach as a part of my testimony a statement of the allotted 
leases that have been approved, together with other information 
concerning the same, and make it a part of my testimony. 

(Said statement was marked "Exhibit 8," and was as follows:) 



270 



CUSHMAN SCHOOL, WASHINGTON". 



;ogoo = og<^«o«ogg^oo 



:g§ 



5<OcOCDi;OCD^^':0<iO:0^':D:0^cOcOcO 






;?3 • 



OOOlOOoiocDr 



JOOCO oo 



S§gS§gSgf2^f=gSSgggg 



5 S o 



i|g?sg8gs^s^esm|s 



^^ 






9i 

o ° 






^2 s gill: 

l«illtilalti 

'.2 3 .a d is -C '3 S Ph-2 h ^ 

a s s=3 " 03 o-o s « <u » 



CUSHMAN SCHOOL. WASHINGTON. 



271 



Also a list of allotted leases that have not been approved, with 
information in connection therewith. 

(Said statement was marked ''Exhibit 9." and was as follows:) 



Allotted leases— not approved — pending. 



No. of 


Name of lessor. 


.\llot- 
ment 
No. 


Number 
of acres. 


Name of lessee. 


Amount paid- 


Filing fee.i 




Date. 


Amount. 


19 


William Mason 


349 
350 
38 
12 
13 
176 
16 
84 
467 
411 

468 
76 

416 
74 

351 
54 
90 
53 
46 

409 

339 

258 
19 

427 
21 
22 

265 
52 
32 

224 

223 


86.54 
86.59 
73.75 
77.10 
82.80 
80.00 
76.60 
80.00 
75.75 
80.00 
89.30 
18.00 
78.25 
80.00 
SO. 00 
80.00 
80.00 
80.00 
72.08 
77.15 
84.15 
76.90 
80.00 
78.05 
80. 15 
73.25 
92.90 
66.10 
79.21 
84.30 
84.10 
68.60 


Leo D. Adams 

do 

do 

do 


Apr. 21,1913 

do 

June 5,1913 
do 


S6 00 


20 






21 






22 


James J. Chow Chow.. 


6 00 


23 


Ellen Chow Chow 


do 


do 

do 


6 00 


24 






25 


Nellie Chow Chow.. 


do 

do 


do 

do 




26 


Quin Sam 


6 00 


27 


SaUy Hoh WiUiam 


do 

do 

do 


do 

do 

do 




28 








George Underwood 


6 00 


30 




do 


do 




31 




. do . 






32 


James Sly (Circus Jimmy) 


do 


do 


6 00 


33 


do 


. do 




34 




do. 


do 




35 


Hays Otook 


do 


do 


6 00 


36 




do 


. do 




. 37 




do 


do 




38 


Captain or Chas. Mason 


do 

do 


:::::do::::::: 

....do 


6.00 


40 




..do .. 


do 




41 


Julia Hawk . 


do 


do 


6 00 


42 


Amos or John Dickerson 

Charles Strom 


do 


.... do 




43 


.... do 


do 


6 00 


44 


Silas Hall 


do 


do 


6 00 


45 


Lucy Hall 


do 


do 


6 00 


46 




do. . . 


do 




47 


John Otook.. 


do 


do 


6 00 


48 




do 


do 




49 




do 


June 10,1913 
do 




50 


Fatty or Paddy George 


do 


6.00 



1 John G. Dudley, Bond Building, Washington, D. C, acting as attorney for Leo D. Adams, wrote me 
on Sept. 13, 1913, stating that he has transmitted to the Indian Office a certified check for $366.45 on July 
26, 1913, covering rental on these leases. This information was verified in carbon of a letter from the Sec- 
ond assistant commissioner, Sept. 20, 1913, addressed to Hon. M'esley L. Jones, LTnited States Senate. 

In reference to the Lane leases and the financial standing- of Lane, 
those leases were sent in before any requirement was made in that 
connection, and that matter was detennined, I presume, by the 
department direct. I can not find the record of the letter from me 
to Mr. Roscovius, directing him to give notice of the council to be held 
to consider the matter of authorizing me to sign tribal leases held in 
November, 1912. 

By Representative Burke: 
Q. Mr. Johnson, our attention has been called to the case of an 
old Indian woman whose land was said to have been sold under the 
noncompetent act. Can you tell us who the woman is and whether her 
land was sold? — A. The noncompetent act, or what the facts are in 
connection with the matter. Sallie Hoh William is the widow^ of 
Hoh William; Hoh William was an Indian policeman that was 
murdered, I think, in February, 1910 or 1911, I have forgotten 
which — what is the date of that? That might refresh my memory. 
It was in February, but the year I am not so sure of; it must have 
been in 1909, because this is dated 1910. There were two policemen 
murdered one night, and Hoh William was one of them. His death 



272 CUSHMAN SCHOOL, WASHINGTON. 

left her absolutely destitute. She had no family, no children, nor 
anyone to support her, and she applied to me to sell the land of her 
husband— the allotment of her husband— under the act providing 
for the sale of inherited land. 

Q. Wlien was that, if you remember?— A. That was sometime 
in 1910. 

Q. That she applied to you?— A. Yes. 

Q. To sell the land ?— A. Yes. 

Q. Now, what did you do with the matter, and what transpired 
following her request? — A. I advertised the land, as provided in the 
regulations — appraised it. 

Q. ^Yh?it was the land appraised at?— A. The appraisement was 
$2,100. 

Q. By whom was it made ? — A. By me. 

Q. And then you advertised it?— A. I advertised it for sealed 
bids, and in response to the advertisement there was only one bid. 

Q.' Who was the bid from?— A. His name was Harry C. Heer- 
mann. 

Q. At what price?— A. $2,153.89. 

Q. Was the land sold at that price?— A. Yes, sir. 

Q. Hold old is this woman?— A. I should say she is about 65. 

Q. Was there anything said to you at any time in relation to 
somebody by the name of E. E. Smith & Co. wanting to buy this 
land, and they would be willing to pay $8,000 for it? — A. No, sir. 

Q. When was the sale consummated and completed? — A. It was 
submitted to the department under date of November 7, 1910. 

Q. When was it approved?— A. That I have not a record of. 

Q. What disposition was made of the proceeds?— A. It was de- 
posited in the depository for individual Indian money. 

Q. How has it been paid to her. if at all?— A. She has been get- 
ting $20 a month regularly and I have paid her other sums at various 
times; just what, I do not remember; I have paid her. it runs in my 
mind, something like $200 at one time to complete her house, which 
was partially built; then at another time I issued a check to her to 
buy a horse, and there may have been other special payments; I 
don't remember. 

Q. Now, is there any other aged woman other than the one whom 
you have just testified "about whose land has been sold up there? — A. 
Not on the Quinaielt. There has only been two land sales on the 
Quinaielt; the other sale — the sale other than this w^as a portion of an 
allotment of a man deceased. 

Q. We were informed that this woman or some woman made an 
affidavit, in which she said she was 80 years of age, and my under- 
standing was that she submitted her trust patent, which showed that 
at the time she was allotted she was 76 years of age, and that she 
applied to have her land sold under the noncompetent act. and it 
sold for $3.200.— A. That is a mistake. 

Q. And that she had been getting $20 a month, but they did not 
know the name of the woman — could not remember the name — and we 
were trying to ascertain what the facts were in regard to the case. — 
A. That is a mistake, because this sale and the other one T mentioned 
are the only two that have been made on the Quinaielt. 

Q. Do vou know who E. R. Smith is? — A. No; I do not. 



OUSHMAN SCHOOL, WASHINGTON. 273 

Q. Under the law providing for the sale of deceased Indian lands, 
how long are the lands advertised?— A. Sixty days. 

Q. And the bids are submitted by sealed bids?— A. By sealed bids, 
accom})anied by a check for '25 per cent. 

Q. At the time of this sale, was it or was it not the practice of the 
department to keep the information as to the appraised valuation 
secret? — A. It was kept secret at that time, 

Q. And the land sold for how much above the appraised value? — 
A. The appraised \ahiation was $2,100 and the land sold for 
$2,315.89. 

The CHAiR3rA>-. You were asked to furnish a statement of the 
moneys you have collected on account of the rentals under these 
leases; have you got that? 

A. That is' all tabulated in that, lease by lease. 

Q. The statements which you have furnished in that connection 
cover all of the accounts? — A. All leases. Now, in the matter of 
this sale of land, I would add that there Avere about 20 tracts adver- 
tised at the same time this was; this one and the other one I men- 
tioned were the only ones of 20 that brought — that the bids reached 
the appraised valuation. 

Representative Burke. Have you anything there in your memo- 
randa to indicate whether this $20 had been paid regularly or 
whether there were two or three payments withheld and then made 
all at one time? — A. That is quite possible, although I can not say 
definitely, because of securing authorit}'^; you see, I have to have 
authority to approve the checks, and that has to come from year to 
year, and sometimes there is a lapse — a delay in getting the new 
authority, and when there is the payments that are due are paid at 
one time. 

Senator Tov»'>sSe>;d. Don't you remember, she said she had a pur- 
chaser, and she could f!;et a thousand dollars down and a thousand 
dollars^a year thereafter until it was paid for? 

A. Iso, sir. 

The Chairman. Have you any further statement you want to 
make. Mr. Johnson ? 

A. Why. I don't know as I have. excei)t this: In the matter of the 
oil leases, knowing through hearsay of the immense trouble, and I 
presume you might say scandals, that grew out of the leasings in the 
Oklahoma fields, when I went into tliis I meant to be absolutely 
careful, and have everything so that there could be absolutely no 
question as to any act in connection with the leasing. 

Representative Burke. There was one thing I wanted to ask you 
that I overlooked in relation to this 48 acres claimed by the Garfield 
family ; do you know whether or not that is the land included within 
the Ellen Garfield lease that was made by you? 

A. Yes, sir. 

Q. And that allotment which Avas made, as I understand it, by the 
allotting agent to Ellen Garfield has not yet been approved? — A. 
That is my understanding that it has not yet been approved. 

Q. But the well they are about to put down is not on that land?— 
A. That I can not say; Garfield claims it is. 

Q. The allotting agent said it was. and the farmer also did? — -A. 
The allotting agent ought to be better authority than I am. 



274 - cushma:^^ school, Washington. 

Q. Is the lessee in that lease the one who is about to put that well 
down? — A. Yes. 

Senator Towxsend. I did not understand that. lias Ellen Gar- 
field — has her land been leased? 

Representative Burke. He leased it; it was among those he testi- 
fied about to-day ; he made the lease for it as the allottee was a minor. 
Q. And in that connection, JMr. Johnson, does the department 
expect the superintendent to consult the parents of a minor in a case 
of that kind?— A. I could not so read the regulations then; they 
have been amended since so that the lands of minors must be adver- 
tised for bids now. 

Q. What about the making of the lease: does the father have to 
be considered ?— A. Xo: I have the lease regulations here. 

Q. Don't you think it would be really better practice in a case, 
especially where a parent is reasonably intelligent, and in a case, 
for instance, like Garfield, that it would be more satisfactory if they 
were consulted ?— A. Yes; I believe it would. Now, here is what 
the regulations say on that point: "The superintendent or other 
officer in charge of the reservation may act for minors in all^ lease 
matters and also for allottees who are non compos mentis,'' and I con- 
sidered that, that that gave me the right to act; and the question 
always comes up as to traveling expenses; my traveling-expense 
allowance is small, and I have to husband my trips. 

Q. I don't wish to be understood as saying that the consent ought 
to be obtained, but I do think the parent ought to be consulted.— A. 
I agree with you there. 

Q. Because it is the duty of the superintendent, of course, to see 
that the property of minor Indians is leased, if it can be leased for 
the benefit of the minor? — A. Yes. 

Q. And the parent might be obstinate and decline to have a lease 
made and it would be the duty of the Government, I think, in a case 
of that kind to make the lease?— A. Yes. 

Q. In the matter of allotment, the Indian is allowed to select his 
allotment? — A. Yes, sir. . 

Q. And if he refuses to select, the allotment is made arbitrarily, 
and I think that it is the better practice for him to be consulted.— 
A. There is anotlier thing: In the matter of Sallie Hoh Williams's 
allotment, the basis of my appraisement in that report, you will see I 
put a valuation on the timber, and I hunted up this afternoon my 
timber cruiser's book, which is reports on the allotment, and m that 
he reports there is 4:00 feet of spruce ; that in this cc-unty is the last 
timber they cut. 

Q. Now, for instance, this land of Sallie Hoh— the A. ihe hus- 
band of Sallie Hoh. 

Q. The land belonged to her?— A. By inheritance. 
Q. Do you think that land would have sold for as much by selling 
the timber and withholding the land ?— A. No, I do not ; I will tell 
you the conditions of that sale : that is, why it was purchased ; it was 
purchased by some parties with the expectation of making it a sum- 
mer-hotel ground : it is right on the beach, and being beach property 
is what gave it its value. The land within itself is of very little 
vglue. Here is the note that the cruiser made on it : " Quite hilly ; 
not good for farming except a fcAV acres in the northeast corner of 



CUSHMAN SCHOOL, WASHINGTON. 275 

the southeast quarter of the southwest quarter of 18; this 80 acres is 
in two sections." That is the timber cruiser's report. When I ad- 
vertised this land I got the authority to hire a timber cruiser to 
cruise the timber on all these pieces that were advertised. You asked 
me for a tabulated statement for all my land sales. Here it is, giv- 
ing the allottee, whether it is an allotment or homestead certificate; 
the acreage, the date of sale, amount, date of approval, and the 
amount of appraisement. 

Q. This statement embraces all the land sales that have been made 
in your administration, does it? — A. Yes, sir. 

(Said statement was marked '" Exhibit 10," and was as follows:) 



276 



CUSHMAN SCHOOL^ WASHINGTON. 





k . 


8 


8 


88 "5 


s 


g 


88 8 8 




II 


8 


i is - 1 i 


11 § § 








„- f,-^- ^- ^- 


tC <N 




< 






" 






m 




22 ■::^ : 




a 


§ 


S S3 s 3 : 






c3— ; 






■^"S" 2;a '• 




-ot 


o 


^■~ S"2 ?5" S i 




«2 


d 




iil^ 






8 


8 SS 8 S S 


88 8 8 




§ 


§ 


s i^ 1 5 i 


11 1 1 


J^ 


e 


^- 


«- ^'rf -" -T 




g 


< 


ee 






1 


a 


1 


01 oo o c^ • 

2 22 2 2 : 


:o CO j 

:3 s : 


5 




rf 




: "" a • 












^ 






►•.-■« 


■c . . -o 




IS, 


+j' 


o cs' O "S -■:' 


■ o o 


^ 


p 


O 


o sz; o s : 




^ 




8 


SI 8S 2 § 3 


gS 8 § 


'Ji 


^ 


?? ?f^ ?l i? S 


g£ g J? 


g 


<; 








«; 




J 


t4 ^^ ^ ^ ^ 


^.^' f^- ^ 






o 


-^ t:2 „ ^ ^ 
rt Td " ^- r^- 


%2 ^^ 


■c 
c 
<» 




z 


« 2i!; I I 


=l^«^i 


i 


■:3 


H 








■a 

1 


i 


.5I^S 


'S 


— 




.5^8^;^^- ..,.-^^- 


-s s g^ t .^ 


5= 




Z; 




J^a r^a^-S^- 








5 Jx. J z z 


^■'■•%S-;^Z^-^ 


g 




;s 


Zi- Z hJ 


~ 














1 






i : : 








o 














e 


z 




§ : .-• 






1 ! •3-. 


•^ 


c 




1 •■■# 5 




s's z z 


« 


% 




1 1^. 4 1 


II 1 1 






















^ 


1 




1.11 1 1 ' 














1 




W 


W 3? O- U 


-^ o <s, s 












II 




5: 










■ "3 ^ 

; : : '^►S 
: : ; a" . 

Mi 5| 

: : : ^^ 




O 




1 




: : -2" 1 g-S 

5j 1 z«| 






c 


: i 
: ^ 

5 £ 


'^1 3 




I ^ 


11 1 1" 



CUSHMAN SCHOOL, WASHINGTON. 277 

A. (continued). Now, hero are some more letters you asked me 
for copies. Here is this letter directing me to hold a council to 
ascertain whether the tribe wanted to lease their lands. There is 
the letter of August 2(5, 11)10, and one of July l'T: I see they made 
that in duplicate, pertaining- to the same matter. 

Q. Have you coj^ies of some letters there that I called for written 

by you to the department in answer A. That is part of them, and 

part of them I gave to the reporter a feAv moments ago. 

Now. I stated this morning that Mr. Adams had paid his lease 
money in AVashington. Now, you did not ask for this, but this is a 
copy of a letter which I got — a carbon copy that was written to one 
of the prospective leasees by Senator Jones, and in this it says: 
'' The first year's rental had been paid on all leases submitted to the 
office, except the case of Neal C. Hawley and Leo D. Adams. Mr. 
Adams has paid the rental direct to this office." 

That is the only information I have that the rental was paid to 
anybody, and it is so noted in the tabulated statement. 

Q. You can not authenticate it at all?— A. It is a copy of a car- 
bon that the Indian Office sent me — that they wrote to Senator 
Jones. 

(Said letter was marked ''Exhibit 11." and was as follows:) 

September 20, 1913. 

My Dear Senator : The office has considered the letter of Mr. A. P. Stock- 
well, of Aberdeen, \yash. (addressed to you), and certain correspondence siib- 
mited therewith regarding his lease for mineral lands on the Qninaielt Reserva- 
tion, which is now pending action by this office. The correspondence shows 
that when Mr. Stockwell was called upon for the payment of the first year's 
rental he expressed the opinion that this paj-ment should be waived. In his 
letter to the sui^erintendent at Cushman Mr. Stockwell says that the depart- 
ment should extend the time of this payment until after the first of the year. 

The regulations require that the rental be " paid in advance." and the super- 
intendent has been so instructed to collect all such rentals before submitting 
the lease for consideration. In the case of Mr. Stockwell and a number of 
others who were delinquent in the payment of rental, the office wired the 
superintendent on September 6 to notify immediately all delinquent lessees 
that leases would not be considered luitil rental for current year had been 
paid. He was further advised that if the rental was not paid within 10 days 
after notice the leases would be disapproved. The office is to-day in receipt 
of a telegram advising that the first year's rental had been paid on all leases 
submitted to the office except in the case of Neal C. Hawley and Leo D. Adams. 
Mr. Adams has paid the rental direct to this office. 

The subject of mineral leasing on the Quinaielt Reservation was given care- 
ful consideration and it was decided to approve several leases where the papers 
were regular in every way, the financial statement satisfactory, the rental paid, 
and some reason apparent that early development would follow approval. You 
have been previously advised as to the leases so far approved. You are now 
advised that all pending leases will be taken up and disposed of without delay. 

The paper submitted by you are returned herewith. 
Very truly, yours, 

C. F. Hauke, 
Second Assistant Commissioner. 

Hon. Wesley L. Jones, 

United States Senate. 

By Eepresentative Burke: 
Q. Mr. Johnson, do any of these leasees make these leases on con- 
dition that they must have a certain amount of land leased before 
they will begin operation? — A. No, sir. 
35G01— FT 3—14 5 



278 CUSHMAN SCHOOL, WASHINGTON. 

Q. Then if all of the leases that have been approved should be 
disapproved you don't think it would have any effect on these leases 
that have been approved ? — A. Well, only this effect : That being an 
untried field everybody is interested in having as many developers 
go in it as can be because development will be very expensive. There 
is no one corporation, probably, unless it might be the Standard Oil, 
that could stand the expense of thoroughly prospecting the reserva- 
tion. But with quite a number of leases, each one prospecting, one 
of them might demonstrate whether there was oil and encourage 
the others to keep on. 

Q. Yes ; but if somebody is about to prospect, won't the others wait 
to see what he gets? — A. Yes; I think they will, which throws the 
burden on that man, 

Q. Do you think there is oil down there? — A. I have nothing 
really to base an opinion on. There is oil, there is no question about 
that but whether it is there in commercial quantities I have nothing 
to base an opinion on. They have found oil in a seepage north of the 
reservation and the company is there now drilling. They are down 
about 500 feet, I have understood. That is, outside of reservation 
lands : they have got some very high grade oil out of a seep. I don't 
know how much they have got; I have seen two or three hundred 
gallons, but whether they will strike oil there or anywhere else in the 
Northwest in paying quantities is problematical, and oil has never 
been discovered in paying quantities in the State of Washington so 
far as I know up to the present time. 
By Senator Towxsend: 

Q. Are you familiar with the Cacoeman case?^ — A. Yes, sir. 

Q. He has a wife and seven children, I believe ? — A. He has quite 
a number of children. 

Q. He testified here to-day that his wife is dying with consump- 
tion ; that she is now in some sanitarium or hospital somewhere ; and 
that he has been asking to sell his wife's property — her allotment — 
for the purpose of paying expenses of her sickness — caring for her ? — 
A. Just let me interrupt there. It is the land of a deceased child he 
is asking to sell. 

Q. You are right about that. 

Eepresentative Burke. He has only made application to sell one. 

By Senator Townsend: 
Q. What have you to say about that? — A. In February last I held 
a hearing to determine the heirs of those two children, along with a 
large number of cases, and at the time that I took the testimony the 
woman was there. I saw that she was pretty far gone with tuber- 
culosis and I took their application to sell at the time I held the 
hearing, and, with a large number of cases, it was the 15th of April 
before I got this case worked up and forwarded it to the department, 
I attached their request — their application to sell — to the hearing 
and in my report I asked them to take special action and called 
their attention to the statement of Mr. and Mrs. Cacoeman as to why 
they wanted the sale made. There was absolutely no reply to that 
until, I think, it was about four weeks ago I got a telegram telling 
me that this woman was in Aberdeen with tuberculosis and instruct- 
ing me to take steps that day to have her examined and make a 
report. 



CUSHMAN SCHOOL, WASHINGTON. 279 

Well. I started the iiuichiiiery in motion. When I received the 
telegram I was just leaving for Port Angeles to assess damages on 
railroad right of way. The date wa.s set and the parties would be 
there and I simply had to go. 1 started the machinery in motion and 
was gone two days, and when I got back they had the report — that 
is. the report was that she had gone to l*ortland. Well, it took me 
two or three days to locate her in Portland and I got another tele- 
gram, very insistent, asking me to reply as to what I had done in the 
matter, and I answerecL telling them what I had done; that I had 
located the woman and was leaving for Portland that night to make 
further investigation, and in this telegram called their attention to 
my letter of April 15 in the matter of the application of Mr. and Mrs. 
Cacoeman for the sale of this child's allotment. 

I went to Portland and found the doctors that were treating her 
and they told me that there was absolutely no hope of her recovery. 
They say. " She has tuberculosis of the throat, lungs, and the bowels 
and' it is just a question of time, six months at the outside," and 
they said, " We can not admit her to our regular sanitorium, but we 
have placed her in another sanitorium that makes a specialty of 
caring for these hopeless cases while they last.'" 

In my report on this land I expressed the opinion that the land 
would not bring what Cacoeman did value it at. 

Q. That is your report of April ?— A. Yes: but I stated that the 
people were insistent that it be advertised at this appraisement and 
I therefore recommend that I be authorized to advertise it. After I 
visited the doctors and went to the sanitorium I had a talk with Mrs. 
Cacoeman: I told her I did not believe the land would sell for that 
amount of money and asked her if she would accept something else, 
and she said, '" Yes ; if you can get authority to sell it, sell it for what- 
ever you think it is worth, so my husband can come and see me oc- 
casionally and my children can come and see me." 

I returned to Taconui and wired the department immediately that 
I had found the wonuin; that her case was hopeless and asked for 
authority to sell this land at private sale for any reasonable offer 
the heirs would accept. They wired me that they had ordered Forest 
Supervisor Dunston to go to the reservation and make a cruise of the 
allotment, and in the meantime nothing would be done regarding the 
sale. Supervisor Dunston has not reported yet and that is the status 
of that case except with this addition : I asked the doctors in Port- 
land — they are quite noted specialists I learned on investigation — I 
said. ''If this woman could have had attention five or six months 
ago. what would have been her chance?" They said. " She would 
have had a very fair chance for recovery." 

Representative Bukke. Do you know whether that matter of the 
heirship has been determined? 

A. I have not been advised as to that. 

Q, There is a great delay of cases and unless it was made special 
it would not be determined before this time? — A. In my report I 
asked that it be made special ; perhaps they have not read the report. 
This case I pointed out is another one— the man was dying of 
tuberculosis : the land was advertised : there was only one bidder, but 
he bid a thousand dollars or perhaps eleven hundred above the ap- 
praisement, which appeared to be evidence that he thought he was 
going to have competition. The appraisement was published. I 



'2S0 CUSHMAN SCHOOL, WASHINGTON. 

have personally stood good with the merchants in the town near 
this reservation for the past four months for food and clothing for 
this man. 

Q. What is the name of that Indian?— A. George Leslie. I think it 
is; those cases have been before them for a long time: they were 
cases whore the Indians had to give deeds ; they were lands that were 
allotted under what we commonly term a sixth article of the Omaha 
treaty, which are patented in fee with restrictions in alienation. I 
executed the deeds and told the department I had them and they 
sent for them and then they sent back and expressed the opinion that 
they could not approve those deeds and asked me to see if the pur- 
chasers would make it a cash transaction ; I consulted the purchasers 
and they said, " We don't feel like making it a cash transaction ; we 
would not have bid as much on a cash basis " ; then I took up and 
argued the case with the department; they said they did not see 
anything to protect the Indian. I argued it to them this way : That 
the purchaser until he made his final payment, until he had made 
his final payment, had absolutely no title to the land; he had simply 
a contract of sale, but that deed was taken and held in escrow by 
me simply to protect the purchaser in the case of the Indian's death, 
in.d in case somebody would persuade the Indian to go back on their 
trade when the payments were pretty well completed. That if the 
purchaser did not come through with his payments all it meant was 
simply the destruction of that deed and the Indian would have his 
initial payment and the purchaser have nothing. I could not see 
the logic of their contention that the Indian was not properly 
protected. 

The other case I spoke of is an heirship case; there is a boy in- 
volved in that that is dying of tuberculosis, only 10 or 12 years old. 
I had my school physician go out and make an examination of him 
when I heard he was sick; he contracted it this summer: he was in 
our school last year and went home perfectly well, and the old people 
he lives with — he has neither father nor mother — said he began to 
get sick in August, and I have written them another letter to the 
department urging them to approve this deed so we can use a share 
of this money to look after the boy while he still lives. 

Q. Wliat is the name of that case? — A. It is the Annie Mason 
allotment. 

Right along that line we have a large niunber of those cases that 
■cought to have attention. I have one on my desk now where a man 
'has tuberculosis, holding it for this timber cruiser, hoping he would 
show up any day, hoping I could get a cruise of the timber and then 
make an intelligent recommendation as to the value of the land. As 
I say, this was three or four weeks ago. and he has not shown up yet. 
Pie is on the Tulalip Reservation at the present time. 

(Telegram from Acting Commissioner Abbott with reference to 
Leo D. Adams leases, marked "Exhibit 12," and was as follows:) 

(Letters of March' 29, 1913, January 31, 1911, and June 28, 1910, 
were furnished by witness and were as follows, marked "Exhibit 
13":) 

(Letter of November 7, 1910, furnished by. witness with reference 
to sale of land of Hoh William, deceased, petition of Sallie Hoh 
William, marked "Exhibit 14," and was as follows:) 

(Witness excused.) 



CUSHMAN SCHOOL, WASHINGTON. 281 

Department of the Intekior, 
United States Indian Service. 

CusiiMAN Indian School, 
Tatonta, Waxh.. yamiihcr 7. I'.IIO. 

The honorable Commissioner of Indian Affairs. 

Washiugtoit. 1). V. 

Sir: I have the honor to forward the following data in connection with the 
sale of lot No. 1. section 19. and the southeast I southeast \ of section 18. town- 
ship 21 north, range 12 west of W. M.. containing 72.05 acres, being the allot- 
ment of Hoh William, a deceased Indian of the Quinaielt Tribe under my 
charge; the sale autliorized under the act approved October 4. 1902, and as 
authorizetl by section 7 of the act of May 27. 19<:»2. 

(2) The description of the land, as shown in the application, is the same as 
that shown bv the schedule of Indian allotments on tile in my otfice. viz: Lot 
No. 1, section 19. and the southeast \ southeast 1 of section IS, township 21 
north, range 12 west of W. M.. containing 72.05 acres. 

(.S)The trust patent. No. 43789, allotment No. 460. was issued January 28,. 
1909. under the act of May 8, 1906. 

(4) The appraised v;ilue of the land covered by this petition is $2,100. 

(5) The timber on this land has a market value of $3<K). and I estimate the 
land to be worth $1,800 without tlie timber. The laud is of but little value for 
agricultural purposes, but being located on a good beach I consider it worth 
$1,800 as water-front ])roperty. 

(0) This hind is not leased. 

(7) Only one bid was received : Harry C. Heermans. Hoquiani. Wash., 
$2,315.89. 

(8) I am unable to slate wliy there was no lomiietition. Evidently only one 
person was interested in the land. 

(9) 

(10) This land is 4i miles from a town. 

(11) This land is 4'. miles from a railroad. 
(12) 

(13) The purchaser has been notified that the deed will contain tlie provisiott 
for the right of way for (Jovernment ditches a.nd canals across the land. 

(14) The consideration iirice has been iiaid in full. 

(15) The money is depo.sited witli the First National P.anlv. Iloiiniam. Wash. 

(16) There is only (me heir. Sally Hoh William: age. ::5 : relationship, wife; 
entitled to all the proceeds of the sale. 

(17) 

(18) There is no question as to the lawful heir. 

(19) The heir is not competent to transact ordinary business. 

(20) The heir who signs the deed has an allotment of her own containing^ 
75.75 acres. 

(21) Tlie sale has been made in accordance with the rules. 

(22) I recommend the approval of the sale, and that a deed in fee be given 
to the jturchaser. Mr. Harry C. Heermans. 

The following i)apers jtertaining to the sale are inclosed : 

Exhibit No. 1 : Petition of Sally Hoh Williaui. for siile of land of Hoh William, 
deceased. 

Exhibit No. 2: Trust i)atent of Hoh William. 
Exhibit No. 3: Accejtted l)id of Harry (\ Heermans. 
Exhibit No. 4: Appraisement. 
Exhibit No. 5 : Copy of advertisement. 
Exhibit No. : Acceptance of sale. 
Exhibit No. 7 : Grantee's statement. 
Exhibit No. 8: Grantor's statement. 

Exhibit No. 9: Certificate relative to explanarion to the grantor. 
Exhibit No. 10: Agent's report (jf sale. 
Very respectfully. 

H. H. Johnson. 
Si(lj>'iinttii(J>'iit nnd Spc'-inl Dtshiirshifi Agent. 



282 CUSHMAN SCHOOL, WASHINGTON. 

CusHMAN Indian School, 
Tacoma, Wash., March 29, 1913. 
The honorable Commi.ssioxkr of Indian Affairs, 

Washington, D. ('. 
Sir: I have (lie himor to inclose herewith oil leases in (iiiiatuplicate as 
follows : 

Lessor, H. H. Johnson, for and on behalf of the Qninaielt Indians; lessee, 
A. W. Lane: acres. 2,840. 

Lessor. H. H. Johnson, for and on behalf of the Qninaielt Indians; le.ssee, 
George F. Stone, acres. 4.S00. 

The council proceedings of the Qninaielt Tr4be of July 20, 1910. permitting 
leasing of Indian lands for mining purposes, and of November 4, 1912, authoriz- 
ing the superintendent of the Cushman Agency to sign leases for and on behalf 
of the tril)e. have been reduced to writing and copies thereof are attached to 
each lease. 

I respectfully recommend that these leases be approved. 
Very respectfully. 

H. H. .Johnson, 
SuprrinteiHlciil and i<i>rcha Dlshursing Agent. 



Washington, .January 31. 1911. 
Mr. H. II. Johnson. 

Siipciintoidrnt Ciislniian Indian Hchoal. Taaniia, Wasti. 
Sib: The office has received your letter of January 18. 1911, forwarding the 
application of Alton Wayland Lane, of Seattle, Wash., for permission to nego- 
tiate leases on both allotted and tribal lands of the Qninaielt Reservation. 

The applications have this day been approved, and a co])y of each is sent 
you herewith. Yon will, therefore, permit Mr. Lane to prospect on the land and 
to negotiate with the Indians for leases. 
Respectfully. 

F. H. AiJBOTT, Assistant Commissioner. 



Cushman Indian Sciioor,. 

.Tacoma. Wasti.. .fiiiic 2S. 1910. 
The honorable Commissioner of Indian Affairs, 

Washitiflton. D. ('. 
Sir: I have the honor to h:ind you herewith a letter from Maurice D. Leehey, 
of Seattle. Wash., re<:iuesting jiermlssion for a client of his to prospect for 
oil on the Qninaielt Reservation, with the view of making a lease. Mr. Leehey 
sets forth that there are not sufficient indications of oil to warrant the making 
of a lease without further investigation. So far as I know there are no pro- 
ducing oil wells in western Washington. 

I have no recommendation to make in this matter further than to say that 
if not inconsistent with the law and dei»artmental regulations, it might be 
advisable to allow this party to do some prospecting to determine upon a 
tract for lease. 

Very respectfully, 

H. II. Johnson. 
Hiiiirrintciidcnt and ^jiccial Dishiirsing Agent. 



Washington, D. C, May 13, 1913. 
Johnson. k^u./Kriiitoulcnt. Tucoina-, WasJi.: 

Leo D. Adams wires you refuse to forward oil and gas leases taken by him 
on account insufficient financial showing. Report facts, and if papers in proper 
form forward for consideration of office with your recommendation. Financial 
showing can then be determined here. 

Abbott, Acting Commissioner. 



CUSHMAN SCHOOL, WASHINGTON. 283 

STATEMENT OF DAVID GUTHERIE. A STUDENT AT CUSHMAN 
SCHOOL, TACOMA, WASH. 

David Giitherie, being- first duly sworn by the ehairniaii, testified 
as follows : 

Examination by the Ciiahoian: 

Q. You are a student at tlie Cushuian School. I believe?— A. 
Yes. sir. 

Q.. Where are you from? — A. I am from southeastern Ahiska. 

Q. Were you born there? — A. Yes, sir; I was born there. 

Q. Are vou a full blood ? — A. Full blood. 

Q. What tribe?— A. Tumsean Methakatka Indians. 

Q. What is your age?— A. I am ±> hist March -2. 

Q, How long have you been in Cushman School? — A. Two years 
now; I am going on my third year. 

Q. Where did you study before you came to Cushman? — A. I 
went to Carlisle in 1903 and I stayed there four years. Of course I 
was small then; I went there when I was about 9 — between 9 and 
10— and I went up as far as the fifth grade, I guess; and I was called 
home and I had to go home. From that time on to 1907 I did not 
go to school at all; I had to get away from home and come down 
here to go to school again, so I come down here two years ago; of 
course, I started in Cushman then. 

Q. What are you studying at Cushman particularly? — A. I am 
taking up my trade. 

Q. What is that?— A. Cabinetmaker. 

Q. When did you first begin to study that trade?— A. A year ago 
last September. 

Q. Did you ever study it before you came to Cushman? — A. No, 
sir; I never did. 

Q. Under whose instruction have you studied at Cushman? — A. 
Under Mr. Henning. 

Q. When did you first learn to speak English?— A. Well, the 
time I went to Carlisle 

Q. Could you speak English then? — A. No, sir. 

Q. You learned it at Carlisle? — A. I learned it at Carlisle. 

Q. During the time that you have been in Cushman School have 
you studied — taken academic studies? Have you studied anything 
else besides cabinetmaking? — A. No, sir: just that. 

Q. You confine your studies to that subject? — A. Yes, sir. 

Q. Do you like it? — A. Yes. sir; I like it very well. 

Q. What advancement have you made— can you tell me what you 
are now able to do by reason of your experience and study there? — A. 
Well, as far as I know, I can take up and start a little job of my own 
and I can make any furniture that I can lay my hand on. 

Q. Is it your intention to start a shop of your own? — A. Yes, sir, 

Q. When you finish school?— A. Yes, sir: that is my intention 
to do. 

Q. You were out at the school this morning when the commission 
visited it. were you ? — X. Yes, sir : I was out there. 

Q. You showed us some of your work there? — A. Yes, sir. 

Q. What did you show us you had done? — A. A table, a center 
table, a mahogany table, and that tool case, and a violin. 



284 CUSHMAN SCHOOL, WASHINGTON. 

Q. Did you make the violin that was shown to us while we were 
there ? — A, Yes, sir ; I have one there. 

Q. Let's see it. How long since you began making violins? — A. 
Well, I didn't put any time on it; I just took my own time, extra 
time. 

Q. This violin which I hold in my hand was made by you? — A. 
Yes, sir. 

Q. In extra times? — A. My own times; yes, sir; extra time. 

Q. Well, I will say this appears to me to be a very pretty and well- 
made instrument. How many violins have you made? — A. Well, 
I made four, I think, two violins and two violas. 

Q. Did you sell them? — A. No, sir; they belonged to the school. 

Q. You give your work to the school although you do it on over- 
time, in extra time? — A. Yes, sir. 

Q. Have you made any furniture for the school? — A. Well, I have 
got a davenport there and a table and I don't know — I have forgotten 
what else — ^got a few things and some try-squares; I suppose you 
seen those T-squares : I have about 15. 

Q. Did you make that mahogany veneer table shown us this morn- 
ing? — A. Yes, sir. 

Q. How long did it take you to make that? — A. Well, it took me 
about a couple of weeks, I think. 

Q. Did anyone else work on it besides you? — A. Xo, sir; it was 
my own hands: made it with my own hands; didn't have any help. 
Of course, Mr. Henning told me I could make a table to suit myself, 
you know: of course. I made a table before, a big library table; I 
suppose you saw it up on the bulletin there. 

Q. Did you make a drawing of the table before you made it? — A. 
Yes, sir; I made a drawing before I made the table. 

Q. You did not study carpentering or house building?— A. No, sir. 

Q. Yours is cabinetmaking? — A. Mine is cabinetmaking. 

Q. And you like the trade and intend to follow it? — A. Yes, sir; 
I intend to follow it. 

Q. Do you stay out there at the school ? Do you room at the 
dormitorj^? — A. Yes, sir: well. I am supposed to be captain now and 
they give me a room, two of us in one room, and the privates room in 
the dormitories. 

Q. You are the captain in the military or marine company? — A. 
Yes, sir: Avell, I am supposed to be major now. 

Q. You are major? — -A. Yes, sir. 

Q. What is that, military organization or semimilitary organiza- 
tion you have out there? — A. AVell. it is pretty hard to explain it, bnt 
it is just like the military anyway, drills. 

Q. How many boys iii it? — A. Well, supposed to be all the large 
boys there is there. 

Q. Do you know how many there was last year? — A. Well, there 
used to be about 107. something like that; of course, I was not in the 
large boys; I was in the small boys last year; I took care of the small 
boys. 

Q. Are you the highest one in the company out there? — A. No, 
sir; there is Jarvis. 

Q. "AVliat is he ? — A. Lieutenant colonel, I guess. He is out there. 

Q. Do you eat out there? — A. Yes, sir; right in the dining room 
with the boys. 



CUSHMAN SCHOOL, WASHINGTON. 285 

Q. What have you to say about the food service out there and the 
way it is served? — A. Well, I have been to Carlisle — that is two 
schools now — and I can say that Cushman feeds just as good as 
Carlisle. Of course, some boys complain because they have been at 
home and they don't have no time to get the right time when they 
ought to eat, and when they take regular times they think they 
haven't got enough. When I was at home I never had a special time, 
say 12 o'clock and 8 and then G o'clock; we never do that at home, 
always running around, and when you come to a place where you 
have to get your meal at a regular time you think you haven't got 
enough; that is the way some boys complain about that, but as far 
as I know I thinlv Cushman feeds pretty good. 

Q. Do you know of anything in the school there that you want to 
bring to the attention of the commission, especially that you think 
ought to be changed? — A. Why, not that I know, sir; as far as I 
want, everything suits me. 

Q. Is there a college or school spirit among the boys out there ? — 
A. Yes, sir. 

Q. You know what I mean? — A. Yes, sir; I know — quite a good 
deal of that. 

Q. Do you want to make any further statement in connection with 
the school or your experience there ? We would be glad to hear any- 
thing you want to state. — A. No, sir; I have not. I am well satis- 
fied the way it is. 

Q. I am curious to know Avhether you intend to remain in this 
country or go back to Alaska ? — A. I intend to go back. 

Q. Going back among your own people, are you? — A. Yes, sir. 

Q. And engage in your trade there? — A. Yes, sir. 

Q. What is the estimation in which Mr. Johnson is held by the 
pupils there? What do they think of him — the older pupils? — A. 
Well, I will tell you; all the schoolboys say Johnson is a pretty good 
man there ; that is all I heard, as far as I know ; he has been treating 
me pretty good since I have been there. 

Q. How often do you see him down there at your shop ? — A. Well, 
he comes around pretty often. 

Q. Does he? — A. Yes, sir. 

Q. What does he do when he comes down there? — A. Well, he 
just comes around, looks around, inspects some particular thing, 
asks how we are getting along. Of course, Mr. Griffith makes his 
inspections every morning anyway, comes down every morning. 

By Representative Burke : 

Q. What was 3^ou home life before you wen into the school in 
Alaska? Where did you live? — A. Well, I was living right in 
Metaskan. 

Q. Is that a town?— A. Yes, sir; that is an Indian village; I sup- 
pose you heard of Father Duncan. 

Q. What does your father do? — A. Well. I didn't live enough to 
see my father or mother. 

Q. Are they living now ? — A. No, sir; I used to live with uiy uncle. 

Q. WTio brought you up? — A. My uncle. 

Q. What does he do? — A. Well, he is working: common lalxu-er, 
fisherman, loo-ging. 



286 CUSHMAN SCHOOL, WASHINGTON. 

Q. He hasn't any education? — A. Well, he didn't have — of course, 
he was too old then. 
(Witness excused.) 

STATEMENT OF CLAUDE H. KINNEAR, PHYSICIAN AT CUSHMAN 
INDIAN SCHOOL, TACOMA, WASH. 

Claude H. Kinnear, being first duly sworn by the chairman, testi- 
fied as follows : 

By the Chairman : 

Q. You are the physician for the Cushman School ? — A. I am, sir. 

Q. How long have vou acted in that capacity, Doctor? — A. Since 
November, 1896. 

Q. You are on a salary ? — A. I am ; yes. sir. 

Q,. What do you receive? — A. Six hundred dollars a year. 

Q. How often do you visit the school or the school grounds ? — A. I 
visit them three times a week regularly and at other times when 
called in emergencies, or if the seriousness of the sickness demands it. 

Q. What preparation is made at the school for the treatment of 
the sick or afflicted pupils?— A. They have a Avell-conducted hospital 
and a trained nurse; they have an assistant to this nurse, and a 
hospital cook, and the Government supplies them with medicines and 
drugs and dressings and surgical instruments. 

Q. Do you do all the practice for this school ? Is any other physi- 
cian called in connection with the school there that you know of? — A. 
Not as a rule; I think as a rule — there have been cases where they 
were called in consultation. 

Q. Sometimes you call them in consultation in a bad case, I sup- 
pose? — A. Yes, sir. 

Q. What do you say about the health of the school during the last 
year? — A. It is comparatively good. 

Q,. What are the sanitary conditions about the school ground and 
the school building? — A. The sanitary conditions are good ; they have 
a water supply which is as good as can be obtained anywhere, and 
they have ample and sanitary sewerage, well drained, well connected. 

Q. Do you know the kind of food that is served? Have you looked 
into that any ? — A. I have. 

Q. What have you done in that regard; how often, and what have 
you found about it? — A. I have consulted with the superintendent 
at different times about the bill of fare, about certain articles of food 
that were more needed than others, and I have been in the kitchen 
repeatedly and seen the preparation of it. I have watched them 
at their meals at times. 

Q. Well, is the food wholesome or otherwise that is served there, 
as a rule? — A. It is wholesome. 

Q. Have you any suggestions to make in that particular, or are 
they satisfactory to you as a physician in charge of the school? — 
A. It is satisfactory. 

Q. Do you ever visit the dormitories, except when called to see 
the sick?— A. I do. 

Q. Then, I suppose, you see them in the hospital, the sick?— 
A. They are generally iii the hospital, but I was at the dormitories. 

Q. What are the sanitary conditions in the dormitories and how 



CUSHMAN SCHOOL, WASHINGTON. 287 

are they kept? — A. The dormitories are well kept and I consider 
homelike, only there have been a few times in which they were 
crowded, and during an epidemic of measles we had to take care of 
a good many of them in the dormitories. 

Q. Why?— -A. Because they did not have room enough for them 
in the hospital. 

Q. AVhen was that epidemic? — A. Two years ago. 

Q. How many of the pupils then had measles during that epi- 
demic? — A. Between 75 and 80. 

Q. Have any deaths from it? — A. No deaths directly from it. 

Q. Did you have any deaths last year in the school? — A. No 
deaths in the school last year. 

Q. What diseases are most prevalent among the pupils?— A. Ton- 
sillitis, I presume. 

Q. Do you have nuich pneumonia? — A. We have a number of 
cases of pneumonia. 

Q. What about trachoma? — A. Well, we have a small percentage 
of trachoma cases. 

Q. Do you examine the pupils who come there with reference to 
trachoma? Do you make an examination of each pupil, or do you 
only examine them when called upon by the superintendent to do 
so? — A. I examine them all. 

Q. What percentage of pupils last year had trachoma? — A. About 
6 per cent. 

Q. What did you do^ A. Between 4 and <> per cent. 

Q. AVhat arrangement do you make with the pupils that have 
trachoma: how do you take care of them? — A. We give them a spe- 
cial treatment and isolate them until the disease is controlled. 

Q. Have you noticed the arrangement out there with regard to the 
towels over in the dormitory? — A. I have noticed it. 

Q. What is it? — A. They have several separate towels for each 
child. 

Q. They are not so arranged, however, that the towels do not 
touch? — A. I think possibly some of them are arranged so that they 
are too close. 

Q. In order to get the benefit of having separate towels they 
ought to be arranged so that they would not come in contact one 
with another? — A. That sliould be. 

Q. Has there been any change lately in reference to the use of the 
towels so as to avoid trachoma? — A. Not that I know of lately. 
Their attention was called to that last year. 

Q. As a matter of fact provision could easily be made so that the 
towels would A. They should be kept distinctly apart. 

Q. That could be done very easily? — A. That could be done very 
easily: yes. sir. 

Q. What about tuberculosis in the school: have you much there?— 
A. They have some tuberculosis, but provision is made to take the 
tubercular cases to the sanitarium at Fort Lapwai. as soon as they 
are discovered. 

Q. How many patients were transferred to Fort Lapwai last 
year? — A. I can not remember exactly — possibly 8 or 10 altogether. 

Q. You are familiar with the Puyallup Indians. I take it, being 
in this locality ? — A. Yes, sir. 



288 CUSHMAX SCHOOL^ WASHINGTON. 

Q. When did you first discover trachoma among the Indians 
liere? — A. Cases that were diagonsed positively as trachoma v^ere 
first diagnosed bv Dr. Lloyd last fall. 

Q. Up until that time you did not know that that A. Not any 

positive cases; they were treated as cases of different forms of con- 
junctivitis — that is. one particular form of conjunctivitis — the tra- 
chomous form. 

Q. Well, is trachoma increasing or decreasing among the Indians 
you come in contact with here and treat? — A. It is decreasing among 
the Indians. 

Q. Is it more common among the Indians than the white people? — 
A. I don't think so. here. 

Q. What about tuberculosis? Is it increasing or diminishing 
among them? — A. Probably decreasing under the modern advice 
that tliey follow. 

Q. Have you definite data on that subject or any information of 
a specific character? Do you keep a record of the number of people 
who apply and who are rejected on the ground that they are tuber- 
cular? — A. Yes, sir; we have a record there, and there are fewer 
cases reported now- than in former years. 

Q, Might that not be due on account of the greater precautions 
by agency physicians, Avho certify to the conditions of the pupils 
when they come here, or is it due, in j^our opinion, to the fact that 
tuberculosis is actually decreasing among the Indians generally in 
this locality? — A. I tliink, partially, it is due to greater care by the 
agency physicians, but looking at it from every standpoint, I really 
consider it is decreasing. 

Q. A proposition has been made in Congress to establish a tuber- 
culosis sanitarium in New Mexico for the treatment of Indians. 
Would the Indians in this locality be willing to avail themselves of 
a sanitarium if it was provided? Do you think that a practical 
method of treating them, at the expense of the Government? — A. I 
don't think that they would avail themselves of an opportunity of 
that kind? 

Q. Why? — A. They prefer not to go so far away from home when 
thev can get any help near home. 

Q. Would they avail themselves of treatments in local hospitals 
maintained in the locality or near the locality in which they reside? — 
A. I think thev would. 

Q. These Indians have no prejudice against the white man's 
method of treating diseases? — A. Not as a rule. There are a few 
that do, but as a class they do not. 

PETER DICK, A PUPIL AT CUSHMAN INDIAN SCHOOL, TACOMA, 

WASH. 

Peter Dick, being first duly sworn by the chairman, testified as 
follows : 

By the Chairman : 

Q. You are a pupil in the Ciishman School, are you, Mr. Dick? — 
A. Yes, sir. 

Q. How long liave vou been .staving there?— A. Well, I came there 
in 191-2. 



CUSHMAN SCHOOL, WASHINGTON. 289 

Q. Are you a full-blood Indian^ — A. Yes: I aui a full-blood 
Indian. 

Q. What tribe do you belon<>- to ^ — A. 1 don't Icnow how to tell 
you — born up in Alaska. 

Q. What part of Alaska are you from? — A. Sitka. 

Q. Did you go to school anywhere before you came to Cush- 
man? — A. Well, I was up in school in Sitka; mission school. 

Q. What is your age? — A. Twenty-two. 

Q. What are you studying at Cushman? — A. Engineering. 

Q. What kind of engineering? — A. Down at the heating plant. 

Q. How long have you been studying that? — A. I was over there 
last winter for eight months ; this is my second year again. 

Q. What have you learned, and what are you able to do in a gen- 
eral way, in regard to the trade you are studying? Can you run an 
engine? — A. Well, I don't know anything much about it; I just 
started. 

Q. You are just beginning to study your trade? — A. I am just 
beginning. 

Q. Do you like it? — A. It is all right; I can not run the engine; 
T can keep the fires. 

Q. Do you intend to run it and follow it as a trade — make your 
living that way? — A. Yes; 1910 I w^as working on a boat, City of 
Seattle, as the fireman for six months, and after that, six months 
from 1910, I went to work in a river boat up in Dawson; I w^as fire- 
man again for four months and a half, and after that I got off and 
I went back to a place around Sitka, Fish Canyon. 

Q, Are you studying in any books out there? — A. No; I aint 
studying. 

Q. Y^ou are not studying anything but the engineering? — A. En- 
gines. 

Q. What progress do you think you are making there? Do you 
think you are learning right along? — A. Yes; I am learning. 

Q. Do you live in the dormitory ? — A. Y^es ; I have a room myself, 
and I am orderly of rooms — supposed to be — for five boys. 

Q. You are orderly in the military organization? — A. I don't 
know as to that. 

Q. How many boys are under you ? — A. Well, I think, about five 
or so. 

Q. How do they get along? — A. Well, they get along all right. 

Q. Behave thernselves pretty well? — A. Sure" they will. They get 
up in the morning, fix up fine, go to the dining room. 

Q. Is there anything else you want to state ? We will be glad to have 
you tell us anything you know that you want to tell us. — A. Well, I 
don't exactly much — I don't know much to say about it; I notice I had 
a fine room. My father died in 1909 and my mother died in 1907, but 
when I was up "in the home I used to go around to my brother's and 
my uncle's. When I was up there Christmas I had an easier time 
before; and I learned my trade besides, and I learned how to keep 
clean and how to act, and it suits me good ; that is all I know. 

Q. What does your uncle and what does your brother do? How 
do they make a living? — A. Well, one of my brothers, he is band- 
master, teaching a band; he was over at Sitka training school for 
several years, and one of the company down around here — Sousa, 
the great professor — and he is raised for music, and he is musician, 



290 CUSHMAN SCHOOL, WASHINGTON. 

and he paid $15 a month in music — Sousa composed it and he sent 
it to my brother, and my brother is teaching band — and he get $100 
a month and board : that is the way he keep his living up. 

Q. How many brothers have you? — A. Two. 

Q. What does your other brother do? — A. My oldest brother, he 
had a power boat himself, and he do the fishing in the season time ; 
he run his own power boat, and he get 25 cents a fish — red salmon — 
and so he keep his living up. 

Q. What does your uncle do? — A. My uncle do the crabbing in 
Alaska, and when the season comes he do the fishing; in the winter 
time he go out and trap then; in the fall time go up in the mines — 
work in the Juneau mines. 

(Witness excused.) 

STATEMENT OF DANIEL SIMMONS, A STUDENT AT CUSHMAN 
INDIAN SCHOOL, TACOMA, WASH. 

Daniel Simmons, being first duly sworn by the chainnan, testified 
as follows: 

Examination by the chairman : 

Q. What are your initials, Mr. Simmons — what is your given 
name? — A. Daniel. 

Q. Where are you from ? — A. I am from Yakima. 

Q. How long have you been in Cushman School? — A. Two years; 
this is my third year. 

Q. Where did you study or go to school before you came to Cush- 
man? — A. Well, I went to school in the same school at the time it 
used to be the Puyallup School, and went to school there about three 
years, and then my mother went up to Yakima after my father died, 
and I went to school up at Fort Simcoe. 

Q. Do you read and write English? — A. Yes, sir. 

Q. What grade are you in?— A. Eighth. 

Q. That is the hiirhest grade you are in ? — A. Yes, sir. 

Q. You will graduate from Cushman this year?— A. Last tenn I 
graduated. 

Q. Oh, you are a graduate? — A. Yes, sir. 

Q. You are taking now a course A. Machinist. 

Q. As a machinist? — A. Yes, sir. 

Q. What kind of work are you studying there, and how are you 
getting along with it ? — A. Well, I don't know what kind of work 
I am studying, but anything that is to be made or repaired that Mr. 
Sidel thinks I could make he gives it to me to finish. This morning 
I was making screws for the dynamo down in the engine room. 

Q. You were engaged in making screws for the dynamo out there 
this morning when the commission saw you? — A. Yes, sir; I fin- 
ished it. 

Q. Do you like that kind of work? — A. Yes, sir. 

Q. Are you going to learn it for a trade ? — A. Yes, sir. 

Q. How old are you? — A. Twenty-two. 

Q. Are you a full blood ? — A. I am three-quarters Indian. 

Q. Your parents living ? — A. My mother is living ; my father died. 

Q. Your mother lives on the Yakima Reservation? — A. Yes, sir. 

Q. Has she been allotted there, or do you know ? — A. Yes, sir. 



CUSHMAN SCHOOL, WASHINGTON. 291 

Q. Is there anything else you want to state in regard to the school 
and the way you are getting along? — A. I have nothing to say 
against the school. I think Cushman is as good school as I would 
ever want to go to. I had a chance to go to Chemawah. I wouldn't 
go; I thought I would stay there in Cushman; the employees there 
all suit me and treat me about as Avell as any employer could. 

Q. You have no trouble there at all ? — A. No, sir. 

Q. Do most of the boys get along there that way? — A. Yes, sir. 

Q. Do a good many of them have trouble of some sort? — A. Some 
of the ill-tempered boys could not get along, so they would have to 
run away. 

F. R. ARCHER, ALLOTTING AGENT, QUINAIELT RESERVATION, 

WASH. 

F. E. Archer, being first duly sAvorn by the chairman, testified 
as follows : 

By Representative Burke : 

Q. You have been the allotting agent on the Quinaielt Reserva- 
tion? — A. Yes, sir; I have been. 

Q. For how long? — A. I was appointed in May, 1905, and took 
office September 27 of the same year. 

Q. And from that time up till when?^A. With three furloughs 
off and on, I have been out of the field for about 2C months. 

Q. I don't know as I understand you; you began in 1895? — -A. 
I was appointed in May, 1905, and from May, 1905, to September 
27 I accepted the position tentatively, but finally accepted it in 
September of the same year, and began to work on the 27th day of 
that month. 

Q. How much time have you put in since? — A. I have put in 
the entire time with the exception of three furloughs, which took me 
out of the service for about 26 months of that time. 

Q. Are the allotments completed now? — A. No, sir; far from 
being so. 

Q. Are you still working at it? — A. No, sir; I am not working 
with the Indian or Interior Department at this time and do not 
expect to be. 

Q. When did you separate from the service? — A. September 30 
of this year. 

Q. Under what circumstances? — A. I got a telegram furloughing 
me and stopping allotment work. 

Q. You say you do not expect to resume? — A. No, sir; not that I 
know of. 

Q. Is that because you do not care to continue in the service? — 
A. Under the circumstances I don't think I will be asked to. 

Q. What are the circumstances? — A. Well, I don't want to go into 
detail here in regard to that; you gentlemen know there has been 
a change of administration and I think that is the only reason. 

Q. That is, you have been relieved? — A. I have no kick coming, 
only I think I should have been given a little more time to turn my 
work over. Under that furlough I asked 30 days to turn my 
records over in good shape, and I was denied the time. 

Q. How many allotments have been made on this reservation? — 
A. About 987. 



292 CUSHMAN SCHOOL, WASHINGTON. 

Q. How many enrollments are there, if you know, that are entitled 
to allotments?— A. I know nothing in regard to the enrollment; the 
enrollments do not pass through my hands. 

Q. About how many allotments have been made since you have 
been allotting agent in each year? — A. Well, that varied consider- 
ably; sometimes it depended on where we were, what part of the 
reservation we were. 

Q. What does your force consist of? — A. Well, we have as low as 
4 men and we have had as high as 12, depending on the section of 
the country we were operating in. 

Q. Were the lands surveyed originally? — A. The land was sec- 
tionized prior to our going there. 

Q. And section corners established? — A. Yes, sir. 

Q. Then, your work of locating the Indian upon his allotment 
was simply subdividing a survey already made? — A. Yes, sir; and 
retracing in boundary lines we did not find. 

Q. Have you any information as to how much it has cost per allot- 
ment to make the allotments on this reservation? — A. That varies; 
it has cost as low^ as $20 and it has cost as high as $50. The reserva- 
tion is heavily timbered and is a dense jungle, with possibly about 
two (n- three sections which are prairie lands. 

Q. Under the law the Indians of this reservation are entitled to an 
allotment of 80 acres? — A. Yes, sir. 

Q. Men, women, and children? — A. Yes, sir. 

Q. What is done with relation to making allotments where an 
Indian selects a lot, for instance, that does not contain 80 acres? — 
A. Well, you mean a fractional lot? 

Q. Yes, sir; a fractional? — A. It is given him if he wants it, and 
if we can find another fractional lot to make up the 80, that is given 
him to make up the difference. 

Q. Do the allotments in any cases exceed 80 acres? — A. Yes, sir; 
a good many of them. 

Q. To what extent; how many acres above 80? — A. We have had 
possibly 90 and 92. 

Q. Then the construction of the law in making of allotments is 
that the area shall be approximately 80 acres? — A. Yes, sir. 

Q. Does that mean if an Indian is allotted, we will say, 79 acres, 
that he may still receive an additional allowance? — A. No, sir; un- 
der the instructions from the Land Office — under the general allot- 
ment act and the general land laws — 79 acres would practically com- 
plete his allotment, except we found a fractional lot of 1 acre. 

Q. Now, I am going to call your specific attention to the case of 
Billie Garfield, if that is his name; do you have knowledge of his 
allotment, the land allotted to him personally? — A. Yes, sir. 

Q. Do you know how many acres it contains? — A. No; I could 
not positively say just his personal allotment at this time; we 
thrashed that out about two months ago. when there was a special 
agent out here hy the name of Armstrong. 

Q. ^Vllat did you thrash out? — A. The entire allotm-ents belonging 
to the Garfield family. 

Q. What are the facts as agreed upon between you and Mr. Arm- 
strong as to these allotments? — A. Well, there w^asn't any agreement 
about it. Mr. Armstrong thought if a small fractional piece of land 
could not be found that he could not get it. 



CUSHMAN SCHOOL, WASHINGTON. 293 

Q. Now, were the other members of his family short in theirs? — 
A. Some of them were and a few of them were over. 

Q. Now, do you know of a 48-acre tract that it was suggested 
might be alloted to the family of Garfield to make up these short- 
ages? — A. It was allotted to the family. 

Q. In what form? — A. His daughter Ella took up a fraction first, 
and later on he asked that this additional lot be given to her; and in 
the meanwhile the ofRce had called for the schedules— I am ahead of 
my story ; if Garfield has got his trust patent it will show on it the 
whole story, the history of that 40-acre allotment. 

Q. Well, he hasn't got it, so we would like to have you give it to 
us as near as vou can.— A. She had an allotment, if I remember 
right, of about' 30 acres. I am not positive of the amount. I have 
no books or records ; I turned them all over on the 1st of the month. 
Q. To whom?— A. To the superintendent, who turned them over 
to the surveyor who is retained to finish up the work. This 40-acre 
tract, after her trust patent came for the fractional lot she had, he 
suggested that this be given to the girls. 
Q. These 48 acres?— A. These 48 acres. 
Q. Who suggested it?— A. Garfield did. 

Q. This man over here?— A. Yes. sir: and we indorsed on the 
trust patent, ^Ir. Blish, who was then acting agent at Tacoma— 
we indorsed on it that this additional 48 acres to l)e allotted to Ellen 
Garfield so as to complete her allotment and send it in to the Indian 
Office; and, in the handwriting of Assistant Commissioner Hauke, 
they refused to give that additional 48 acres. 

Q. Forty-eight acres? — A. Yes. sir: claiming that she could not 
transfer : that he could not transfei for her : he was her guardian- 
she was imder age— transfer the previous allotment that was given 
to her and include this. As the matter stands to-day the office has 
never approved that allotment of 48 acres, but it was allotted to the 
Garfield family, and the Garfield family should have it. 

Q. Yes: but it should not be allotted to the Garfield family, ex- 
cept that it be allotted specificallv to individuals?— A. It was allot- 
ted specifically to Ellen Garfield, and whether the office approved 
that tentatively to the Garfield family— they should have that allot- 
ment of land. 

Q. Well, Ellen Garfield should have it ?— A. Yes: Ellen Garfield 
should have it. 

Q. Well, have you seen the land recently: that particular tracts— 
A. I saw it about 10 weeks ago. I think. 

Q. Do you know any proposed alterations thereon with relation 
to the sinking of an oil well?— A. The last time I saw it was— on a 
portion of the land there was a mound thrown up, and there was a 
gas pipe driven in the ground with a gas cock, and the gas cock was 
wired so tliat no one could light it. 

Q. Was that on this 40-acre tract ?— A. The gas pipe was driven 
on this 40-acre tract. . , ^t £ 

Q. So far as you know it has not been allotted? — A. Not so tar 
as any allotment having been approved. The office approved them 
tentativelv but would not change the trust patent for the simple rea- 
son— you "will understand that after my schedules are sent m— I 
neve/saw the trust patent: they are never sent to me: I have nothing 
35G01 — PT 3—14 G 



294 CUSHMAN SCHOOL, WASHINGTON. 

whatever to do with them after that. The office either approves 
those schedules or turns them down. 

Q. I thought that, in the handwriting of Mr. Hauke. they disap- 
proved this one? — A. They disapproved this additional lot being 
put on there, and her transferring back this other 30 acres that they 
had; but that 30 acres was not sufficient to give her a complete allot- 
ment. 

Q. Well, wouldn't she be issued a new trust patent if she was 
allowed this additional allotment? — A. It ought to have been done; 
yes, sir. The trust patent itself will give you almost the entire 
story of that transaction. 

The Chairman. But that has not been issued ? 

A. Yes; the trust patent was issued. 

By Representative Burke : 

Q. For 48 acres? — A, No, sir. 

Q. Well when was the 30 acres allotted?— A. The 30 acres was 
allotted quite a while previous to the request for " six hundred and 
forty-eight " and schedules sent in. After the trust patent came, he 
requested this additional 48 acres be added onto this piece of land, 
and we wrote on the back of the trust patent his request, adminis- 
tered the oath to him as guardian, and sent it to the office witli the 
recommendation that that trust patent be canceled and a trust pat- 
ent l>e issued for tliese two pieces of land, and the office refused to 
accept it. 

Q. Well, what they Avould be would be to issue another trust pat- 
ent, wouldn't they?— A. Well, they didn't do it, and I had nothing 
further to do with it. I simply saw the trust patent later on; they 
never wrote to me in regard to" the matter or had no correspondence 
Avith me in regard to it. 

By Representative Carter : 

Q. How long did you say you had been allotting these lands, 
Mr. Archer? — A. Since September, 1905, sir; with the exception of 
about 26 months. 

Q. That is on the Quinaielt? — A. On the Quinaielt Reservation. 

Q. How many Quinaielts are there who received allotments, do 
you know ? — A." Well, that is pretty hard to say, how many Qui- 
naielts there are thereabout, because there have been a great many 
taken in by adoption. The treaty is very broad; it has been embrac- 
ing a great many of the outside Indians, but under the provisions 
that the fish eaters of western Washington may be taken in, these 
people have been taken in. 

Q. How many have you allotted? — A. About 987 allotments. 

Q. That is at the rate of about 100 a year, isn't it? — A. Approxi- 
mately that ; yes. 

Q. Is that a fast or a sIoav record for alloting people? — A. Well, 
it is a very slow record. 

Q. What was the cause of it taking so long to allot land?-— A. 
Well, one of the causes was there was no roads on the reservation. 
You can only navigate the ocean beach ; that must be done on tides, 
and the only other way of getting around the reservation is in canoes, 
poling us the rivers through the rapids. You have to go through 
the woods; you have to build your owji roads, pack horses; a good 



CUSHMAN SCHOOL, WASHINGTON. 295 

deal of the way the men have to take every pound of subsistence and 
their packs and tents on their backs. 

Q. Which men do you mean now? — A. The surveying crew. 

Q. How many men were engaged in that business? — A. From 4 
to sometimes 12 men. 

Q. How long did they work? — A. They were supposed to work 
eight hours. 

Q. Well, how long a time did they work? How many months of 
the year? — A. Well, they worked whenever we were making allot- 
ments. 

Q. For nine years? — A. Yes, sir; whenever we were in the field. 

Q. You had from 4 to 12 men and yourself for nine j^ears making 
the allotments? — A. Yes, sir; it is a country where an able-bodied 
man can hardly go in the brush, except he gets on a trail. 3 miles a 
day. and I doubt if any man in here not accustomed to the woods 
can go a mile day in and day out, excepting he strikes an elk trail, 
something of that sort. 

Q. You spoke of having trouble with the present administration ; 
what kind of trouble is that? — A. I haven't any trouble, simply that 
the administration overlooked me; that is true also in the previous 
administration. 

Q. They furloughed you? — A. Yes, sir; I have been furloughed on 
three different occasions. 

Q. Has that been due to lack of appropriations? — A. Xo, sir; 
it has been due to lack of policy; they would run a little while and 
come to the conclusion that they would stop allotments or for some 
other reason they would not go ahead with it. 

By Representative Burke: 

Q. Mr. Archer, in your work of making allotments were there any 
cases where Indians requested to be allotted certain lands which they 
had selected, where you declined to allot them and allotted them 
other lands ? — A. Yes, sir. 

Q. Now. will you state what governs you in matters of that 
kind? — A. The general allotment act and instructions whereby only 
agricultural lands were allotable. As a matter of fact. I will say 
that there were no agricultural lands on the reservation, but what 
there is has some timber on them. 

Q. Did you have any such cases where you declined to allot the 
land first selected by the Indian, and then did the Indian make 
another selection, or" did you arbitrarily allot it ? — A. There have 
been a few cases where we were instructed to close the work down, 
and I had direct instructions from the office to arbitrarily make 
some allotments, but otherwise I have not used that discretion. 

Q. Now, can you tell us whether or not during the time you were 
an allotting agent you declined to allot to Indians upon the reserva- 
tion lands because" they were not subject to allotment, and subse- 
quently in your administration those lands were allotted to other 
Indians that perhaps came in later? — A. I don't know of any such 
case, sir. 

Q. You don't know of any land having been allotted where you 
had declined to allot because the lands were not subject to allot- 
ment? — A. No. sir: I do not. 



296 CUSHMAX SCHOOL, WASHINGTON. 

By the Chair:max : 

Q, Well. I understood you to say a while ago that you had de- 
clined to allot certain Indians — some Indians— on the lands selected 
by them, because these lands were not agricultural lands, as you 
understood it. within the meaning of the instructions of the depart- 
ment? — A. Yes, sir; but I have never given those lands to anyone 
else. 

Q. No instance where lands you refused to allot to an Indian who 
selected them were afterwards allotted to some one else? — A. Not to 
my knowledge. 

By Representative Burke: 

Q. Did you find some Indians who refused to make selections 
and you had to arbitrarily allot them? — A. I first submitted it to 
the office. 

Q. I understand; but did you find some Indians who refused to 
select? — A, Yes. sir. 

Q. And then you submitted it to the department? — A. Yes, sir; 
but there were very few. 
By the Chairman : 

Q. Are there any untimbered lands on the reservation, or have 
been during your service as allotting agent? — A. There have been 
very little lands but what there was some timber on. 

Q. Plow would you determine that lands selected l)y the Indian 
for allotment were not properly to be allotted to him because of the 
fact that they were not agricultural lands; how would you go about 
determining that? — A. If they were not agricultural lands they were 
not allottable. 

Q. I know, but how did you determine? — A. By looking at the 
soil and general growth on the lands. " 

Q. All of the lands had timber on them? — A. Yes, sir: nearly all 
the lands in the reservation. 

Q. In that sense they were timberlands and not agricultural lands; 
now, what I want to know is how you arrive at a conclusion that a 
certain piece of land that was timbered was timberland and not 
agricultural ? — A, The character of the soil ; I was not supposed 
generally to pay very much attention to the timber. As a matter 
of fact you could not go in there and make probably more than 25 
allotments but what there would be some timber on it, and we paid 
particular attention to the character of the soil. If the soil was 
good and we believed it would raise crops we allotted it; if it was 
a gravelly soil and we thought unfit for crops we did not allot it. 

Q. Then it did not matter if the land was timbered ; if it had good 
soil you allotted it? — A. Yes, sir. 

Q. And the only lands you say you rejected or refused to allot 
were the timberlands that were gravelly and not productive? — A. 
Yes, sir; and in cases where it had an exceptional stand of very, very 
heavy timber. 

Q. Do you know how many cases there were of that kind? — 
A. No : but there were a few of them. 

(Witness excused.) 



CUSHMAN SCHOOL, WASHINGTON. 297 

STATEMENT OF A. B. ROSCOVIUS. FARMER ON QUINAIELT 
RESERVATION, TAHOLAH, WASH. 

A. B. Roscovius. being first duly sworn by the chairman, testified 
as follows : 

By the Chairman : 
Q. Where do you reside, Mr. Roscovius?— A. At Taholah, Wash. 
Q. Is that on the Qiiinaielt Reservation ?— A. Yes, sir. 
Q. Are you employed on the reservation by the Government? — 
A. Yes, sir. 

Q. In what capacity? — A. As farmer. 

Q. What do you do as farmer?— A. I am located in the village 
there, and I see to the sanitation, as Mr. Johnson suggested, of the 
village. 

Q. How many farmers have you in your jurisdiction? — A. I have 
a few ; we have one that is here now — Joe Cacoeman — he farms quite 
a little. 

Q. How much land is farmed on the Q.uinaielt Reservation, as a 
matter of fact ? — A. Oh, not to exceed 100 acres. 

Q. On the whole reservation? — A. Yes, sir; now, there is some 

pasture lands, but that is not being 

Q. (Interrupting). How much pasture land is there in addition 
to the 100 acres of land actually farmed ?— A. There is a prairie there 
consisting of about 300 acres, I should judge. 
Q. And that is not cultivated ? — A. No, sir. 

Q. The whole cultivated area on the Quinaielt would be confined 
to about 100 acres? — A. Yes, sir. 

Q. How many Indians do you think are engaged in farming 
that?— A. There is perhaps two or three dozen have patches of an 
acre or two and half dozen that have larger tracts, and Joe Cacoe- 
man is the only man that has a tract of 30 acres, I should judge. 

Q. Is that prairie land agricultural land? Will it produce 
crops? — A. I believe it would. 

Q. What is the area of the prairie land on the reservation, or 
about? — A. Approximately 300 acres. 

Q. Is that all the prairie land there is?— A. That is all I know of. 
Q. Has that been allotted? — A. I believe so. 

Q. Is there anything being done there to try to induce the Indians 
to make farmers? — ^A. Yes. 

Q. What?— A. Just talking to them and advising them; their 
occupation is fishing, and I guess so far the fishing has been so good, 
so much better than farming would be, that farming was very little 
inducement to them ; but the last season the fish run was not so good, 
and some of them are thinking farming would not be so bad. 

Q. Xow, these heavily timbered lands, are they farm lands, or 
capable of being cleared and farmed? — A. Yes, sir. 
Q. Fertile, are they?— A. Yes, sir: very fertile. 
Q. How long have you been on the reservation as farmer? — A. 
Three years in January. 

Q. What do you do there? What are your duties?— A. I am 
there to carry out Mr. Johnson's instructions. 

Q. You are a representative of the superintendent ?— A. Yes, sir. 
Q. Your title as farmer is merely fictitious ?— A. Yes, sir. 



298 CUSIIMAN SCHOOL^ WASHINGTON. 

Q. As a matter of fact, you are not engaged in giving instructions 
to the Indians in farming to any considerable extent? — A. No, sir; 
none whatever. 

Q, Because practically there is no farming going on on the reser- 
vation? — A. Yes, sir. 

Q. You are really a subagent ? — A. Yes, sir. 

Q. How is the business of the reservation? Describe now how it 
is carried on? Does Mr. Johnson himself come there? — A. He 
comes there occasionally. 

Q. How often has he been there during the last year, you think? — 
A. Approximately half a dozen times. 

Q. How long does he stay there when he comes? — A. Well, it 
varies : varies from an hour to sometimes a day. 

Q. Well, as a matter of fact, you are the man that really looks 
after that reservation? Whatever is done there, you are the re- 
sponsible agent, are you ? — A. Yes, sir. 

Q. Now, when questions arise as to what shall be done on the reser- 
vation, how do you determine them ? Do you determine them your- 
self and advise Mr. Johnson afterwards, or do you confer with 
him? — A. I confer with Mr. Johnson. 

Q. How do you confer with him? — A. Through correspondence. 

Q. You write him ? — A. Yes, sir. 

Q. Are complaints as to administrative matters on the reservation 
registered with you? — A. Not always; no, sir. 

Q. How do tliey go? — A. Well, the Indians very often write direct 
to him or to the Indian Department at Washington. 

Q. Were you in the room this morning wdien the statement was 
made about the complaint of an Indian, who said he had been com- 
pelled to work because he had not extended proper social courtesies 
to vou ? — A. Yes, sir. 

Q. I believe that was Mr. Garfield?— A. Yes, sir. 

Q. What about that statement? The statement was made that you 
required him to chop wood because he would not speak to you or say 
good morning? — A. We have cm the reservation or village an Indian 
court, and any misdemeanors or intoxication or any offense whatever 
that comes u"p in the village is taken to the Indian court,_ and the 
Indian court decides as to what should be done with the criminal. 

Q. Now, take the case of Mr. Garfield ; what was the charge against 
him in that case?— A. Well, discourtesy and not complying with the 
rules. 

Q. Well, what was the discourtesy ?— A. AVell, it was not so much 
discourtesy as he did not comply with the rules ; we were at that time 
measuring out the fishing locations, and he disobeyed me in not 
moving his stakes, and in consequence the court decided that lie 
should be fined. 

Q. That he should be fined ?— A. Yes, sir. 

Q. Who composed that court?— A. Three policemen and the judge. 

Q. What is the name of the judge? — A. At the present time? 

Q. I mean then.— A. At that time? Why, the fact of the matter 
is, Garfield himself was the judge. 

Q. Well, did he try himself and fine himself ?— A. No; he resigned. 
Q. In order that some one else might try him? — A. Yes. 
Q. Who tried him then, as a matter of fact? — A. I don't recollect, 
but I believe it was George Underwood. 



CUSHMAN SCHOOL, WASHINGTON. 299 

Q. Well, how was George Underwood selected as judge to succeed 
Judge Garfield, resigned? — A. Well, the policemen ofttimes have a 
say in regard to the matter. 

Q. Was Garfield tried?— A. Yes. sir. 

Q. Did he have a hearing? — A. Yes, sir. 

Q. Before whom? — A. Before the Indian court. 

Q. But who was that court that he was actually tried before ?— A. 
The three policemen and the judge. 

Q. AVas a record made of the sentence? — A. I believe not. 

Q. Do they keep a record of the proceedings? — A. I have been 
since that time ; yes, sir. 

Q. Well, did you do it before? — A. No, sir. 

Q. How did you come to commence keeping it, then? — A. It was 
requested bv Mr. Johnson, the superintendent. 

Q. Was that case called to Mr. Johnson's attention?— A. I believe 
it was. 

Q. You made no record of the sentence imposed against Judge 
Garfield?— A. No, sir. 

Q. Now, as a matter of fact, what was the sentence ?— A. "Wliy, as 
I remember, it was 2 or 4 cords of wood ; I am not positive. 

Q. What did you say a while ago when you said one of the offenses 
for which he was tried was discourtesy? You also said in the same 
connection that he was charged with discourtesy and disobedience 
to the regulations. Now, what was the discourtesy that he prac- 
ticed? — a". Well, he had told me I didn't do as I should do, and other 
agents had done otherwise, and talked in a manner that I did not 
think was proper 

Q. Now. what did he say?— A. I don't recall the exact words. 

Q. Was he offensive? — A. Yes, sir. 

Q. And that was one of the offenses for which he was tried? — A. 
Yes, sir. 

Q. Now. when did he resign with reference to that trial? — A. 
Well, at that time. . 

Q. How did he come to resign?— A. He said he was not being 
ffiven a square deal on the measurements of his fishing location, and 
that he would resign as judge, and that he did not like the way I 
was doing. 

Q. AAHio had the power to determine his fishing locations?— A. 
Why, I did. 

Q. You did ? — A. Yes, sir ; and the policemen, of course. 1 was 
with the policemen who surveyed it. 

Q. Did he explain to you how it was he thought he was not given 
a square deal ?— A. He said in former years his stakes had been there, 
and thev should be there then. 

Q. He had been using the same^ location for some time, and he 
wanted to continue to do it ? — A. Yes, sir. 

Q. Why did you require him to move it ?— A. The policemen that 
had been" there ^f or vears told me. and I also knew, that during the 
freshets a number of stakes had gone out : in fact, all the stakes near 
the mouth of the river were taken out. and in resurveying we found 
his stakes were not in their proper locations. 

Q. Who was that policeman ?— A. ^Vliy, there had been a good 
many changes, and I don't remember ; I don't recall who they were 
at the time. 



300 CUSHMAN SCHOOL, WASHINGTON. 

Q,. Now. when that complaint was made (that Mr. Garfield had been 
fined for some offense) to Mr. Johnson, what did Mr. Johnson do 
about it, if anything? — A. AAHiy, Mr. Johnson came to the reserva- 
tion some time this past year and in a talk with me this question 
arose, and he told me of this particular instance and that about Gar- 
field. I didn't know of it otherwise. 

Q. Under what authority is that tribal court constituted, and who 
determines who is entitled to sit as a member of that court?— A. 
Why, I make the recommendations to Mr. Johnson and he usually 
approves the recommendation of who should be on the police force 
or who should be the judge. 

Q. The court consists of one judge? — A. And three policemen. 

Q. The policemen make the arrest and then try the fellows ar- 
rested?— A. Yes. sir. 

Q. That is the way it is done, is it? — A. Yes, sir. 

Q. And then enforce their sentence? — A. Yes, sir. 

Q,. How many trials do you have in that court as a nile; are they 
frequent or rare? — A. Xo. sir; not very; just occasional times; they 
are quite rare. 

Q. Could you say how many trials were had in that so-called tribal 
court during the last year, for instance? — A. Not to exceed half a 
dozen. 

By Representative Bukke : 

Q. Are you familiar with the 40-acre tract of land that has been 
referred to here as the tract selected as the additional allotment for 
Ellen Garfield ?— A. Yes, sir. 

Q. Do you know anything about a certain oil well about to be put 
down somewhere in that locality ? — A. Yes, sir. 

Q. Do you know where it is located ? — A. Yes, sir. 

Q. Is it upon this 40-acre tract? — A. Yes, sir. 

Q. Has there been any lease made of that tract, as you know ? — A. 
Not as I know of. 

Q. Do you know who the party is that is about to put down the 
well? — A. Yes, sir. 

Q. Who is it?— A. Mr. J. A. Paulhamus. 

Q. Who does he represent? — A. Why, the Indian Oil Co. 

Q. Wlio compose the Indian Oil Co., if you know? — A. I don't 
know. 

Q. Is that the concern Mr. A. W. Lane is connected with? — A. 
Yes ; I believe so ; in fact, I know so ; he is the lessee. 

Q. I want to ask you if you were here this morning and heard 
Mr. Johnson describe having held certain councils up there with ref- 
erence to leasing the lands of the Indians for oil purposes ? — A. Yes, 
sir ; I was here. 

_ Q. Do you recall a council having been held in 1910? — A. No, 
sir; I came there in January, 1911. 

Q. Do you Imow anything about the council held in January, 
1911, or was it after you came there? — A. No; I came there in Janu- 
ary, 1911 ; I don't recollect any council being held at that time. 

Q. Do you recollect a council having been held in November, 
1912?— A.' Yes, sir. 

Q. Did you have anything to do with that council? — A. Nothing 
more than to inform the Indians that it was to be held. 



CUSHMAX SCHOOL, WASHINGTON. 301 

Q. Now, what did you do in relation to giving the Indians notice 
of that council? — A. Wh}^ I went among them personally. 

Q. What caused you to go in the first place? — A. Mr. Johnson in- 
structed me to. 

Q. How did he instruct you ? — -A. By letter. 

Q. You haven't that letter?— A. Not here. 

Q. What did he say? — -A. He asked me to notify the Indians to be 
present at a council to be held on a certain day. 

Q. How many days before the council was to be held did you get 
that notification ?— A. Well, I could not say as to that without look- 
ing in my files. 

Q. Was it one day before or several days, as you recall ? — A. Well, 
I don't think it was more than two days. 

Q. What did you do when you got that notice? — A. I notified the 
people in the village and had the officers notify other people that 
were located at a distance. 

Q. Who do you mean by the officers, the police?— A. Yes, sir. 

Q. Is that the customary way of giving notice of a council? — A. 
Yes, sir. 

Q. Were the Indians informed of the purpose of the council? — A. 
No, sir. 

Q. There was nothing said except that they were requested to at- 
tend a council ? — A. Yes, sir ; now. there were several councils — there 
was councils that it was stated what it was to be for, but others it 
was not. 

Q. About this council in November, 1912?— A. Well, concerning 
what, please? 

Q. Well, I want to know if the notice stated what the council was 
for? — A. No, sir; not that I know of. 

Q. Did Mr. Johnson tell you in his letter Avhat the purpose of his 
letter was? — A. Not that I remember. 

Q. Were you at the council ? — A. Yes, sir. 

Q. What transpired there as you remember? — A. Mr. Johnson 
presided. 

Q. Well, what did he tell the Indians, what did he say; he must 
have told them something? — A. I don't recall what was said or what 
took place at the time. 

Q. You don't remember what he talked about ? — A. No, sir. 

Q. Did you hear anything suggested about oil leases or authority 
being given to him to make oil leases? — A. Well, if this was the 
council that concerns the oil leases, yes. 

Q. That is what I want to know; what did you hear? — A. He 
asked the Indians whether or not they wished to empower him to 
lease these lands and act as their agent to vote on the subject, which 
they did. 

Q. Was the question put to the meeting to determine by a mo- 
tion? — A. Yes, sir. 

Q. Do you recall of the proportion of the votes in favor of it? — 
A. Why, the majority. 

Q. Do j'^ou know how many there were? — A. Why, just approxi- 
mately. 

Q. About how many? — A. Oh, I should judge 25 or 30 adults. 

Q. Is there any rule governing councils on an Indian reservation, 
that before any business can be transacted there must be a certain 



302 CUSHMAN SCHOOL^ WASHIXGTON. 

number of Indians present, or does a majority of those who assemble 
constitute a council? — A. The majority of those who assemble con- 
stitutes a council. 

Q How long was that council in session, do you remember? — A. 
Two or three hours. 

Q. Was there any protest made by anyone against granting to Mr. 
Johnson authority to sign the leases? — A. Not at the time, that I 
know of. 

Q. Was there subsequently? — A. Yes, sir. 

Q. Against Mr. Johnson signing the leases or against leases being 
made? — A. Against leases being made. 

Q. Has there ever been any complaint against Mr. Johnson being 
selected to sign the leases? What I mean is, as to him individu- 
ally? — A. I have heard nothing. 

Q. You have heard some complaints on the part of the Indians 
against making the leases? — A. Yes, sir. 

Q. What has been the nature of those complaints? — A. That they 
did not want Mr- Johnson to make the leases ; that they were capable 
of managing their own affairs. 

Q. In other words, the Indians expressed dissatisfaction as to 
leases being made under the supervision of the Government and de- 
sired to make the leases themselves ?— A. Yes, sir ; that they wished 
to be consulted in the matter. 

Q. That is, they wanted to be a party themselves to the making of 
the leases? — A. Yes, sir. 

Q. Well, individual leases made by adult Indians are signed by 
the Indians? — A. Yes, sir. 

Q. So no lease can be made in such a case as that unless they are 
consulted? — A. No, sir. 

Q. Then, it must have been largely because leases were being made 
of minor Indians? — A. Yes, sir. 

Q. That the complaint was about ?— A. Yes, sir. 

Q. The father of the minor Indian objected because the agent 
made a lease? — A. Yes. sir. 

Q. Without consulting him as to his child's land?— A. Yes, sn-. ^ 

Q. About how many of those complaints were there? — A. I don't 
know of but one. 

Q. Who was that?— A. William Garfield. 

Q. Have you heard of any other? — A. No, sir. 

Q. Has there been any complaint coming to your notice among the 
Indians against the making of leases for oil purposes upon the reser- 
vation other than Garfield ?— A. Beg pardon. 

Q. Have there been any complaints other than Garfield? — A. No, 
sir. 

Q. He is the only one you have heard ? — A. Yes, sir. 

Q. If there has been considerable complaint of that kind, it has 
not come to your notice ? — A. No, sir. 

Q. Did you see Richard C. Adams here last summer ?— A. Yes, sir. 

Q. Was he upon the reservation ?— A. Yes, sir. 

Q. What was he doing there?— A. He was with his son. He was 
getting leases — oil leases — from the Indians. 

Q. bid vou talk with him? — A. Yes, sir. 

Q. Talk" with the son ?— A. Yes, sir. 



CUSHMAN SCHOOL, WASHINGTON. 303 

Q. Did they tell yon that that was their purpose here — A. Yes, sir. 

Q. Did Richard Adams appear to be doing anythino- else here at 
that time? — A. No, sir. 

Q. Do you know whether or not there are a good many Indians 
upon your reservation that belong to the organization of wliich 
Richard C Adams is said to be the principal chief or grand 
sachem? — A. Yes, sir. 

Q. Are there a good many Indians over there that belong to that 
organization ? — A. Yes, sir ; quite a few. 

Q. Do you know whether they pay anything or not? — A. I don't 
know as to that. 

Q. Do you know whether or not Mr. Adams obtained any con- 
tracts of any kind other than oil leases of these Indians while he 
was here? — A. No, sir. 

By Senator Robinson : 

Q. How many councils have been held since you have been here?— 
A. Why, approximately a half dozen in the last three years. 

Q. What were the other councils about? — A. Why, various land 
matters in regard to fishing — their fishing there and fish canneries. 

Q. Did you hear a complaint about the time of this council in 
1012 that the majority of the Indians had not voted at all or had not 
been given an opportunity to vote? — -A. No, sir. 

Q. How was the question put? Just say, now, what was done 
when the question was put, as to whether Mr. Johnson was author- 
ized to sign leases. — A. How was the question put by ISIr. Johnson ? 

Q. Yes; to the council. — A, Why, he asked them to vote by rais- 
ing their hand whether he was to act as their agent or not. 

Q. Well, did he put the other side of it? — A. Yes, sir. 

Q. Did any vote against it? — A. I believe not. 

Q. Who counted the votes? — A. I don't remember that. 

Q. Did you do it? — A. I may have done it. 

Q. How do you know that the majority of them voted in favor 
of it, is what I am trying to get at? — A. Why, I don't know of an}' 
other way except that it would not count a vote. 

Q. You really don't know how many voted for it, do you? — A. 
No, sir. 

Q. You just assumed the majority voted for it. because it was de- 
clared granted? — A. Yes, sir. 

Q. Have you a personal recollection as to whether or not both 
sides of the question were put? — A. Yes, sir. 

Q. Who made the motion ? — ^A. I don't know as to that. 

Q. You don't remember about that ? — A. No, sir. 

Q. Do you know anything about stock companies being organized 
to sell oil stock on that reservation — for lands on that reservation? — 
A. No, sir. 

Q. You never heard about that? — A, No, sir. 

B}^ Representative Carter: 

Q. You say there have been a half dozen councils held in the last 
three years? — A. Approximately. 

Q. Then did you give the notice to each one of the Indians? — A. 
Yes, sir. 

Q. You state that you did not say in your notice to the council- 
men — to the tribe — what this meeting was for in November. 1907, 



304 CUSHMAN SCHOOL, WASHINGTON. 

the one that was called for the purpose of considering the question 
of authorizing Mr. Johnson to sign the leases?— A. Well, I don't 
know as to this specific council, but some of the councils Mr. John- 
son would simply say in his letter that he wanted to see the Indians 
and wanted them present and would not say what it was for. 

Q. Are you sure that notice was not given of the purpose of this 
meeting of the council, or are you just guessing about that?— A. 
Well, I notified the Indians at all times when I was requested by 
Mr. Johnson. 

Q. Well, but are you sure that they were not told what they were 
to convene for ?— A.' I am not certain as to that. 

Q. When you saw Mr. Adams on this reservation taking these 
leases, was there anyone with him? — A. Yes. 

Q. Assisting him'to take the leases?— A. Mr. Adams was with his 
son, Leo. 

Q. Was there anyone else with him?— A. I'es; there was a Mr. 
Norris. 

Q. Where was he from?— A. From New York, I beheve. 

Q. Anyone else?— A. Yes; I don't recall the name, though. 

Q. Was there anyone interpreting for him?— A. Yes, sir. 

Q. Who did that? — A. Why, Indians that were capable of inter- 
preting; various Indians. 

Q. He did not have any certain interpreter with him that he car- 
ried with him ?— A. Yes : "he had a man there by the name of Charlie — 
George Charlie, I believe. 

Q. A Quinaielt Indian?— A. Yes; I believe he is a Quinaielt 
Indian. 

Q. Where does he live?— A. At Bay Cander. 

Q. Where does he liA^e?— A. At Georgetown. 

Q. Was there anyone else with him that you know of? — A. No, sir. 

Q. He just went "among the Indians taking the leases himself with- 
out the assistance of anyone except the interpreter ?— A. Yes. • 

By Eepresentative Burke: 

Q. What have you to say about Billie Garfield ? Is he a good citi- 
zen up there? — A. Yes, sir. 

Q. Has he a good reputation? — A. Yes, sir. 

Q. A man that is temperate, is he?— A. Yes, sir; entirely so. 

Q. If you wei-e called upon to certify as to whether he was compe- 
tent or otherwise to manage his own affairs, what would you say ? — A. 
I would say he was entirely competent. 

Q. Has 'he ever made an application for patent in fee, if you 
know ? — A. I believe he has ; I am not positive, though. 

Q. That would originate with you, though, if he did, wouldn't 
it?— A. Well, I think he has made a verbal application to Mr. John- 
son ; he has never requested me to. 

Q. Do you know a woman up on your reservation by the name of 
Sallie Hoh William? — A. Yes, sir. 

Q. Who is she and how old is she? — A. I should judge her to be 
about 55 or 56 years old. 

Q. Did she have an allotment? — A. Yes, sir. 

Q. Do you know whether the land has been sold or not? — A. I do 
from the fact that she is receiving money each month. 



CUSHMAN SCHOOL, WASHINGTON. 305 

Q. But if it was sold it was sold before your administration? — 
A. Yes, sir. 

Q. When lands are sold under the nonconipetent act, is it the duty 
of the farmer to make the appraisement? — A. Why. there has none 
been sold since I have been there. 

Q. There has none been sold? — A. No. sir. 

(Witness excused.) 

STATEMENT OF WILLIAM GARFIELD, TAHOLAH, WASH. 

William Garfield, being first duly sworn by the chairman, testi- 
fied as follows: 

By Senator Town send : 

Q. Your name is William Garfield? — A. Yes, sir. 

Q. How old are you, William? — A. Oh, just about 50; my father 
didn't know my age, you Imow ; I just guess at it. 

Q. lAHiere do you live? — A. Quinaielt Reservation. 

Q. Do vou live in that village up there? — A. Yes. 

Q. What is the name of that?— A. Taholah. 

Q. What is your business? What do you do for a living? — A. 
Well, I started making my living hunting sea otter, and when sea 
otter got scarce I started fishing. 

Q. You are a fisherman now? — A. I am a fisherman now, and 
when the fish get scarce I am a clam digger now. 

Q. Do you till or cultivate any of your land ? — A. No. 

Q. You have an allotment up there? — -A. Yes. sir. 

Q, How many acres in your allotment? — A. Oh. I guess about 79. 

Q. You have a family? — -A. Got a family. 

Q. How many children? — A. Five. 

Q. Five children? — A. Yes, sir. 

Q. And you have a wife? — A. Have a wife. 

Q. So vou have in your family seven allotments, have you?— 
A. Yes. 

Q. All have allotments? — A. Yes. 

Q. Have they all had a full 80 acres?— A. No: three of us were 
short. 

Q. You were short an acre? — A. Yes: and my wife. 

Q. How much was she short? — A. Just about a little over 17. 

Q. Who was the other one that was short ?^ A. Ellen. 

Q. How much was she short? — A. I don't know: maybe 28 — 28 
acres. 

Q. Now, when these lands were allotted you. were they the lands 
you picked out? — A. Well, I took out one. you know, before these 
allotting agents were around; that is the one I had at the point. 

Q. Did you pick out the allotments for your wife and children? — 
A. No : I don't think I did. 

Q. Well, were you satisfied with those allotments so far as they 
went? — A. My wife selected her allotment on this point south of 
Point Grandeville, l3ut these fellows that makes them trust patents, 
they gave her way up — halfway to the little town from the point 
and she was not satisfied, you know, because they did not let her 
know. She was going to take a claim this side of Point Grandeville. 

Q. Near yours? — A. Yes, sir; but these fellows you know made 



306 CUSHMAN SCHOOL, WASHINGTON. 

those trust patents, they just helped themselves and fixed it up the 
way thev wanted to put them. 

Q. ^^'"hat fellows do you mean? — A. I guess those fellows make 
ihe>e trust patents; I don't know what fellows. 

Q. Well, anybody on the reservation — A. No. 

Q. Somebody in Washington? — A. Yes; somebody in Washington, 
I giiess. 

Q. Well, did your wife finally get the allotment she wanted? — A. 
AVell, she can not do anything; "they fixed the trust patent and when 
we found it out they gave her the Avrong one. 

Q. How about the the five children ; did they get allotments where 
vou wanted them? — A. Yes; they got allotments there. 

Q. By you? — A. Xo; by those fellows; makes these trust patents. 

Q. Well, were you satisfied with what they got?— A. I can not kick 
about it, you know. 

Q. Is there lumber or trees or good trees growing on your land? — 
A. Not very much timber on it; it is kind of a swamp, you know. 

Q. Is there on the children's land ?— A. Yes, sir. 

Q. And on your wife's land is there any timber? — A. Yes. 

Q. Well, now. there has been some evidence in reference to 48 
acres; w^hat is there about that?— A. Well, this 48 acres, you see, the 
way I understand it. we were short, the three of us and they filled 
that up with that 48 acres. 

Q. Did you pick out the 48 acres? — A. No, sir; the allotting agent 
himself picked it out where it is a kind of fraction; they let us have 
it ; there is quite a number of Indians got their fractions filled up 
with their claims. 

Q. Didn't they divide that and say how^ much was to go to your 
dauohter and how much w^as to go to your wife and how much to 
you'?— A. No; they tried to make it up, and I tell you this: There 
"is a man called Bliss ; he is the man issued the trust patents. 

Q. Bliss issued these trust patent?— A. Bliss, and he was to my 
place and took Ellen's trust patent and he got us to sign it and he 
sent it back to AYashington, and he tried to put that fraction to 
Ellen's trust patent and they couldn't do it; it just came back again; 
and Bliss told me they w^ere" going to give me a different trust patent 
for that 28 acres. 

Q. Fortv-eight acres?— A. Forty-eight acres. 

Q. They couldn't give it to her because that would make her have 
more than her share?— A. Well, it was given to us; that is the way 
I understand it ; that is why I did not make a kick on our shortage 
on this 80 acres. Now, Archer here, he has been telling you that 
the instructions from Washington was 80 acres each person should 
have. 

Q. Well, what about it? You didn't get it, is that what you 
mean ?— A. I didn't get it, and they filled that out, you know, where 
that fraction is. 

Q. Now, tell me as clearly as you can, Billie, why do you claim that 
48 acres; what makes you think you own it? — A. Well, because we 
are short ; you know each person has got to have 80 acres, and I don't 
see, you know, why I don't get 80 acres. 

Q. But you have no paper, no writing for it?— A. No; but I asked 
them, vou know, and they told me it takes time to fix those and I 



CUSHMAN SCHOOL, WASHINGTON. 307 

had just to wait, you know ; I can not make them in a hurry, you know, 
to give it to me. Maybe I will wait about a hundred years before 
I get it ; nobody knows ; that is right. 

Q. Now, you heard these gentlemen testify about that meeting 
you told us about last evening ? — A. Yes, sir. 

Q. That council over there ; were they right about it in what they 
said here ? Do you know whether there were three councils held on 
this subject or not, one in 1910, one in 1911, and another in 1912? — A. 
This one happened, you know, this man came in 1911. 

Q. First, do you know about the 1910; do you know about the first 
meeting in 1910?— A. Yes, I know; that is the one you know they 
claim I signed on it ; the man first came up there, tried to get oil 
leases. 

Q. ^Yho did? — A. I don't know what they call him; I don't re- 
member that fellow. 

Q. Well, were j^ou at that meeting, you say? — A. Yes; I was right 
there. 

Q. Well, didn't Mr. Johnson explain the objects of the meeting? — 
A. I think so ; I ^less he explained it all right. 

Q. Did you object to it then? Did you say anything against it, 
say you were not in favor of it ? — ^A. No ; I didn't say nothing. 

Q. Why didn't you ? — A. Well, that time they first started on that, 
you know, that was — Ave was kind of hurrying to let that fellow come 
in and do the leases, you know, among the Indians. 

Q. You were willing to have it done at that time? — A. Yes; and 
this man dropped off; he quit; he didn't come up. 

Q. What do you know about the meeting of the council in 1911? 
Were you there? — A. Well, I don't know; I don't remember it; I 
couldn't tell. 

Q. You couldn't tell whether you were there or not? — A. No; I 
could not say. 

Q. Do you know whether anybody objected to the leasing at that 
time? — A. I don't know; I couldn't tell you; maybe I wasn't there; 
I don't know. 

Q. AVell. Avhen did the first objection arise: when did you com- 
mence to find fault with this? — A. Well. I could not tell you : I don't 
remember that, you know. I didn't keep track of it : I not tell a lie 
about it. 

Q,. You were at the meeting in 1912; in NoAcniber. 1912? — A. Yes; 
I was there at that time. 

Q. Why didn't you vote against it? — A. Well. now. I go and tell 
you that so that you can understand it: This voting proposition is 
different than the Avhite people; now, you understand that? Now, 
w^hen them Indians adopt these people in who try to get claims up 
there, and Su]Derintendent Johnson told these people, " You raise 
up your hand who are willing to adopt these people in,'" and they 
raised their hand and he counted. The Indian don't raise their 
hands: of course, we don't want this fellow. 

Q. Well, is he adopted then? — A. No: there is quite a lot of them 
don't want to raise their hands. That means they don't want him. 

Q. And he is not adopted then? — A. Yes: this white people's rule; 
that is different. 

Q. That is not the way Mr. Johnson has conducted your councils 
up there? — A. Yes; he itold them people that way and they d:n't 



308 CUSHMAN SCHOOL, WASHINGTON. 

raise their hands when they don't want the fellow. That means we 
don't want this fellow. They don't raise their hands. He says, 
'' Those that are willing, raise their hands." 

Q. He testified, and also the farmer, that a majority of those who 
were present did raise their hands. — A. Well, that is the thing, 
you see; they make a kick about it. These leases to the tribal lands 
was to be by these fellows, you see; these people, you loiow. The 
people on the reservation were kicking about it. They don't like 
that and they want to try that over, so they can go by a majority of 
the tribe, because they was not satisfied. 

Q. What was the matter? Didn't they think they were getting 
enough? — A. Well, they wasn't all there. 

Q. Has anybody talked with you and told you they would give 
more for the leases than was obtained by Mr. Johnson? — A. No. 

Q. Has Mr. Adams or anybody for Mr. Adams asked you not to 
join in these contracts? — A. No; nobody told me. I just think that 
way ; I don't want to lease no land, you know. 

Q. How do the others feel about it? The others want to lease 
their land, some of them? — A. Yes; but they don't do that. Now, 
there is some of the leases H. H. Johnson was counting, named 
there — Sammy Hoh, he told me he didn't lease this land for oil lease; 
he gave this land to get Johnson to have it sold so he can make use of 
the money, you know. He is sick all the time. The same way with 
Wakatup. He didn't lease that land for oil: he put it up for sale, 
and when they signed their name they say they leased for oil; but 
that is not it. 

Q. Do you mean to say that Mr. Johnson and the other people 
deceived them and did not tell them what they were signing? — ■ 
A. Yes: they told them — no, I don't think, because these fellows went 
and fixed these always, you know; they wanted it for to sell, not 
for oil leases. 

Q. How many of them? — A. Well, there is Wakatup, I heard; 
and Sammy Hoh told me the same thing. 

Q. They have leased their land, have they? — A. Well, when they 
signed, you know they claim they leased it for oil, but that is not 
the way they signed, you know, to have it sold ; that is the way so 
they can make use of the money while they are living. 

Q. Do you want to tell the committee of anything else that is 
wrong up there? 

Mr. RoscoviLTs. Excuse me; Harry Skald don't think Mr. Garfield 
understands that. 

Mr. Skai.d. Gentlemen, I have been sitting down here; excuse me 
for making disturbance: John Wakatup — Mr. Roscovius, in charge 
of reservation ; he knows that at the time Mr. Adams was at Quinai- 
elt, in the reservation, he made contract to make himself the 
holder: AVakatiip, he was brought by Billie Mason over at Mason's 
place to make a contract with Mr. Adams, and Billie Mason had 
told Wakatup, an old man, one of the natives of the Quinaielt Res- 
ervation, he has been there for years and years; he told Wakatup 
that Mr. Adams was to buy this 80 acres from him and he signed it. 
You see, Mr. Adams — he told Wakatup that he was going back over 
to the headquarters at Washington, D. C., at Indian Depa rtment, 
mind you, and when he comes back that he is aoiuff to bu'7 this 80 



OUSHMAN SCHOOL, WASHINGTON. 309 

from this old man and he is going to handle the money right direct 
with the old man. 

Senator Townsend. What is your name? 

A. My name is Harry Skald. 

Senator Townsend.* Do I understand you to say that Mr. 
Adams 

Mr. Skald. I am just using the language that Mr. Garfield is 
telling. 

Senator Townsend. Now, did you say Mr. Adams told Wakatup, 
that Indian, that he was buying his land — ^that Adams was buying 
Wakatup's land ? 

A. No: that Mr. Adams is now taking Wakatup's land for sale; 
that he will, in time, sell the land later on. 

Senator Townsend. Does AYakatup have a patent? 

Mr. Skald. I am not talking for myself 

The Chairman. You sit down ; your time will come next. 

Senator Townsend. Now, Mr. Garfield, tell me, was it Adams 
who was getting this oil lease of Wakatup ? 

A. Yes; that is the way; this kind of business, you see, it is all 
kind of mixed up; I was just surprised when I see them talking 
right here — what H. H. Johnson was saying when he was sitting 
down right here ; he showed those papers. Now, when Jackson and 
his wife get hold of that they will be Idcking like everything ; their 
names was written on the leases you know, but they leased their 
land to Adams. 

Q. Oh, they have leased their land to Adams and Lane both? — 
A. Yes; that is the way I seen it here to-day. You see, H. H. 
Johnson got their names down on his book to Lane; at the same 
time Adams got the lease from Jackson, too; I was just surprised 
when I see them, you know. 

The Chairman. You said a while ago that the Indians signed 
certain papers understanding them to be contracts of sale and they 
turned out to be leases? 

A. Yes. 

Q. Now, then, who took those contracts which turned out to be 
leases which the Indians understood to be sales? — A. Well, there 
was two fellows here, now — Adams and Lane. 

Q. Adams and Lane, both? — A. Yes; Adams got Jackson's. 

Q. Was it both Mr. Lane and Mr. Adams that got the Indians to 
sign leases on the theory that they were going to sell the land? — A. 
No; only Adams was up there making arrangement with the people; 
but Lane, he never came up there ; we never seen him make arrange- 
ment with the people. 

Q. Then it was Adams that took the leases, claiming that he was 
taking contracts to sell the land, was he? — A. Yes, sir. 

Q. Now, do you know how many Indians that happened with? — 
A. No ; I don't Imow. 

Q. Well, name one. — A. Jackson was one. 

Q. Jackson and his wife?— A. No; Sammy. And old Wakatup. 
That is the ones I heard say it. They were to sell it — not for oil 
leases. 

Q. bid they tell vou for what price Mr. Adams was to sell their 
lands? — A. No; they just put it that way. They made a kick about 
35601— PT 3—14 7 



310 CUSHMAN SCHOOL, WASHINGTON. 

it when they found out they Avere oil leases, but they did not sign 
for that ; they signed it for sale. 

Q. Do you know any others besides those you have mentioned 
that signed leases when they thought they were signing contracts 
to sell? — A. I am not sure, but I think Chow Chow is one that 
wanted it for sale — old Andrew Martin, they call him. 

Q. What was his Indian name? — A. Hamala. 

Q. Why didn't the Indians want to lease their tribal lands? Did 
they object to leasing their tribal lands? What did they want to 
do with them?— A. Tribal lands? 

Q^ Yes. — A. Well, that is the ones they are kicking about, you 
know. 

Q. I know; but what did they want to do with it?— A. They 
wanted to have another meeting about it. 

Q. I know; but if they had another meeting, what would they 
want to do at the meeting? If they were dissatisfied with what 
was done at the other meeting, what did they want to do at the 
next meeting? Supposing we had another meeting now, what would 
you do about it? Would you lease the tribal lands? — A. No; I 
couldn't tell you. You Imow this has got to go by the majority of 
the tribe, vou know ; that is the way they want to have it. 

Q. They want to talk it out?— A. They want to see how many 
will be willing at that time then. 
By Representative Carter : 

Q. Did you see these papers that Adams took from this old man 
that you tell us about? — A. No: I couldn't say that, you know. 

Q.'That is all I want. Did Adams tell him that that was giving 
him authority to sell his land, or did he tell him it was really selling 
the land? Which did he tell him?— A. T could not tell you that. 
I was telling vou I heard them fellows say that. 

Q. What d'id these fellows sav— that they gave Adams the right 
to sell their land? Is that right ?— A. Yes ; that is the way they say. 

Q,. Give him a poAver of attorney?— A. They wanted it for leases; 
that is what they told me. 

Q. He was going to sell their land and bring the money back to 
them ; is that it?— A. That is what I heard. 

Q. And tlie old man says now it turned out to be an oil lease?— 
A. Yes. 

*Q. After Adams signed?— A. Yes; that is the Avay they heard it 
now. 

By Representative Burke : 

Q. Garfield, how much Indian are you? Full blood?- A. Full 
blood. 

Q. Where did you go to school? — A. Tahola. 

Q. Did you go anywhere else except there ?— A. No ; stayed right 
there at the old town. 

Q. If you had your lands or your allotment so that you could 
handle it yourself* do vou think vou would keep it, or would you 
sell it?— A. Oh, I thijik I'd keep it. 

Q. Have you ever made application for a patent in fee? Have 
you ever asked for a fee patent ? — A. Yes ; I was trying, you know. 

Q. Did you ever make an application? Did you ever file nn a])- 
plication, or did you just talk about it? — A. Just talked about it. 



CUSHMAN SCHOOL, WASHINGTON. 311 

Q. Why don't you make an application ; if you want a fee patent, 
why don't you make an application? Do you want a fee patent^— 
A. Yes; that is what I want, you know, 

Q. IIow do you know you can not get one unless you make an ap- 
plication ? Why don't you make an application for a patent in fee? — 
A. Well, I am going to try, anyhow. 

Representative Burke. Welf, I think you had better. 

Senator Townsend. That is all. 

The Chairman. That is all. 

(Witness excused.) 

STATEMENT OF HARRY SKALD, TAHOLAH, WASH. 

Harry Skald, being first duly sworn by the chairman, testified as 
f ollow^s : 

By Senator Townsend : 

Q. What is your name? — A. Harry Skald. 

Q. Are you a full-blood Indian?— ^A. Yes, sir. 

Q. What tribe? — A. Quinaielt Indian. 

Q. Where do you live?— A. Taholah. 

Q. Wiiat do you do for a living? — A. Fishing. 

Q. How old are you ? — A. About 37 ; I haven't got the exact age. 

Q. Are you married? — A. Yes, sir. 

Q. How much of a family have you ?— A. I and Mrs. Skald. 

Q. Any children ? — A. Yes, sir. ^ 

Q. Were you at this council held in 1910, called by Mr. Johnson 
for the purpose of considering the leasing of the oil land? — ^A. I 
was not present at the time. 

Q. Were you there at the next one, in 1911? — A. I was not there; 
generally, as a rule, I am there as interpreter, when they hold their 
councils at the Quinaielt Indian Reservation. 

Q. You were not there at either one of those meetings? — A. 
Neither one of them. 

Q. Why weren't you there? — A. I was somewhere else. 

Q. You knew about it, did you ? — A. Heard about it. 

Q. Couldn't get there? — Oh, I heard something about it, but it 
wasn't my business; I wasn't around there, and it wasn't particular 
business of mine. 

Q. Weren't you interested in the tribal land? — A. I am; but I 
don't think it was worth while for me to hang around just for that 
purpose. 

Q. You didn't care anything about the oil leases? — A. No, sir. 

Q. Were you at the meeting in November, 1912 — council, this last 
November — when they had a council down there on this same sub- 
ject? — A. No, sir; I was not there; my brother-in-law was there — in- 
terpreter at the time. 

Q. But you were not there? — A. No; I was not there. 

Q. Did you want them to lease their lands or not? — A. I have no 
jurisdiction whatever over the other people there; I have nothing to 
say; I attend to my own affairs. 

Q. Are you willing, so far as your own interests are concerned, 
that the tribal lands should be leased for oil, as far as your interests 



312 CUSHMAN SCHOOL, WASHINGTON. 

are concerned, not talking about the others, but yourself? Do you 
have any objection?— A. Repeat that question. 

Q. Do yon have any objection to the leasing of those lands down 
there for oil purposes, so far as your interest is concerned? I am 
talking about the tribal land now.— A. xVbout the tribal land? 

Q, Yes.— A. Why, according to the lease that was drawn by the 
departments, it seems so, that the department seemed to think that 
the natives of Xorth American Indians — he still thinks so — that we, 
the North American Indian, you know, that we are still wild; yet a 
whole lot of the natives of the Northwest, of the Indians here, are 
as good educated as any other people; I don't think that they can 
hold us under that jurisdiction. \Ye feel so, that as Indians we are 
capable to attend to our own affairs. 

Q. Do you think all the Indians down there are ?— A. The biggest 
majority are. 

Q. Don't the majority down there have to depend upon you and 
Billy Garfield and a few others to look after their business?— A. 
No, sir. 

Q. You are leaders down there?— A. I don't lead nobody; I at- 
tend to my own affairs. 

Q. Did you call on Secretary Lane when he was here?— A. Yes, 
sir ; I appeared before him. 

Q. What did you appear before him for?— A. On what subject? 

Q. Well, on what subject did you appear before him ? What was 
your object in going to him?— A. Why, we had a telegram to come 
over here and meet him. 

Q. Did you talk to him about these leases?— A. We met him and 
shook hands with him and he told us to meet before his assistant. 

Q. Who was that ?— A. One of his assistants. 

Q. Did you go before that assistant? — A. Yes, sir. 

Q. Did you tell him about these leases?— A. Yes; and we all asked 
him in regard to 80 acres more for each head of the family. 

Q. You wanted 160 instead of 80?— A. Y^'es, sir; and we were re- 
fused of taking our own selection in the Quinaielt Indian Eeserva- 
tion. 

Q. Now, we want to keep it to these oil leases, if we can, ]ust now. 
Did you tell the Secretary that you had not been treated right about 
these oil leases?— A. We'll, I was interpreter at the time with Mr. 
Garfield — William J. Garfield— you see one of his children 

Q. Well, I know about that 18 acres ; I am going to get around to 
that pretty soon. I am talking about the other land. Did you tell 
the Secretary of the Interior that you were not satisfied with the 
leasing, or the proposition to lease, the tribal lands for oil? — A. Well, 
the tribe is not satisfied 

Q. Can't you just answer this question : You can tell me yes or no ; 
did you tell the Secretary of the Interior when he was here, or his 
assistant when you met him, that you were not satisfied with the way 
they had been handling the tribal land down there? — A. The tribe 
is not satisfied ; excuse me for answering — yes, sir ; the tribe is not 
satisfied. 

Q. Did you tell that to Secretary Lane? — A. We did. 

Q. How many of the Indians down there have you talked with 
about this? — A. The whole tribe. 

Q. The whole tribe? — A. Yes, sir. 



CUSHMAN SCHOOL, WASHINGTON. 313 

Q. Have you talked with all the Indians on the reservation? — A. 
They all live there in the village. 

Q\ Well, there are some thaFdo not live in the village? — A. They 
all liA'e there. 

Q. You have just talked with those in the village? — A. They all 
live there. 

Q. Well, answer mv question; those are the ones you have talked 
to, those that live in' the village? — A. Why, I didn't talk to them, 
but all the boys, Garfield and Mason, and all the rest of them. 

Q. You have not talked with them? — A. I did a majority of them. 
They generally meet ever so often. 

Q. Well, some of the Indians down there have leased their lands, 
their allotment, haven't they? — A. Yes, sir; they have. 

Q. Are they satisfied with their leases? — A. I don't know; I pre- 
sume so. 

Q. Well, do you know whether there has been any attempt to get 
leases from Indians down there by improper means, by deceiving 
them? — A. I don't know, sir. 

Q. You don't know whether anybody has asked for a lease or asked 
for a contract to sell land when it turned out to be a lease that he 
obtained? — A. I do not; I don't interfere with somebody else's busi- 
ness ; I attend to my own. 

Q. Have you been treated all right, Mr. Skald?— A. I have. 

Q. Have you leased your place for oil? — A. I have not; there has 
been several have requested me to lease mine, but I have not; but I 
know where I am at and I attend to my own affairs. 

Q. Did you hear any of the Indians who have made leases, or 
rather who have not made leases, complain that they were not getting 
enough royalty under these leases? — A. I don't listen to any such 
foolishness. 

Q. That is foolishness, is it?— A. I don't listen to gossiping; I 
have business to attend to. 

Q. Did you talk with Adams when he was down there ? — A. I have 
met him. 

Q. Did he tell you he could give you a bigger royalty for your 
oil? — A. Well, he couldn't tell me; he couldn't tell me nothing; the 
leases were made out by the department; he couldn't tell me that, be- 
cause I am as good read man as he; all the leases were made out by 
the Government; he didn't say that, nothing of that sort. 

Q. The royalty is the same in all these leases? — A. Yes, sir; the 
same — everyone that was over there : now there is the Indian Oil Co. ; 
it is now over at Taholah : just the same price; every bit of it. 

Q. Who is in the Indian Oil Co.? — A. Oh, it is quite a big con- 
cern, I guess. 

Q. Do you know of anybody that is in it? — A. ^Y[\y, J. A. Paul- 
hamus is manager of that Indian Oil Co. 

Q. Is there anybody else that you know of that is in there? — A. He 
is the manager, is all I know, because he is working over here, and 
that is all I know. 

Q. Now. Billy Garfield claims they are commencing operations on 
that 40 acres he thinks he is entitled to? — A. Now. I can not say; 
Garfield is a cousin of mine and I know the place; I am working 
there every da v. 



314 CUSHMAN SCHOOL, WASHINGTON. 

Q. Well, is this place where they are working on that 40 acres that 
Billy claims? — A. I can not tell you that; I believe it is; I don't 
know; I wouldn't SAvear before a court or anywhere else; it must be 
either his or Capitan's place. 

Q. Do 3^ou know anything- about that 48 acres? You started in to 
talk about it a little while ago. — A. I don't know. 

By Representative Carter : 

Q. Did you see Mr. Adams when ho was down on the reservation, 
you say? — A. Yes, sir. 

Q. And talked with him? — A. Yes, sir. 

Q. What was he doing there? — A. Well, he was over there pros- 
j^ecting, I presume. 

Q. Prospecting for what? — A. For oil. 

Q. And was he taking any leases? — A. Yes, sir; he was; but I 
didn't stay around there ; he and Mason was together. 

Q. Did you ever see Mr. Adams before then? — A. No, sir. 

Q. Do you belong to the Brotherhood of North American In- 
dians? — A. I do. 

Q. Where did you join — here or in Washington City?— A. Here. 

Q. How nuich did you have to pay in dues when you joined? — A. 
A dollar a year. 

Q. You have had to pay a dollar a year since then? — A. No; I 
resigned the first year. 

Q. Are there many Indians on that reservation that belong to the 
Brotherhood of North American Indians ? — A. No ; they resigned, 
every one of them ; after the first year they resigned. 

Q. How was that? — A. At the end of the first year they resigned. 

Q. They resigned? — A. Yes, sir. 

Q. Withdrew from it ? — A. They don't belong any more, excepting 
Billy Mason. 

Q. What was the reason they withdrew from it? — A. I don't 
know ; I can't tell you ; each person's opinion is different from mine. 

Q. You still belong to it ?— A. No, sir ; I withdrew. 

Q. Why did you withdraw from it? — A. Things didn't go as I 
thought they should; your opinions and mine might be different 
in that regard. 

Q. What were the opinions that you didn't like? — A. Well, things 
didn't go just as 

Q. Well, can't you name some particular thing that didn't go 
right; if things didn't go right you ought to know what it is. — A. He 
is supposed to be one of our — he is one of our advisors, and advises 
everything and keeps us posted over here, you see. 

Q. Well, did he advise you not to tell why you withdrew from 
the association ?— A. Well, he is supposed to keep us posted. 

Q. AVell, but did he advise you? — A. Since he failed I went out of 
it; that is plain enough. 

Q. He didn't do as he agreed to ? — A. No ; that is plain enough. 

Q. Did you get a notice about the second year's dues coming? — A. 

Sir? 

Q. Did you get another notice about money being clue the associa- 
tion from you. the second year? — A. Yes, sir: you see I am one of 
the second-grade chiefs, and I answered him right back that there 
is nothing stirring. 



CUSHMAN SCHOOL, WASHINGTON. 315 

B}^ Eepreseiitative Burke: 

Q. Now, the objection to making all leases among the Indians is 
because the Indians want the privilege of making their own leases, 
is that the objection? That is, they think they are Americans and 
they ought to have a right to lease their own property? Is that their 
position? — A. Well, that is right in one way; they feel so, before 
leasing their land, or my land, for instance, speaking for the tribe 
of the Quinaielt, we feel so that we should not lease our land until 
we get our patent in fee, and then we are entitled to the land what we 
have got now. 

Q. Well, what about the tribal land?— A.. Well, that comes before 
the tribe; we feel so that the tril)e of Quinaielt Indian Reservation 
should have their meeting and decide the case. 

Q. Without any supervision by the Government at all ? — A. They 
put the bill before the Government ; they feel so that Mr. Johnson, 
the superintendent, has no right whatever leasing this tribal land 
to Mr. Lane or Mr. Stone or any other oil man, to put in a well in 
there in the reservation. 

Q. I understand it. — A. We, of the Quinaielt Indian Reservation 
feel so that we had a right to say something about it. 

Senator Townsend. Would you like to have your patent in fee? 

A. Yes, sir ; I would like to. 

Q. Are you going to ask for it ? — A. We are going to put in the 
bill: yes, sir. We have already put in the bill before Mr. Lane. 

(Witness excused.) 

STATEMENT OF JOE CAPOMAN, TAHOLAH, WASH. 

Joe Capoman. being first duly sworn by the chairman, testified 
as follows : 

By Senator Town send : 

Q. Wiiat is your name?— A. My name is Joe Capoman. 

Q. Were yoii the interpreter down there at that meeting in 1912, 
were you?— A. Yes; I was carrying on a little to the Indians. He 
talked in English and I tell them in Indian language. 

Q. How long before the meeting was held did you know it was 
going to be held? — A. Oh, about three quarters of an hour or an 
hour. 

Q. How many days before the meeting, before Mr. Johnson came 
back there, did" you" know he was coming?— A. That was the time; 
they just notifie'd the people to come to the meeting, so we rushed 
over there in a little or no time. 

Q. How many were there?— A. I could not tell; I did not count 
them. 

Q. How many do you think there were? About how many? — 
A. I should say about 50 of them was there. 

Q. Fifty men who were entitled to vote ? — A. Not all of them. 

Q. How many of them were there who were entitled to vote? — 
A. I think there must have been about 15. 

Q. About 15 ?— A. Yes. 

Q. I guess you didn't understand me; I didn't mean how many 
did vote, but 1 meant how many Indians were there who could have 



316 CUSHMAN SCHOOL^ WASHINGTON. 

voted, had a right to vote if they had wanted to? — A. There was 15 
of them was willing to vote, and so they voted for it. 

Q. Were there any others there? — A. The rest of them did not 
like to vote, so they didn't vote ; they couldn't vote both ways. 

Q. Did he put the votes both ways? — A. Did he put the vote to 
us? Fifteen of them was Avilling to give tribal lands to drill on. 

Q. Did he ask those opposed to vote ? — A. Yes, sir. 

Q. And they did not vote ? — A. Yes. 

Q. Did you vote ?— A. No. 

Q. Why didn't you vote?— A. Well, I didn't care. 

Q. You didn't care whether they leased it or not? — A. Yes. 

Q. You think the others felt as you did about that?— A. Of course, 
I know this, as you see, that we can not get any red cent out of that 
leased land or we would have leased it before. Now, my child leased 
land once before — that was the time Mr. Bishop was there; I think 
that Avas about 1910 ; and he took me over to his office, and I had to 
assign for that child — he is my little fellow ; he was about a year old 
at the time ; he had an entire 80 acres of land, and he was having me 
to sign for him to lease that land for oil, and he told me there was 
to be about 15 cents an acre to pay, and that would be about $12 every 
year ; he should be paying in a year's time ; so, after about the 29th 
of November, I think, 1910, when I went over in Mr. Koscovis's 
office there I asked him if he knew anything about that oil lease; 
he said he didn't know anything about it. Then Mr, H. H. Johnson 
came over to the other meeting, and I asked him about it — there was 
a meeting of some other kind, and they have adopted tribes there, 
outsiders; it wasn't for oil council meeting at that time^so he 
brought it over; he said that lease was refused; he says this oil-well 
company — the Government told him he had to put up bonds of 
$10,000 before he can let them drill; but he said the oil-well drill 
company didn't put up the money; he said that is the reason why 
that lease was dropped ; he said there was no more sign of it. 

Q. Those who have been leasing their land lately have got their 
money, the 15 cents an acre? — A. No, sir; you see, that 1-year lease, 
we didn't get a red cent out of it. 

Q. Yes ; that first one ; but I mean under this lease. — A. He didn't 
give no money. 

Q. The agent got the money? — A. Yes; I hear him say he got 
$8,000 out of that lease; but no one else knows. That is the very 
time I know it ; now, he didn't have agreements — of course, he made 
agreements for oil-well companies that they pay about 15 per cent; 
they pay about $100 down ; that is, when they drill ; but if you got 
to wait 5 or 10 years before they quit drilling on my land — for in 
stance, if I lease my 8 acres before he drills I couldn't see that $100. 

Q. You understand, from Johnson's testimony, that all these leases 
that have been issued, that they have to put up 15 cents an acre when 
they sign the leases? — A. Yes. 

Q. Put it up with him whether they prospect on the land or not ? — 
A. Yes, sir. 

Q. Well, are you objecting to that? — A. Well, the rest of them 
object, but not me. 

Q. You don't object to that? — A. No; because I don't give leases, 
whatever, since that time my child here — I say, you have written on 



OUSHMAN SCHOOL, WASHINGTON. 317 

the paper here, this lease, before I know it; they never notified me 
about it. 

Q. Is your child one of these parties? — A. Yes; Harry Capoman 
that they mentioned here. 

Q. How old is he ? — A. Two years old. 

Q. Didn't Mr. Johnson talk with you about that? — A. Never noth- 
ing about it. That is the first time ever I know he had his land 
leased. That is the God's truth. He never told me about it. There is 
Mr. Eoscovius; he is our subagent; he knows he never called me in 
his office there to have me sign. 

Q. How many children have you ? — A. I have got seven living. 

Q. Any more of them have lands leased? — A. Them children? 

Q. Yes. — A. Nobody else but this one child that leased up before. 

Q. Well, now, do you object to that leasing of your child's land? — 
A. No, sir. 

Q. You are not objecting to it. Do you know of anything else 
you want to talk about? — A. Well, I like to talk about my rights. 

Q. Well, tell us about it. — A. You see I have got two dead children 
that I want to get a patent in fee, so I can sell their land and make 
use of it. 

Q. Oh. you want to get a fee for your children? — A. Yes; for my 
dead children. Of course, I don't care about what children that are 
living, you see ; but. you see, I have to work and leave that land to 
make money, and I have got big expense with my family sick, and I 
have doctors' bills. I came here to Tacoma for doctors, and I been to 
Aberdeen and Hoquiam. I have wife at Portland in sanitorium 
there. She is right there, and there she got 80 acres we would like 
to put it up for sale, so she can make use of that money before she 
died. 

Q. Have these two dead children of yours been allotted land? — A. 
Yes, sir ; they are allotted land. 

Q. So they have their allotments all right ? — A. Yes ; one of them 
has got patents and the other didn't get any patents yet. 

Q. Trust patents, you mean ? — A. Yes. sir. 

Q. What kind of land is that ? — A. Well, they gave me land — sev- 
eral compass men gave me claims right upon the mountain. I am sat- 
isfied with that until this last time. He was to allot me before, and 
he canceled it, and later on he gave me those claims right on the 
mountain. 

Q. Don't you know what kind of land those two claims are? — A 
He told me there was a little timber on it. 

Q. Didn't you ever look at it? — A. He told me it was on No. 2 
section. 

Q. Do you think you could sell it? — A. That is. if I had rights 
for it. 

Q,. Who would buy it? — A. The shingle-mill men have been buy- 
ing timber there all the time. 

Q. You could sell it to him ? — A. I might if I could have a chance. 

Q. What could you get for it, do you think ? — A. Those people are 
giving all the way from $100 an acre ; but I think that is enough, for 
just the timber, you know. 

Q. And then you would keep the land? — A. Then I don't think 
they keep it ; I don't know about how they do to the people ; they 



318 CUSHMAN SCHOOL, WASHINGTON. 

claim it land and all, but what my land was, if I could have a little 
bit timber, I want to get rid of the timber so I could make use of 
the agricultural land. 

Q. Haven't you any timber on your land ? — A. Not much ; I have 
fractions that I haxe got all cleared up. 

Q. Are you working any of your land? — A. Yes, sir; you bet 
your life I am w^orking. 

Q. How much? — A. I haven't had it but about 22 years; I am 
hard-working man ; I have got over 30 acres. 

Q. That is cleared up ? — A. Yes ; that's cleared up. 

Q. What do you raise on it? — -A. I have got cattle there and 
horses; raising my vegetables, potatoes, pumpkins, cabbage, carrots, 
beets, radishes, and everything. 

Q. All that you need? — A. Yes. 

Q. Do you want to get a patent in fee for your land? — A. Yes; 
I would just as soon have it; it is time for me to change now; my 
father and grandfather was not entitled to that since G5 years old; 
I think it is time now before I die to be changed. 

Q. You are willing to take a deed of your oAvn land? — A. Yes, sir. 

Q. And pay the taxes? — A. Yes, sir. 

Q. The same as other people? — A. I know what the taxes are, 
and I think I can manage my own affairs. 

Senator Toavnsend. I think you can, too. I think that is all. 

Mr. Archer. If the Chair will permit me, the family owns about 
a thousand acres of land on the Quinaielt Reservation; his wife is 
dying of tuberculosis, and the man w^ants to get some immediate 
action whereby he can take care of her. The matter was taken up 
with the department; application was made on the date of April 
14 to the Indian Office asking that he be permitted to sell a portion 
of his land there to give her immediate relief. 

Eepresentative Burke. That is inherited land? 

Mr. Archer. No ; that was his own land. 

Representative Carter. His or his wife's? 

Mr. Archer. Later on application w-as made for his wife's, but 
nothing was done in regard to it until later on the Board of Trade 
of Aberdeen took it up and wnred the department, and they immedi- 
ately put $200 to the superintendent's credit, but prior to the receipt 
of that money he borrowed some money and took his wife over to 
Portland andplaced her in the hands of the Matson Bros.— they have 
a sanitarium tliere. I saw a letter a few days ago from the doctor ; 
they said it Avas almost a hopeless case; that if tTie woman had been 
brought there five or six months ago there was a possibility of a 
recovery. They would not advise sending her home for the fear of 
infection, and some more funds ought to be immediately put to 
the superintendent's credit to continue the care of that woman, to see 
what can be done for her. 

Senator Townsend. Has he made application for more funds? 

Mr. Archer. I don't think the superintendent has. The depart- 
ment suggested they would send a cruiser to cruise his wife's claim 
and see whether it should be sold. Now it will have to be advertised, 
and it will be anywhere from 90 days to G months before application 
can be taken on it. I made a statement here this morning, and I 
think it is true — I don't think any of these Quinaielts should sell 
their land; I believe thev will get as much with the timber on it 



CUSHMAN SCHOOL, WASHINGTON. 319 

to-day without their hinds as thov wouhl with the huid. and 1 believe 
they should keep tlieir land. 

Senator Townsend. "^^mi think thev could work their land all 
right ? 

A. Some of them along the river bottom can work their lands, but 
those who have uphill land can not work it unless they sell the timber 
on it and the proceeds are used toward working- the land; some of 
that land will take from three to five hundred dollars an acre to 
clear it. 

Senator Toavnsend. After the timber is off, you mean? 

A. Yes. sir; after the timber is oif. Now, there is one little dis- 
satisfaction there regarding the allotment work in the Quinaielts. 
When I went there most of these people wanted their lands along the 
river bottom; they would not go away from the river. Naturally 
they got lands along the river, and naturally the timber is becoming 
more valuable; they would like the change. 

Representative Burke. Your theory is, if I understand you, if the 
timbei- Avas sold without the land it would bring just as much as it 
would with the land ''. 

A. It would bring just as much, sir. 

Q. Now. you don't believe that this generation would probably get 
any benefit out of the land, but some future generation would? — 
A. Yes. sir: the younger generation would, and a portion of the pro- 
ceeds of that land should be spent on the land. The Indian himself, 
if coinpetent to clear up some of it — 10 acres or so— seeding it to 
grass and maybe putting cattle on it, 

(Witness excused.) 

Mr. Bishop (interposing). I am quite positive you have it wrong, 
and T would like to have 

Senator TowNSExn. What is wrong, Mr. Bishop? Name some par- 
ticular thing. 

Mr. Bishop. In regai'd to the deeding on the 28th, and in regards 
to the people asking for the sale of land and giving oil leases. I 
think that statement is entirely wrong. Those two questions is all 
I care for. 

TESTIMONY OF BILLY GARFIELD— Recalled. 

(Jerry Meeker sworn as interpreter.) 
By Senator Townsend : 

I will ask him this question. If I understand Mr. Bishop correctly, 
Garfield has not told just what he wanted to tell about the leasing of 
lands to both Adams and Lane. I will ask you this question : Did you 
say that Mr. Adams obtained a lease from Wakatup with the under- 
standing that he was giving him a contract for the sale of his lands? 

Inter|)reter Meekeu. Why. this Indian — whoever he is — Wakatup 
told him this, that at the time he was making arrangements with 
Adams, he understood at the time that he was selling this land and 
not leasing, and after he had signed, then he learned that he had 
leased this land. 

Senator Townsend. Well, that is what he testified before; there 
is no change in that; he told us that before. 

Representative Carter. What is there wrong about that ? 



320 CUSHMAN SCHOOL, WASHINGTON. 

Senator Townsend. I will ask you this question : Did Wakatup — 
you can answer this " j^es " or " no " — did Wakatup lease his land or 
is his land leased to Lane? Is Wakatup 's oil land leased to Lane? 

A. Well, I just got mixed up. I told you that before. 

Q. Well, will you tell me now? Answer my question. — A. I told 
you when I heard H. H. Johnson right here; he has got the lease 
showing that Wakatup was leasing land to Lane. 

Q. Is that all you know about that — what Johnson said? — A. That 
is all I Imow. Wakatup told me he put that land up for sale, and not 
for oil lease. 

Q. Put it up for somebody to sell? — A. That is the way he told 
me. Put it up to sell. 

Q. He gave it to Adams?— A. Maybe Adams or Lane. I don't 
know which one it was, and Sammy Hoh say the same thing to 
me 

Mr. Bishop (interposing). This is in regards to an affidavit, you 
see. You will understand that Mr. Adams took the affidavit, that 
this did happen. Now ask him in Shinook (if you want to) if 
Adams is the party that took the contract ; if Adams is the party, or 
Johnson is the party that took tlie contract to sell the land and 
turned him the lease instead of the land — gave him a lease. 

Senator Townsend. I don't suppose you know anything about it 
except what Wakatup has told you ? 

A. Yes ; I heard him say, and Sammy say, the same thing. 

Q. What did you liear Wakatup say? — A. That he put it up for 
sale and not for oil lease. 

Q. Did he put it up for sale in Johnson's hands? — A. I don't 
know whether Johnson or Adams or Lane. Sammy say the same 
thing. I don't know which one. 

Senator Townsend. That is all right. I think we understand, Mr. 
Bishop, what he means. It is all hearsay, anyway, what he has got. 

(Witness excused.) 

STATEMENT OF T. G. BISHOP, OF TACOMA, WASH. 

T. G. Bishop, being first duly sworn by the chairman, testified as 
follows : 

Examination by Senator Townsend: 

Q. Where do you live, Mr. Bishop ? — A. Tacoma. 

Q. What is your business ? — A. I am retired at the present time. 

Q. Not any business ? — A. No, sir ; not now. 

Q. Do you represent these Indians? — A. I have in an informal 
way. 

Q. Are you attorney for them? — A. No, sir; I was just asked to 
act for them. This last three years I have been acting for them 
mostly through the brotherhood' and through Frank Law. 

Q. Are you hired by them ? — A. No, sir. 

Q. You don't receive any compensation? — A. No, sir; nothing at 
all. Not a cent. 

Q. Now, you have some papers? — A. Yes, sir. 

Q. You told me about bringing up some?— A. Well, I think I 
have tliem, in regard to Mr. Adams's correvspondence ; it wasn't quite 
clearly understood; I said I was going to get a letter; this is the one. 



CUSHMAN SCHOOL, WASHINGTON. 321 

Q. This is a letter from Mr. Adams or a copy of a letter from Mr. 
Adams to Frank Law; who is Frank Law, Mr. Bishop?— A. He is 
secretary for the brotherhood over there, and he is a brother. 

Q. Is he an Indian? — A. Yes, sir; half blood; member of the 
Quinaielt Tribe. 

Q. Is this the letter to which you referred last evening when we 
had our informal talk? — A. Yes, sir; one of those letters. 

Q. In which you explained Adams was going- to do something for 
him? — A. Yes, sir; but I didn't know but what those affidavits were 
not delivered; we wanted to know, and you said you would send a 
telegram ; I don't know whether he delivered the affidavit or not. 

Q. We haven't heard yet. — A. That is only just informal; that is 
only two of the notes I got for him so as to show they wanted me to 
do their work for them in a formal way. 

Q. Well, now here is a letter to you, Mr. Bishop, dated August 20, 
1913. in which he advises you to notify the Indians out there that 
Walter B. Raymond does not come onto the reservation to obtain 
leases with his consent. — -A. Yes, sir. 

Q. Who is Walter B. Raymond ?— A. I don't know. 

Q. Did such a man come here ? — A. Not to me. 

Q. Well, did Adams ever say to you that he wanted to get these 
leases for himself? — A. No, sir. 

Q. But he states in this letter that he w^ants the Indians to turn 
Raymond down cold when he comes after these leases? — A. Yes, sir; 
I don't understand that part of it. 

Q. You don't know what he means by that? — A. No; I don't. 

Q. Now. Now, are these all the letters you have upon which you 
base your statement that Adams nuide some statement in a letter that 
he would explain things further when he came? — A. Yes, sir; isn't 
that in one of these letters? 

Q. He says he is going to do something in the future for the In- 
dians. — A. Yes, sir. 

Q. There is nothing in there improper that I can see. Who is 
Frank, Frank Law ? — A. Frank Law ; ves, sir. 

Q. Tom? That is you?— A. Yes, sir. 

Q. What meeting does he refer to here in his letter of August 20? — 
A. Oh, with Secretary Lane. 

^ Q. Secretary Lane? — A. That is the meeting he spoke of at that 
time; you see, they wrote and asked me if I would not see that the 
boys got a hearing. 

_Q. Now, Mr. Bishop, is there anything else you want to tell us 
with reference to these matters that have been testified to here or 
other matters that you know about? — A. The boys over there, gen- 
erally speaking, wanted me to see that these boys were properly 
treated — Frank Law and Billy Mason — Chief Mason instructed me 
to be very careful and see that they were all right and properly 
treated, because they were so easily confused. 

Q. By us? — A. Yes, or anyone; of course. Secretary Lane, in the 
first place; I told Frank Law by telephone the other day that this 
committee was coming out, and it was very necessary that they should 
send a committee over, and he said they couldn't do it unless they 
got a few days' notice, because the boys were so scattered around; 
but if they could not get anyone else they would try to get those 
three boys, the same ones, back ; and he says, " Tom, be sure they 



322 CUSHMAN SCHOOL, WASHINGTON. 

don't get confused and get mixed," and I think he said, " All we 
will have to do, the committee will ask us to verify the affidavits 
which we have placed in the hands of Mr. Adams," and I have been 
sort of disappointed that we could not get more, as all I thought was 
needed was in regard to the affidavits that we gave Mr. Adams ; and 
we thought, and I did — they and I ; I get oyer there pretty often— 
that you were in control of them, and it takes so long that it is im- 
possible now for us to do anything, and we are sort of disappointed. 

Q. Mr. Bishop, do you mean to say that there is anything in those 
affidavits tliat you acknowledge and which were given to Adams that 
is wrong now and that you want it changed:* — A. No, sir; there is 
one part, you know, in regard to Billy's affidavit in regard to the 
voting at that meeting. The general feeling of the affidavits given 
at that time was that 15 voted, and the ones that did not vote were 
against it, and they said that is their rule, that is their rules — that 
the ones that don't vote in the affirmative are against it. 

Q. Now, the affidavits were on the supposition that they were not 
given any opportunity to vote on the other side. You are satisfied 
that is wrong, aren't you?— A. Yes, sir; I am satisfied now that the 
boys when they did not vote were against it. 

Q. But they had an opportunity to vote, but did not vote^ — A. 
Yes, sir. 

Q. What else did you want to say that we ought to know? — 
A. Well, I think the boys over there would like for you to get those 
affidavits, if Mr. Adams hasn't delivered them; is there a way you 
can get them? 

Q. Well, I don't know how we could get them. I am sure. Of 
course, if Ave get hold of Adams we could subpcena him and ask him 
to present the papers if he had them ; we have asked for the papers. 
What else is there in those affidavits that is important on this sub- 
ject? — A. About this woman selling this land; you know that is 

Q. Now what does this affidavit say about that? — A. It says that 
about three years ago she got the farmer in charge to write Mr. 
Johnson and ask him if he could sell the land for her, as she was 
now getting old and she was alone: she had lost her husband and 
child, and she had but one piece of property, and that she could sell 
it for $8,000 and not to sell it unless he got $8,000 for it; and fur- 
ther, that in a little less than two years afterwards, after she notified 
Mr. Johnson, Mr. Johnson notified the farmer in charge that lie had 
sold the property, and there was to her credit $3,2r*0, and she was 
entitled to $20 per month, and further that for five months she got 
her $20 a month, and in three months she didn't get any, and that she 
had to go around amongst the neighbors and get something to eat, 
and she needed the $20. and that the next day — she has given an- 
other affidavit — the next day she came back iind told me she got 
her money right awav. 

Q. Who did she say offered her $8,000 for this land?— A. vShe 
said she could get Mr. Smith to take it for $8,000. One thousand 
dollars down and $1,000 a year afterwards. 

Q. That Smith liad offered her that? — A. No; she said she could 
sell it to Mr. Smith for $8,000. 

Q. That she had been offered that? — A. No; she did not say that ; 
she said not to sell it for less than $8,000, as she could get' $8,000 
for it. 



CUSHMAN SCHOOL, WASHINGTON. 323 

Now that was the sum and substance of the affidavit. The affi- 
davit was made out, and I made out so many there — ^there was an 
awful many there — a great pile of them dealing on the irregularities 
of Mr. Johnson; they claimed he Avas neglecting their work, and 
they came right there and kept me right there making out affidavits 
for four days. 

Q. Can you account for Adams withholding those affidavits, Mr. 
Bishop? — A. No; I would like to know if they weie filed, or why 
he didn't do it. 

Q. Well, have you got in touch with him to ask him about \t( — 
A. No; I wrote to him. 

Q. I think that would be a pretty good thing for you to do. — A. 
I ought to Avire him. 

Q. If he is working for your people he ought to present those affi- 
davits; if he presents them we will get them. — A. If he don't present 
them, is there a way you can get them from him ? 

Q. Why. there is no Avay for us to get them: he might say they 
are destroyed or not in his possession any more. — A. Well, if he is 
that kind of a man I want to know it. 

Q. I don't say he would, but he might do it; there is no way for 
use to get those papers unless he can find them; but it seems to us 
the people who are interested in them, who made the affidavits, 
should demand them; certainly they can get them if Adams is Avork- 
ing for their interest. — A. The boys oA^er there, according to the 
Avork I did there for them, Avant the removal of Mr. Johnson. 

Q. Where is that >* — A. At Quinaielt; they want the Quinaielt 
agency taken aAvay from Mr. Johnson, have it separated. 

Q. You mean the town of Taholah ? — A. Yes, sir; the Quinaielt 
boys; there is some not living in Taholah. digging clams in the clam 
season just on their reservation, you understand, and the way they 
Avant — they would be satisfied if they Avould remove him and leave 
it to Mr. Roscovius or to anybody ; they don't say Avho it is to be ; they 
are not at all satisfied Avith ]Mr. Johnson. 

Representative Cartek. This town of Taliolah is an Indian village, 
is it? 

A. Yes, sir. 

Q. Nobody but Indians live there? — A. Yes. sir; there is quite a 
fcAv; there is an agency and there is a minister — Mr. Roscovius can 
tell you better. 

Q. You haA-e been there? — A. Yes. sir; quite often. 

Q. I mean there is no Avhite settlement there? — A. No, sir; they 
haA'e tAvo stores, trading posts. 

Q. Where Avere you when you took these affidavits? — A. At Chief 
Mason's house. 

Q. At Taholah?— A. Yes, sir. 

Q. Did you go over there for the purpose of making them, from 
here? — A. They Avanted me to come over to do it and I told them I 
Avould the first chance I got. 

Q. The Indians Avanted you to come over? — A. Yes, sir. 

Q. Which ones Avas it? — A. Frank LaAv and Billy Mason; Billy 
]\Iason comes over pretty often. 

Q. He is mixed blood, isn't he? — A. No, sir; Mason is chief. 

Q. Law is? — A. Yes, sir. 



324 CUSHMAN SCHOOL, WASHINGTON. 

Q. How did they let you know they wanted you to come?— A. 
Billy Mason came over. 

Q. Came over to see you ? — A. Yes, sir. 
Q. How did you go?— A. By train. 
Q. Train goes over there does it ?— A. Yes, sir. 
Q. Train goes through the reservation ?— A. Up to the reserva- 
tion. 

Q. How far is it?— A. It is about 130 miles by tram and about 
140 miles to the reservation. 

Q. How do you go from the train to the reservation? — A. Mail 
wagon about two times a week. 

Q. What is the railroad fare up there?— A. $4.95. 
Q. What is the fare on the mail train ?— A. $1 each way. 
Q. That is about $7 each way ?— A. Yes, sir. 
Q. Six ninety-five?— A. Yes, sir. 
Q. Who paid your expenses?— A. I paid my own. 
Q. You were not reimbursed your expenses in any way? — A. No, 
sir; I went over at the same time Mr. Adams did; he wanted some 
notary work done; he gave me $25 for the work I done for him; I 
acknowledged the leases and the certificate of his responsibility, 
whatever that is — competency. 

Q. That is, Adams's certificate of competency? — A. Yes, sir; he 
certified he was responsible for $38,500. 

Q. And Mr. Adams paid you $25 for making that trip?— A. Yes, 
sir. 

Q. But did not pay your expenses ?— A. No, sir ; I paid my own. 
Q. So your expense on that trip really came from Mr. Adams? 
You used'part of that $25 ?— A. Yes, sir ; I very often go over there- 
come over there very often. 

Q. Do the Indians ever pay you for your services?— A. Not a 
penny ; I have to see them home most of the time. 

Q. You said you had retired; weren't in business; what business 
were you in ? — A. I was stevedore foreman and was very near killed 
four years ago. I run a little cigar store after that; got a notary 
public commission to help me. 

Q. Do you run that now ?— A. No, sir ; I do notary work. 
Q. You do notary work?— A. I get about $30 or $40 a month in 
the old town. 

Q. You have an office over there?— A. No, sir; just my house, but 
they know me so well — I have been there for 26 years— they call 
on me. 

Q. Did Mr. Adams tell you what he was going to do when you 
went over with him that time — what he wanted you to do ?— A. No ; 
he said, " If you are a notary, Tom, I want you to come along and I 
will pay you for the work you do for me." 

Q. How many leases did he take?— A. I thought there were 34, 
but I guess there were 32, I noticed this morning. 

Q. How many affidavits were there taken?— A. Oh, I don't know. 
I should judge 12 or 15 — 20, probably. 

Q. Did you represent Mr. Adams over there? — A. No, sir. 
Q. I notice what purports to be an interview from you in the 
Ledger. — A. Yes. 

Q. Stating that you were the representative of Mr. Adams. — 
A. They got that m'ixed. These reporters get a good deal wrong. 



CUSHMAN SCHOOL, WASHINGTON. 325 

Q. You are not the representative of Mr. Adams?— A. No, sir; 
not in any manner at all. He has never paid me a cent ; did not pay 
me a cent ; only that $25 for notary work. 

Q. He gave you no interest in the oil leases? — A. No, sir; nothing 
at all. 

Q. All you have obtained from him is $25, and that is all you ex- 
pect ? — A. Yes, sir ; of course, if he wants me to go over again 

Q. I mean that is all you expect to draw for what you have already 
done? — A. Yes, sir. 

Q. How long have you lived in Tacoma,Mr. Bishop?— A. Twenty- 
six years. 

Q. Where did you come from to Tacoma? — A. Jefferson County. 

Q. Oh, way over on the other side? — A. No, sir; just down the 
Sound. I never was away from Puget Sound ; I am 54 years of age. 

Q. Jefferson is across 'the Sound?— A. No, sir; just down the 
Sound. 

Q. What tribe do you belong to? — A. My mother was a Snoho- 
mish. 

Q. They lived right in there? — A. No, sir; they were across the 
Sound. 

Q,. They were ? — ^A. You see, my uncle was a scout. 

Q. How long have you been connected and acquainted with the 
Quinaielt Indians? — A. Three years. 

Q. Three years? — A. Yes, sir. 

Q. And you have been transacting this kind of business for 
them? — A. Yes, sir. 

Q. During that time? — A. Yes, sir. 

Q. Have you anything else you wish to say about Mr. Johnson 
and why he should not continue as superintendent? — A. The senti- 
ment of the boys is — I only wish I could get you over there — is that 
they don't want him there at all ; they don't want to sell their lands, 
lease their lands, or anything else through him, because they con- 
sider that he is not honest. 

Q. Have they any evidence of it, Mr. Bishop?— A. Only what 
they think, you" know, in regard to these transactions that has been — 
like this woman, and they said there is others; now, I didn't take no 
other affidavits only just this one woman's and this here leasing of 
the oil lands that was irregular; that is the kind of work he does. 

Q. Well, I think they misunderstood that oil land leasing proposi- 
tion ; at least there must have been some misunderstanding about it, 
because they first seemed to have stated that he did not put the nega- 
tive of the proposition at all. Now, when put under oath again they 
say he did put the negative but nobody voted. — A. It is so badly 
mixed there is no use of my saying anything about it. 

Q. It is so badly mixed that a man can not make out a case against 
Mr. Johnson, it seems to me.— A. If we could only get those affi- 
davits, we could show you— Mr. Garfield and Joe Capoman did not 
give any affidavit; Harry Skald and them won't put a pen to any- 
thing, you see, as they are afraid; but they don't want to give leases 
to no one; they don't "want to give tribal leases because some one will 
get the benefit of it. 

Q.. Do you know the governor of this State? — A. Yes, sir. 
Q. Is he a pretty good man? — A. Yes, sir. 

35601— PT 3—14 8 



326 CUSHMAN SCHOOL, WASHINGTON. 

Q. Good, straightforward fellow? — A. Yes, sir. 

Q. Truthful ? — A. Yes, sir. He has that name. 

Q. You Avould take his word under oath about matters usually, 
wouldn't you ? — A. Yes, sir. 

Q. Do you know Mr. Scofield ? — A. Yes, sir. 

Q. Is he a truthful man?^ — A. He is a successful business man. 

Q. Well, is he truthful? — A. I would not want to say that; I could 
not say; I haven't had business enough with him. 

Q,. You don't know, of course, that he is untruthful? — A. No, sir; 
he is a true business man. 

Q. I notice here in this copy of this letter to Frank Law from Mr. 
Adams which he inclosed to you as he sa^^s to keep from making the 
same statement twice? — A. Yes, sir. 

Q. This statement: " It is a hard and difficult fight, much more so 
than you imagine, and much harder than I like to tell you, but never- 
theless w^e will accomplish our purpose." What did he mean by 
" acccomplishing our purpose " ? — A. We inferred the affidavit in re- 
gard to the removal of Mr. Johnson; that is our fight over there. 

Q. That is what he meant? — ^A. That is what we inferred. 

Q. A removal of Johnson in the end? — -A. Yes, sir. 

Q. Now, he says here in his letter to you : " I believe I can do much 
good next week in Washington " ; that was on November 2. — A. That 
was in regard to the completion of our fight against Mr. Johnson. 

Q. Then Mr. Adams is helping you to get Mr. Johnson removed ? — 
A. We asked him to do it; that is, the Quinaielts, you know. 

Q. You are assisting the Q.uiniaelts? — A. Yes, sir, 

Q. That is what he had reference to ? — A. Yes, sir. 

(Witness excused.) 

STATEMENT OF JOHN PEICHEL. 

John Peiche], being first duly sworn by tlie chairman, testified as 
follows : 

By the Chairman: 

Q. Proceed to make your statement. — A. I came to make a state- 
ment in behalf of the Cowlitz River Indians. They have for years 
been trying to get a settlement or an allotment of some kind for their 
homes. You see, they have been driven off their lands — of course, it 
is a long time ago — early in the fifties ; I think, not being acquainted 
with the white man's laws and being easy-going people, anyway, they 
allowed themselves to be driven off and shifted around, as an Indian 
naturally would that had no education. 

Finally, when they did realize what was going on, they found their 
land had gone and could not take any more; it was taken by the 
whites, and they have for years been trying to get some kind of a 
settlement. 

The last time they heard from Washington they were to get an 
allotment on the Quinaielt Reservation, and the Quinaielt Indians 
are opposed to having any more tribes put on that reservation, and 
the Cowlitz Indians are not particular about going over there, be- 
cause the Cowlitz Tribe is afraid of the Quinaielt Tribe ; the Quinaielt, 
as I understand, has been a fighting tribe of Indians, and whenever 



CUSHMAK SCHOOL. WASHINGTON, 327 

they would get any of those Cowlitz Indians they kept them over 
there as ea])tives, and there has been fighting going on over there a 
long time. 

Q. How many are there of tliese Cowlitz?— A. Breeds and all 1 
should judge there is about 400. Last fall they had a meeting; that 
is when Congressman AVarburton was here, and they made out a bill 
and Congressman Warburton was to present that before Congress, 
and they was asking $6,000 apiece cash, you see, and buy their homes 
or whatever they wanted to, and Mr. Warburton promised faithfully 
to do that, but^vhen he got to AA^ashington Secretary Lane wrote 
back to us that he never opened his head about the cash proposition; 
but Mr. Jolmson sent a bill of his own asking for land on the Quin- 
aielt, and, of course, Congress granted that bill; but the Cowlitz 
was allotted on the Quinaielt. Avhich they absolutely refused. 

Q. In what capacity do you appear here? As an attorney?— A. 
Xo; I intermarried into the tribe. 

Q. You are in that way a member of the Cowlitz Tribe ? — A. There 
is not, I believe, more than two or three of the tribe know I am here. 
Q. You volunteered to come and present the matter? — A. Yes, 
sir. 

Q, On what theory do thev ask a cash payment of $6,000 each; 
how do they figure they are entitled to that?— A. AA^ell, they claim 
the lands taken from them is worth millions of dollars now, and they 
ought to have some kind of recompense for their lands. 

Q. I know ; all the lands in this country once belonged in that same 
way to the Indians, and it is now worth millions of dollars, and no- 
body proposed to recompense the Indians in that way. Is that the 
sole theory upon which this cash payment of $6,000 would be based?— 
A. Thev "are satisfied if they could get a piece of agricultural land, 
because" the majority of them is drifting here and there; there is some 
of them has got homes, those that got education in time; but the 
majority are shifting around. 

Q. Do you knovv- what treaty provisions exist in relaticm to these 
particular Indians? — A. Xo: 1 don't. 

Q. Have you any information about what settlement, if any, was 
ever made "with them bv the Government? — A. The only thing I 
have heard mv mother-in-law say at the time of the Indian wars 
there was a treaty made; she called it a paper; there was a paper 
signed by — an Indian was supposed to be sent to AA^ashington with a 
paper and got lost, but then Avliether there is anything to that I don't 
know. 

Mr. Archer. I think I can enlighten you on that; the Government 
never had a treaty with the Cowlitz Indians; they occupy a large 
territory from the county of Skamania almost to the county of 
Lewis. They were gi-adually shifted from one part of the State as it 
settled up to the other; they were a roaming band; finally they later 
asked the Government to give them some benefit and the Government 
offered them allotments on the Chehalis reservation; the allotnients 
I think was 40 acres each and they turned that down; that is the 
status of the Cowlitz Indians to-day. 

Kepresentative Carter. Is the Chehalis an irrigated reservation? 
A. No. sir: there is no irrigation west of the Cascade Mountains. 



328 CUSHMAN SCHOOL, WASHINGTON. 

Representative Carter. The Chehalis is west of the Cascade Moun- 
tains ? 

A. Yes, sir. 

The Chairman. There has never been any allowance right to 
that tribe? 

A. No, sir; they have never had any allowance; the question had 
been hanging before the department for five years as to whether those 
people should be allotted lands on the Quinaielt Reservation and we 
couldn't get the department to do a solitary thing with it; I was 
down in Washington last winter and I was down there for six weeks ; 
I was working on that proposition and the Republican administra- 
tion went out on the 4th day of March and that matter was before 
the department; on the 5th day of March Secretary Lane decided — 
the Secretary of the Interior — the day after he came in, that those 
Indians could be allotted lands on the Quinaielt Reservation ; that is 
the status of it ; if they want lands on the Quinaielt Reservation they 
can have them, but the Quinaielts object strongly to these people 
going in there. 

Representative Carter. How many are there? 

A. About 450. 

The Chairman. That does throw considerable light on it. Mucli 
obliged to you. 

Mr. Archer. Those people should be accorded some benefit, but 
the question of $6,000 apiece is out of the question. 

Mr. Peichel. The last bill they have, they want 3,000 for adults 
and 2,500 for the minors; what I mean for you, gentlemen, to do is 
to say that there should be some settlement of some kind for them. 

Senator Townsend. Where is there land that you think your peo- 
ple would go to? 

A. There is 24,000 acres to be opened up by the Government in 
Lewis County, I see in to-day's papers, and the whites have home- 
steads and I honestly believe the Indians would go in there and taKe 
that if they had a chance, but, of course, they don't like to go — one 
here and one there ; they would like to go in a bunch if they go. 

The Chairman. Are they men who would till the soil if thev 
had it? 

A. The majority of them would. 

Q. How do they live now? — A. Some of them work in logging 
camps a few days and a few days in the mill, and if there is a 
scarcity of labor they can get work, but if the labor is plentiful 
nobody wants the damned Indian. 

(Witness excused.) 

STATEMENT OF HENRY SICADE, TACOMA, WASH. 

Henry Sicade, being duly sworn by the chairman, testified as 
follows : 

By the Chairman : 

Q. You are a full-blood Indian? — A. Yes, sir. 

Q. Of what tribe, Mr. Sicade? — A. Puyallup Nisqualli. 

Q. Where were you educated? — A. I got my start here at Cush- 
man School and I went to Forest Grove, it is known as Chemawah 
School now, and then I went among the whites from that time on. 



CUSHMAN SCHOOL. WASHINGTON. 329 

Q. How long have 3-011 lived in the neighborhood of Tacoma?— 
A. With the exception that I was away for three or four years, all 
the time; I am going on 46 now. 

Q. Lived here all your life? — A. Yes, sir. 

Q. Are yon interested in the Cushman School; that is, do you 
take an interest in it? — A. Yes. sir; being an old student, you know, 
former student. 

Q. you delivered the commencement address there last year, didn't 
you? — A. Yes, sir; a year ago last June. 

Q. When were you last a student in Cushman School? — A. 1880. 

Q. What was the number of pupils in attendance then? The 
average number. — A. About 30 or 40. 

Q. Who was the superintendent or principal of the school? — A. 
Eev. M. E. Mann. 

Q. Have you kept pretty closely in touch with the Cushman School 
during the period that succeeded your retirement from it?— A. Yes, 
sir; Ihave always taken an interest in the school. 

Q. What is about the number of pupils that attend it now?— A. 
At the present date ? 

Q. Yes. — A. Somewheres about three hundred and forty or fifty; 
somewheres about that neighborhood. 

Q. What is vour estimation of the usefidness of the school and the 
jvork that is being done to it and in it ?— A. AYell, sir, I am heartily in 
favor of the svstem they are now following. 

Q. That is 'the system of vocational training?— A. Yes, sir; if 
you will excuse me, we Indians thought in the early days when the 
treaty was made, the old Indians asked the Government to set aside 
in the neighborhood of 600 acres for the benefit of the school, taking 
into consideration the education of the coming Indians; they went 
without the rations, the blankets, and plow and such things the 
Government agreed to give them and made that one point that they 
wanted a school in preference to taking those things, and ever since 
then our Indians have taken an interest in that school, and when 
the school ran down to such a low point we threatened to bring suit 
against the Government to take that in the neighborhood of 600 
acres away from them, and we threatened to take that away from 
ihem unless they brought it up to the stage it should be. 

Q. Are you pleased with the progress the school is making? — A. 
I can not'^say I am against it; I like it; whatever they have done 
lias been for the good of the Indians. 

Q. What I wanted to loiow is how to regard the present manage- 
ment of the school?— A. Well, sir, comparing it with what we have 
had the last 15 years, I think he is the best man we have had since. 

Q. Do you know any facts or circumstances of its specific char- 
acter that would tend to render him unfit for the head of a school 
like that? Have you heard anything of that sort?— A. No, sir; not 
among us here ; we have kept very friendly relations with the super- 
intendent and other employees. *We have had some dealings with 
the superintendent in a specific way and we have always got along; 
that is, some troubles we have had we have gone to him and asked 
him to help us out ; he always is willing to work for us, and in that 
way we have felt pretty well toward him, although we are not tak- 
ing his part; we are not hollering for him or anybody else, because 
the last 10 or 12 vears we have been citizens. 



330 CUSHMAN SCHOOL. WASHINGTON. 

Q. The Puyallups are one tribe that are lunv independent of any 
Government relationship, aren't they^ — A, Yes, .sir; we are tax- 
payers now. 

Q. They don't supervise you and you help support the Govern- 
ment? — A. Yes, sir. 

Q. Are you pretty familiar with the condition of the Indians in 
this locality ''. I mean in this part of the vState. now \ — ^A. Yes, sir : 
I believe I am. 

Q. Do you eA-er go on the Quinaielt Reservation? — A. Yes, sir. 

Q. Do you knoAv their conditions there? — -A. Well, in a general 
way ; yes. 

Q. Are they improving any? — A. Well, sir. they are better than 
what they have been. 

Q. Now, I wish you would tell me what improvements you have 
noticed among these Indians. — A. In the last 10 or 15 years — I first 
knew of them, that is, as a tribe coming out here to pick hops, and 
in their habits they were like all these fish eaters : were dirty, care- 
less, simply dressed, and lived in wigwams; that is, kind of put up 
in a hurried way. I was over there last month and went from one 
end of the reservation to the other : I was only on a kind of fishing 
trip, and I noticed the difference in their houses; the people are 
living better; they are cleaner; they are living like white people 
in a good many ways. 

Q. How do they support themselves? — A. Mostly by fishing. 

Q. Fishing, we learn, is quite a profitable business among them? — 
A. It is a big business ; yes. 

Q. Very few of the Indians on the Quinaielt Reservation are en- 
gaged in farming or in kindred industries ? — A. You mean farming ? 

Q. Yes. — A. No ; I don't call them farmers at all ; they raise little 
garden patches here and there. 

Q. What have you to say about the general health of the Indians 
on that reservation and in this locality as compared with what it 
was some years ago ? — A. Oh, it is much better. 

Q. What do you think that is due to, Mr. Sicade? — A. It is due, 
of course, largely to we learning your ways of sanitation and clean- 
liness. Our way of living is different to what it was 10 or 20 years 
ago. 

Q. Is there much trachoma among the Indians in this country? — 
A. No, sir. 

Q. Much tuberculosis? — A. Not any more than the average. 

Q. You think about the same tuberculosis among these Indians 
and among the white people? — A. Just about the same proportion. 
A while ago, say 15 or 20 j'^ears ago. we were stricken with that pretty 
hard but we have gotten over that stage. Then you know we didn't 
know how to take care of ourselves. Now, just to illustrate, in my 
family there were eight children and when we came in contact with 
the whites, we got simple diseases like mumps, and itch, and a lot 
of these little things that we didn't know how to combat and to fight 
them, and amongst the Indians. Our rule was, if you are not feeling 
well, take a cold bath; now, that was very fatal to us. Out of my 
family there were eight children to die but me; that was just on ac- 
count of those simple diseases ; on account of we did not know how to 
fight them, or ward them off. 



CUSHMAN SCHOOL, WASHINGTON. 331 

Now, you Avill hear a lot of people talking about bad whiskj^ 
killing us; that has some truth to it, to some extent, but it was these 
simple diseases that killed us. 

Now the present generation know how to take care of themselves; 
I have got seven children; I have never had a serious sickness in my 
family; I try to live like the whites — ventilation, live simple and 
cleanlv, and we are getting along. 

Q. That is undoubtedly the solution of the most of the troubles 
that atfect the Indians now with regard to his health all over the 
country? — A. Yes, sir. 

Q. There is no question about that. There has been some sug- 
gestion that a tuberculosis sanitorium for the benefit of Indians gen- 
erally throughout the country should be created, say in New Mexico, 
the climate there being regarded as particularly beneficial to the 
trouble. We have found a great many Indians among the people 
who are afflicted, especially afflicted with tuberculosis, who think 
that would not be a good plan because the Indians would not send 
their children or permit them to be sent a long distance from horne 
for treatment. Another plan has been suggested, or rather a plan in 
conjunction with that, namely, that camp hospitals, that is more or 
less temporary establishments be made on the various reservations 
for the treatment of the Indians who might avail themselves or who 
were unfortunate enough to be afflicted with that trouble, and thus 
attempt to eradicate it by taking the patients who are tuberculous 
out of the homes and putting them in the hospital, and thus pre- 
venting the spread of it to the other members of the family. We 
have found, and it is undoubtedly true, that among some tribes there 
is a great deal of tuberculosis and trachoma. In one, for instance, 
the evidence shows that 70 per cent approximately of all the Indians 
of the tribe have trachoma and quite a large percentage, though 
much less than that of course, have tuberculosis. In Washington, 
and especially in this part of the State, those conditions do not exist. 
We are glad to note your statement in that particular, which seems 
to be confirmed by all of the facts. 

On the Colville Reservation, however, or at least a considerable 
portion of it, trachoma is very common, and the physician estimates 
that 60 per cent of the Indians under his charge, within his jurisdic- 
tion, have trachoma, and about 25 per cent have tuberculosis. 

Now, as a man who is prominent among his own people, and who 
has had experience that you have and who has knowledge which 
you possess, we would be glad if you would volunteer a few sugges- 
tions that occur to you along that line? What do you think about 
the establishment of hospitals for the treatment of it? — A. Why, I 
have never given that any thought, but I have an only cousin, a 
woman, who is afflicted with tuberculosis, and she was a woman of 
means and lots of property, so finally one of the best doctors here in 
Tacoma said if you will go east of the mountains anywhere, where 
it was dry, you would be all right, so she moved into the Yakima 
country, bought some property in there in the reservation, right near 
Toppenish. Well, sir, gentlemen, that woman is just as well to-day 
as she ever was. The change from this climate is what did the 
good. Now, why not, if you are to establish anything, say, for ns, 
particularly here in the Northwest, why not have it over east of the 
mountains somewhere in that locality. 



332 CUSHMAN SCHOOL, WASHINGTON. 

Q. Yet, singularly, there is more tuberculosis there among- the 
Indians than there is here, but that is probably due to the difference 
in the manner of living among them, the sanitary habits? — -A. Yes; 
I know; about half of the people over there, they are pretty careless; 
I know them pretty well ; I have been over that country a good many 
times. 

Q. You think there might be some good accomplished by that'^ — 
A. Oh, I am pretty near sure it will do a lot of good. Now, take 
about half of the people, the Yakima Indians, I know ; I am pretty 
well acquainted over there; my father in the early days, his fore- 
fathers, came from there in the early days. I go there once in a 
while; I have relatives over there; the way they live, their habits; 
they haven't got over that stage where they can be free from that 
disease. 

Q. You suggested to me this morning, I think, that you had some 
matter that you wanted to present to the commission about the 
Puyallup Indians? — A. Yes, sir. 

Q. I wish you would present it now. — A. I will have to go back 
and give you a little history of our troubles. 

In time Congress passed an act dividing our Indian land here 
called the Puyallup Reservation into allotments, and the Indians 
then suggested that they would put aside about 600 acres for the 
benefit of the school, for the children. 

That was set aside, and later Congress passed an act dividing that 
school farm into town lots; the city was encroaching on that land, 
so the property was sold, with the exception of 25.63 acres, which 
was set aside and known as the Puyallup Cemetery tract. That was 
the Indians' graveyard. 

When these lots belonging to the school farm were sold, the Indian 
commission, composed of three men, of which J. G. Anderson was 
one, in some way, through some mistake, got 6.2 acres of this ceme- 
tery plat, had it platted out, and some was sold before the Indians 
found out, so we had a meeting and it was agreed among the com- 
missioners and the Indians that the proceeds of the sales of those lots 
should be turned over for the benefit of the cemetery for improve- 
ments, and for the upkeep, beautifying it. 

The Indians were very much worked up over that affair, and 
when we told them that it looked like the Government would help 
us out to beautify our cemetery the matter was dropped. The 
property was sold, and we never got a thing. 

_ That left us 19.43 acres for the cemetery. Prior to this divi- 
sionof the property the Presbyterian Board of Home Missions sent 
a missionary out among us, and through the missionary's effort he 
raised some money to build a church, and we Indians put up half 
of what the church cost, and I think it was Maj. Eels was then 
agent, allowed us to put the building on part of the school farm, 
so it stood there for several years, and in the meantime the Northern 
Pacific built this road up the valley then, and the church was very 
close to the track, and the Indians concluded that the church, to save 
it from burning from sparks, should be moved farther back, and Mr. 
Eels suggested that we should put the church up alongside the 
buildings, alongside the graves. It was vacant then — a little vacant 
space there — and we all agreed to it. We agreed the church should 
be on the graveyard property. 



CUSHMAN SCHOOL, WASHINGTON. 333 

So in the ineantime the minister came to me — the missionary — 
and asked me if I can not go his bond to raise a little money to put 
up a little parsonage. He had a large family; his salary was very 
small; and by hard work he managed to send his children to school; 
and by having a parsonage on the churchyard it would save him 
paying rent in town, so we concluded to give him a site alongside 
of the church. 

After lie got this foothold he contrived some way during the 
night and fenced in pretty near 2 acres, and in this tract that was 
fenced wei-e quite a number of graves. 

Well, we had a fuss over it. and we finally agreed to let him stay 
there, providing he did not claim the land." Later he claimed that 
a good many of our prominent Indians signed a certain paper ask- 
ing the United States Government to deed the church that particu- 
lar land, and in return for the help of the church the church w^as to 
work hard and get deeds for the Indians for their allotments. 

Now, this paper was filed in Washington. Many of the names 
mentioned in this paper — there was several that we"^ never knew or 
heard of. That oldish man with me to-day was an elder of the 
church, and he swears to this day that he never put his name, never 
put him thumb mark or pen mark on that paper. His name is on 
that paper. I went over to another elder and asked him if he 
signed that paper. "No. sir," he says: ''I never signed any such 
paper." Xow. the president of the church has taken that paper as 
a basis to fight for that piece of land. So when Commissioner Leupp 
was commissioner he came West, and we met him. I happened to 
be one of the trustees of seven Indians that was appointed or elected 
to act and transact business for the Puyallup Tribe, and we trustees 
met Commissioner Leupp and told him our troubles and asked him 
if he could possibly get it through Congress to set that cemetery 
aside forever, so there would be no dispute and no trouble hereafter. 
The law of 1907 w^as passed giving the Secretary of the Interior a 
right to sell, with our consent, mind you, any portion that we might 
see fit to beautify and fix up the rest of the cemetery. We liked 
that. We wanted that: and heretofore the Government has always 
dealt with us in making lands, selling any lands. We always had 
to consent for the reservation — school land, as we called it — and 
Avhen part was sold for railroad right of ways we had to O. K. it 
before the Government would give the deed, and we have always 
claimed that we had a specific right to these tracts, and they must 
get our specific consent. 

In 1909 there was an act passed, special legislation, giving to these 
various churches any lands they had made a squatting on the right 
to own it and claim it, and we were notified in the meantime that that 
particular tract that this minister had corraled at night, f^^nced up 
at night, was to be deeded over to the church, and we had a meeting 
concerning it ; so they appointed me to take up this matter with the 
various officials that we might come in contact with. I took it up 
with Mr. Johnson; he wrote to the department several times. 

I took it up with Col. or Capt. Biggy, and he took it up with 
Secretary Lane, but it seems with all our efforts that this law is going 
to stick, so the last word we have heard from the department is that 
they are going to deed that propertj'^ to the church. Now, that was 
done over our heads without our consent, and that particular tract — 



334 CUSHMAN SCHOOL, WASHINGTON. 

there is several graves. A\^e know there is graves there, and that is 
the part we don't like. The church has practically come to its end; 
that is, that particular church ; it has outlived its usefulness. No- 
body attends that church any more except the children, the school 
children occasionally ; out where we live we have churches. We go to 
these churches and not to this church. Now, they are about to close 
up and probably leave us. Some way they got the influence and 
fjower to pass that law, and we are trying our hardest to head them oft'. 

Q. lias the law been passed granting to that church the 2 acres 
you refer to? — A. An acre and forty-three hundredths; yes. On the 
condition that they pay the street assessment abutting that property. 

Q. And what is it you would like to have done about that? — A. 
Why, we would like to still own that land. We don't want them to 
get that land away over our heads. We never consented to it; we 
have never 'objected to the church holding that place, as we agreed 
in the first place as long as they want to use it let them stay there, 
let them use it. Now, instead of them going away peaceably and 
quietly when their work is done, now they are going to take the land 
away from us, where our graves are. 

Q. Who is the pastor of that church, what preacher? — X. Rev. 
D. D. Allen. 

Q. Was he the man that fenced it up ? — A. No ; it was another one 
before him; this man has fenced some more, so maybe we will have 
more trouble ; he is raising some ducks on some of that land ; I tore 
it down myself, and when I went back two or three weeks later I saw 
be had a little fence with his ducks there. 

Q. What disposition do they propose to make of the land now, the 
church? — A. I don't know; we could only take it for granted that 
they were going to sell it ; it is getting quite valuable. 

Q. Do you know whether a deed has been made to the church for 
that land or not? — A. No ; but we got a letter from Mr. Johnson from 
the Commissioner of Indian Affairs saying — that is, the old Com- 
missioner of Indian Affairs, not this one now — saying that just as 
soon as the church is able to put up the money for the pavement 
abutting that property they were going to make the deed over to 
them. 

Q. The Government was? — A. Yes; but since the change has been 
made, you know, it kind of upset these plans. 

Q. Is there anything else you want to state or you think you should 
state in connection with that or any other subject? — A. No; not that 
I know of; I had three men with me this morning, you know, but 
they had to go home. 

Q. Well, they would support your statement? — A. Yes, sir; we are 
all three trustees of the tribe; there are seven trustees; we are a ma- 
jority; we are all working for that point; the Indians as a unit are 
against that proposition of deeding that land away. 

Senator Townsend. Now, you gave the permission in the first place 
for this missionary to put up this little parsonage home there? 

A. Yes, sir. 

Q. And that was when he was preaching to the Indians, was it? — 
A. Yes, sir, 

Q. Now, there is no pretext, as I understand you, that this church 
is any longer used or to be used for the benefit of the Indians? — A. 



CUSHMAN SCHOOL, WASHINGTON. 335 

Q. Did you understand that that act was passed granting them the 
right to own the property Avhere the churches had been occupied 
regardless of whether they were serving the Indians yet or not? — 
A. No: I understand they were going to get any tracts they are on 
now. all over the United States. 

Q. And you say this church now is attended only by the children 
up there? — A. Occasionally: yes. sir. 

Q. Now, are you pretty well acquainted with Johnson? — A. Yes, 
sir; fairly well acquainted Avith him. 

Q. And you are pretty atcU acquainted with the children? — A. 
Yes. sir; in a general way. 

Q. Had you ever heard any rumors anywhere that he vras treating 
his children improperly? — A. No. sir. 

Q. The girls improperly ? — A. No, sir. 

Q. What do you think, whether you would be liable to hear that? — • 
A. Oh, I am liable to pick up if there was anything like that, because, 
just as I say, we have no particular interest with the management of 
the school ; we are citizens now, you know. 

Q. What is your business? — A. Well. I have been a farmer, but I 
kind of retired lately. 

Q. Do you advise with the Indians here a good deal? — A. You 
mean the Puyallup Indians ? 

Q. Yes. — A. Yes, sir. 

Q. The}' come and talk with you? — A. Yes; they generally come 
when there is anything doing. 

STATEMENT OF MISS . A PUPIL AT CUSHMAN INDIAN 

SCHOOL. TACOMA, WASH. 

Miss . first l>eii)g duly sworn by the chairman, testified as 

follows: 

I am a pupil at Ciishman Indian School, and have been since July, 

1910. I knew : Ave were good friends. I saw Mr. 

H. H. Johnson, superinteudent of the Cushman School, a short time 
before the close of the school Inst term, in the kitchen, the big kitchen, 

and he had his arm around ; she Avas crying at the 

time. They were there about a half an hour. Once when I Avas 
down in the basement at the girls' dormitory building, about tAvo 
years ago, during the second vacation, Supt, H. H. Johnson was 
there also, and jNIiss I>ambei"t. the matron, had just gone out, and 
Supt. Johnson embraced me and kissed me twice. I Avas embarrassed 
nnd did not like it at all. and I repulsed him. He said he Avas sorry 
T could not go home, but I did not think he felt that way or meant 

it that Avay. . another pupil at Cushman School, told 

me and other girls that Supt. H. H. Johnson did not treat her prop- 
erly. She said he had kissed her when she was having her eyes 
treated and when they Avere bandaged. She told me he had kissed 
her about three times, and that she was helpless. He used to carry 
her out and put her in that automobile and bring her doAvn town 

to have her eyes treated. Another Indian girl, named — ■• 

Avho used to attend Cushman School, told me that Supt. John.son had 
hugged and kissed lier. 

The Chairman. In Avhat estimation is Mr. Johnson held by the 
young ladies in the school ; do they respect or disrespect him for his 
manner toward them ? 



336 CUSHMAN SCHOOL^ WASHINGTON. 

Miss . They have no respect for him ; many do not like him. 

The Chairman. Is that the reason? 

Miss . Yes. When Mr. Johnson mistreated me I did not 

tell Miss Lambert because I was too much embarrassed. I told Miss 

after I heard the other girls talking about Supt. 

Johnson's treatment of them. I then told them how he had treated 
me. 

The Chairman. How many large girls were there out there during 
the last term of school ? 

Miss . I could not state just how many. There must have 

been about 24 in the domestic science department. 

The Chairman. Where is your home? 

Miss . I came from . 

The Chairman. Plas Mr. Johnson ever talked with you about that 
incident since? 

Miss . No; he never mentioned it. 

The Chairman. You made a statement a while ago that I do not 
think was taken down, and that was that when he passed you you 
refused to speak to him. 

Miss . Yes, sir. It was on Sunday morning he spoke to me 

and tipped his hat, but I did not speak to him at all. 

The Chairman. What became of this young Miss ; 

what happened to her? 

Miss . She committed suicide. 

The Chairman. Where was she when that happened ? 

Miss . I think she was in ; that was during vacation. 

The Chairman. How long after school had closed ? 

Miss . About the 1st of July. 

The Chairman. Do you remember yourself when it was ? 

Miss . I can not remember just when; it was a little before 

I returned to school; just a short time ago. 

The Chairman. Did you ever talk with her about his treatment of 
her? 

Miss . No ; I didn't. 

The Chairman. Do you know anything about why she committed 
suicide ? 

Miss . No; I have not the least idea. She wrote me one 

letter. 

The Chairman. Was there anything in that that bore on her 
troubles ? 

Miss . No ; she was happy, and told of the pleasure she was 

having. That was a short time after she went home. 

Representative Burke. You say you saw Mr. Johnson, a short time 
before school closed, in the big kitchen, and he had his arm around 
Miss ? 

Miss . Yes, sir. 

Representative Burke. When was that? 

Miss . I can not tell exactly. 

Representative Burke. How old was Miss ? 

Miss . She was 15 years old. 

Representative Burke. Did she ever talk with you about it? 

Miss . She was telling me that she wanted to go home, and 

she couldn't go there. 

Representative Burke. Did you mention to her what you saw? 



CUSHMAN SCHOOL, WASHINGTON. 337 

Miss . No, sir. 

Representative Burke. Did you tell anything to unybody else? 

Miss — . No. sir. This is the first time I have ever talked 

about it. unless I mentioned it to one of the girls. 

Representative Buiuve. What did you say to any of them? 

Miss — — — . I said that I saw him with his arms around her. She 
was sitting on a large table, and I don't know whether he was stand- 
ing or sitting doM'n. 

Represeiitative Birke. Where did he have his arms about her per- 
son? 

Miss . Around her waist. 

Representative Bi rke. You say she was crying at the time ? 

Miss . Yes, sir. 

Representative Burke. Did you think at that time that his atten- 
tions toward her were in a fatherly manner toward her as a child, or 
that he was acting improj^erly? 

Miss . It seemed to me that he was looking out for her 

welfare. 

Representative Burke. And she was only 15. 

Miss . Yes. 

Representative Burke. When you were in the basement at the girls' 
dormitory about two years ago Mr. Johnson was there and he em- 
braced you and kissed you. did he? 

Miss . Yes. sir. 

Representative Burke. What else did he do? 

Miss . That is all. 

Representative Burke. What did he say ? 

Miss . He said lie was sorry I could not go home. 

-Representative Birke. Were you complaining because you could 
not go home? 

Miss . No: I was Avorking there. He came to me and asked 

me if I wanted to go home. He asked me if I was going home, and 
I told him I was not. Then he kissed me. 

Representative Burke. When did he speak to you again? 

Miss — — — . Some time afterwards. 

Representative Bt rke. Has he ever since said anvthing of that 
kind ? 

Miss . Xo. sir. 

Representative Burke. And at the beginning of the next school 
year you returned there ? 

Miss . Xo; I have been there ever since. I was not there 

during the last vacation. I returned this year when school opened. 

Representative Birke. Did you have any feeling against the super- 
intendent so that you felt that you did not want to return? 

Miss . He has never paid any attention to me. I don't like 

him. of course. 

Representative Birke. Why don't you like him? 

Miss . For the way he treated me. And he has treated 

the same way, and we did not know how to take it. 

Representative Burke. How old was she? 

Miss . About -20 now. 

Representative Burice. How old was she then ? 

Miss . I think that was about two years ago. 

Representative Birke. Have you had any trouble in school? 



838 CUSHMAN SCHOOL, WASHINGTON. 

Miss . No. 

Representative Blrke. Did the superiiiteiideiit ever discipline ytju? 

Miss . No. 

Representative Blrke. You have no feeling in the matter except 
that he made this improper approach to you ^ 

Miss . Yes, sir ; that is all. 

Representative Burke. Why did you not tell ^liss Lambert about 
it at the time ? 

Miss . Because I felt embarrassed about doing it. 

Representative Blrio:. Are your parents living? 

Miss . No, sir ; I live with my uncle. 

Representative Blrke. Did you tell him anything about your ex- 
periences here with Mr. Johnson? 

Miss . No. sir: I did not tell anybody. This is the first 

time I have talked about it. 

STATEMENT OF , FORMEELY A STUDENT AT 

CUSHMAN SCHOOL. 

Mrs. , being first duly sworn by tlie chairman, testi- 
fied as follows: 

The CiiAiRMAX. Were you a former student at the Cushman In- 
dian School? 

Mrs. . Yes, sir. 

The Chairman. Are you acquainted with Suj)t. II. H. Johnson^ 

Mrs. . Yes, sir. 

The Chairman. Do you know him Avell? 

Mrs. . Yes, sir. 

The Chairman. State what you know of his conduct toward the 
young lady pupils of the school. 

Mrs. — ^ . I know that he has kissed me more than once, and 

other girls that I know. 

The Ciiairma>-. Under what circumstances^ Where were you 
when he first kissed you? 

Mrs. . 1 w^as in his office, and he and I were alone. I had 

been sent in there by the matron to see about an operation on my 
eyes. He was sitting on one side of a large desk and I was on the 
other side. He called me around on his side, and of course I did 
not know what he meant then. When I got around on his side he 
pulled me down on his lap, put his arm around me. and kissed me on 
the side of the face. I told him I was in a hurry, and wanted to go 
and have an operation performed, and he said he hoped they would 
not hurt me. That was my first experience with him. Later when 
I was working in a store uptown, he called me over the telephone and 
told me that I had some mail, and asked me to come by there and get 
it. On my way home I went in there to get my mail, and he was the 
only one there when I got there. I expected there would be some one 
else there when 1 got there, but it was late and he had waited for me, 
and when I went in he put his arm around me and squeezed me and 
kissed me. I didn't know how to take it, I was so surprised, and I 
told him I was no fool and started to leave. I felt insulted over it 
and just walked out. 

The CHAIRMA^^ Did you have another experience with him? 



CUSHMAN SCHOOL, WASHINGTON. 339 

Mrs. . Yes, sir. I met him in the hallway once and he 

stopped me and spoke to me, and said he wanted to go down in the 
basement where the little girls were and asked me to go down with 
him. I went, and when we got down there where they were he did 
some measuring around the walls for some kind of work, and when 
we started back up the stairway he put his arm around me and 
kissed me. 

The Chairman. Did he embrace you? 

Mrs. . Yes. sir; he did. 

The Chairman. Did you tell anybody about it? 

Mrs. . I talked witli ditferent girls about it. I talked the 

matter over with my sister-in-law. 

The Chairman. How old were you? 

Mrs. . I was only 18. 

The Chairman. How old are you now ? 

Mrs. . Nineteen. I am married. 

The Chairman. Do you live here in Tacoma? 

Mrs. . Yes, sir. 

The Chairman. You said you knew of his familiarity witli other 
girls. Who are the}^ ? 

Mrs. . , . , and, I 

believe, a lot of the big girls. 

The Chairman. It was a matter of common talk among you girls 
about his conduct toward you? 

Mrs. . Yes, sir ; we didn't know how to take it. 

The Chairman. How do you Imow that he treated those other 
girls as he did you? 

Mrs. . Because we talked about it, and they told me that 

he did the same thing to them as he did to me. 

The Chairman. Did vou have anv trouble with him other than 
that? 

Mrs. . No, sir. 

The Chairman. Have vou. anv feelino- against him other than 
that? 

Mrs. . Xo, sir. 

The Chairman. Do you speak to liim now ( 

Mrs. . I barely spoke to him the last time I met him. 

The Chairman. You have no other complaint against him? 

^Irs. . No, sir. 

The Chairman. That is why you dislike him. is it? 

^Irs. . Yes, sir. 

Senator Townsend. Did he make anv impr(i]jer suggestions to you 
other than that ? 

3lrs. . No, sir. 

Senator Townsend. Why did you leave school? 

Mrs. . I finished there. I graduated there. 

Senator Toavnsend. Did any other girls tell you that he had made 
any improper suggestions to them? 

Mrs. — . No: not any. He put his arms around them, kissed 

and squeezed them, and things like that. That is all I Imow, as far 
as they have said. 

The Chair-man. Do you know a girl by the name of ? 

Mrs. . Yes, sir. 



340 CUSHMAN SCHOOL^ WASHINGTON. 

The Chairman. She was a pupil in the Cushman School, was she? 

Mrs. . Yes, sir. 

The Chairman. "\\Ttiat became of her? 

Mrs. . She committed suicide. I don't know much about 

her. 

The Chairman. Did you hear her name connected with his with 
reference to improper conduct? 

Mrs. . I never was around her very much. I don't know for 

sure. 

Representative Burke. You say the first time happened last year ? 

Mrs. . No; year before last. 

Representative Burke. When did the second time occur? 

Mrs. . The same year. 

Representative Burke. Did you stay at the school during vaca- 
tion? 

Mrs. . No, sir. 

Representative Burke. Did you talk with ? 

Mrs. . Yes, sir. 

Rep)resentative Burke. Whom else did you talk with about it? 

Mrs. . I have heard so many girls talk about it that I do not 

remember. 

The Chairman. Are there any other girls at the school that you 
know that have had that same experience? 

Mrs. . Yes, sir ; . 

The Chairman. Wliere does she live? 

Mrs. . She lives there near the school. 

Senator Townsend. Did you ever have any such trouble with any 
other man? 

Mrs. — -. Never; Mr. Johnson is the first man. 

Senator Townsend. What did you say to Mr. Johnson? 

Mrs. . I was afraid; I didn't say anything. I was afraid 

of him. My only excuse was that I wanted to go away. I hurried 
right out, and he followed me out into the road, and I was walking 
as fast as I could. He kept trying to talk to me, and asked me if I 
had heard about \ and said that had been run- 
ning around a gi-eat deal with fellows. He said he had written to 

's uncle and told him if he didn't take better care of her, he 

wanted to take her back in school. 

Senator Townsend. Did Mr. Johnson talk to you and the other 
girls in the course of your studies at the time you were there? 

Mrs. . Yes, sir. 

Senator Townsend. And advised you to be careful when you were 
with the boys? 

Mrs. . He never gave us any advice, but I know he was strict 

with the girls. 

Senator Townsend. Would he allow you to go without chaperons? 

Mrs. . I was, but I don't know of any other girls that were 

allowed to. He didn't allow me, but the matron did. The matron 
let me out and I went home, and would go with the boys from there. 

Senator Townsend. Did the matron ever call you before her and 
complain about anything you had ever done? 

Mrs. . No, sir. 



CUSHMAN SCHOOL^ WASHINGTON. 341 

MRS. (recalled). 

Senator Townsend. Has there ever been any talk that you have 
you ever heard about Mr. Johnson not being a good man, aside from 
the things you have been speaking about? 

Mrs. ^ — . No, sir. 

Senator Townsend. Did you hear him talk anything about the 
matron ? 

Miss . No, sir. 

Senator Townsend. Did you ever hear any rumor that he and the 
matron were too friendly? " 

Miss . No, sir. 

Senator Townsend. Is Mr. Johnson married? 

Miss . Yes, sir. 

Senator Townsend. Is his wife living out there with him? 

Miss . Yes, sir. 

Senator Townsend. Has he any children ? 

Miss . Yes, sir ; he has three. 

Senator Townsend. Do you really think that when he acted as he 
did toward you that he intended to do anything that was wrong? 

Miss . I do not really know, but I was always afraid to 

meet him alone. 

STATEMENT OF D. D. ALLEN, PRESBYTERIAN MINISTER, TACOMA, 

WASH. 

Mr. D. D. Allen, first being duly sworn by the chairman, testified 
as follows : 

The Chairman. You are a minister of the Gospel, are you ? 

Mr. Allen. Yes, sir. 

The Chairman. A¥hat business are you now engaged in? 

Mr. Allen. Preaching the Gospel. 

The Chairman. Have you anything to do with the Cushman In- 
dian School? 

Mr. Allen. The Protestant pupils go to church, and we have 
services there on Sunday, and we have Christian Endeavor on Sun- 
day evening, and one or two times during the week we hold Bible 
instmction classes. 

The Chairman. You are not an officer of the school, are you? 

Mr. Allen. No, sir. 

The Chairman. What denomination are you? 

Mr. Allen. Presbyterian. 

The Chairman. Are you personally acquainted with the superin- 
tendent, Mr. Johnson? 

Mr. Allen. Yes, sir. 

The Chairman. How long have you known him? 

Mr. Allen. I believe it is five years since he came here. 

The Chairman. Have you known him well since he came here? 

Mr. Allen. Well, more or less. 

The Chairman. Do you meet him often? 

Mr. Allen. Yes, sir. 

The Chairman. Are you friendly with him? 

Mr. Allen. As friendly as we can be. 

35601— PT 3—14—9 



342 CUSHMAN SCHOOL, WASHINGTON. 

The Chairman, You have never had any rupture? 

Mr. Allen. No. 

The Chairman. Do you know anything- about his personal habits? 

Mr. Allen. Now, I can't really say that I do. 

The Chairman. Can you say that he drinks to excess? 

Mr. Allen. I do not know that he drinks at all. 

The Chairman. You do not know that he drinks? 

Mr. Allen. No; I do not know. We haye heard it intimated. 

The Chairman. Have you any personal knowledge of any other 
misconduct upon his part? 

Mr. Allen. Well, that he disregards the sancity of the Sabbath. 

The Chairman. You have no personal knowledge of any immoral 
conduct upon his part? 

Mr. Allen. No ; we don't. 

The Chairman. AVhom do you mean by "we"? 

Mr. Allen. Well, I mean myself alone; but I have gotten so that 
I say " we " so much when I speak of myself and wife. 

The Chairman. Have you ever talked with any of the pupils of 
Cushman School, or do you know whether Mrs. Allen has, about the 
conduct of Superintendent Johnson toward the young lady pupils of 
the school? 

Mr. Allen. No; they have never talked wdth me. I don't know 
whether my wife has, but I do not think she has. 

The Chairman. All you know about that is hearsay? 

Mr. Allen. Yes, sir. 

Senator Townsend. You got all you have learned about Mr. John- 
son's improper conduct from — , did you not? 

Mr. Allen. Yes, sir; and from Mrs. Nicholson, too. 

Senator Townsend. Who is she? 

Mr. Allen. She is the seamstress. 

Senator Townsend. What did she tell you ? 

Mr. Allen. Some things similar to those told by Miss . 

Senator Townsend. What are they? 

Mr. Allen. I don't remember, but she told of irregularities. 
There has been a personal feeling between them, Mrs. Nicholson and 
Mr. Johnson. 

Senator Townsend. And there is some feeling between you and 
Mr. Johnson? 

Mr. Allen. We have taken exception to his conduct and religious 
feeling. 

Senator Townsend. And you would like to have him removed ? 

Mr. Allen. I would say that I would. If he would play fair 
we would get along all right. There are not a great many with the 
executive alDility that Mr. Johnson has. 

Senator Tow^nsend. Do you think he has a pretty good school? 

Mr. Allen. Well, in various ways he has. 

Senator Townsend. Are there schools in the other places where you 
preach ? 

Mr. Allen. Yes, sir ; day schools, but they are closed now. 

Senator Tow^nsend. Are you preaching to the Indians ? 

Mr. Allen. Yes, sir. 

Senator Townsend. In your experience with the Indians in this 
place, what is the condition? Is it good or better than at the Cush- 
man School? 



CUSHMAN SCHOOL, WASHINGTON. 343 

Mr. Allen. Well, of course, they are not under the service as they 
are in the school. They are not graded as they are here. The disci- 
pline of the children is better than it is in the average Indian home. 

Senator Toavnsend. Are the children as you see around pretty 
good children as a rule? 

Mr. Allen. They are; considering the conditions. 

Senator Townsend. Is there anything else that you want to state ? 

Mr. Allen. Well, I don't know that there is. But there is one 
thing that I ddn't know whether I should state or not. But Mrs. 
Nicholson is of a very independent turn of mind. She wanted a lot 
of things that Mr. Johnson would not do for her. 

Senator Townsend. What did she want that Mr. Johnson did not 
do for her? 

Mr. Allen. Well, I don't remember what it was. I can not re- 
call it. 

Senator T()W^'se:nd. You do not remember wherein she dirt'ered 
from Mr. Johnson? 

Mr. Allen. No, sir. 

SUPERINTENDENT H. H. JOHNSON— Recalled. 

H. H. Johnson, superintendent of the Cushman Indian School, 
being duly sworn, testified as follows : 

The Chairman. Are you aware of the fact that there has been 
some criticism of your conduct toward the young ladies who are 
pupils in the Cushman School? 

Mr. Johnson. No, sir. 

The Chairman. You had not heard that there had been some ques- 
tion of your relationship with a girl named ? 

Mr. Johnson. No, sir. 

The Chairman. Was she formerly a pupil in the Cushman School ? 

Mr. Johnson. Yes, sir. 

The Chairman. When did she come there ? 

Mr. Johnson. She was there when I took charge over five years 
ago. 

The Chairman. I believe she is dead now ? 

Mr. Johnson. Yes, sir. She committed suicide. 

The Chairman. Was she in school this year ? 

Mr. Johnson. Yes, sir. 

The Chairman. Were you in the habit of fondling her ? 

Mr. Johnson. No, sir. 

The Chairman. Did you put your arms around her ? 

Mr. Johnson. No, sir. 

The Chairman. Do you know ? 

Mr. Johnson. Yes, sir. 

The Chairman. Is she there now ? 

Mr. Johnson. No, sir. She was there when I took charge. She 
graduated this year. 

The Chairman. Has she been back there since she graduated? 

Mr. Johnson. She was there yesterday with a young man that I 
knew she was engaged to, but I did not know that they were married 
at the time. 

The Chairman. Did you speak to her? 

Mr. Johnson. Yes, sir. 



344 CUSHMAN SCHOOL, WASHINGTON. 

The Chairman. Did any conversation pass between you and her? 

Mr. Johnson. Just for two or three minutes. When she left 
•school last year she told me that she expected to be married about 
Christmas, and asked me if she could come back and take domestic 
science until Christmas, and I said yes. When I saw her yesterday 
she said she would not come back this year. I do not know what else 
passed between us. We stood there talking two or three minutes. 
I was waiting there for Mr. Griffith, the assistant superintendent, to 
come down town. 

The Chairman. Did you ever fondle her — hug and kiss her ? 

Mr. Johnson. No, sir. 

The Chairman. Did you ask her to go down in the basement with 
you at one time and kiss her as you were coming up the stairway? 

Mr. Johnson. No, sir. 

The Chairiman. Did you telephone her one time when she had left 
school that there was some mail there for her and request her to come 
by there for it? 

Mr. Johnson. Yes, sir. 

The Chairman. Did she go up there? 

Mr. Johnson. Yes, sir. 

The Chairman. Where? 

Mr. Johnson. In my office. 

The Chairman. Who else was there? 

Mr. Johnson. I presume the clerks were there. The occasion of 
my telephoning her was this: I had a message that her brother out 
on the reservation had been injured and I had learned that she was 
working uptown for the summer, I called her and told her about her 
brother, and, incidentally, told her that there was some mail there 
for her. 

The Chairman. Did you ask her to come by the office for her 
mail ? 

Mr. Johnson. No, sir. She asked me all about her brother being 
hurt, and I told her practically all I knew about it. I said to her, 
"There is some mail for you here," and she said, "All right; I will 
come by there for it on my way home." 

The Chairman. Did you fondle her on that occasion? 

Mr. Johnson. No, sir. 

The Chairman. Did you tell her about the girl committing 

suicide ? 

Mr. Johnson. Well, that happened shortly after the girl com- 
mitted suicide, and I would not say yes or no. 

The Chairman. Did you tell her that you understood the 

girl had gone home and was running around with the boys, and that 
jou had notified her uncle about it? 

Mr. Johnson. I would not say about that. It may be that I did. 

The Chairman. Do you Imow Miss ? 

Mr. Johnson. No; I do not remember any girl by that name. 
You must have the name wrong. I don't Imow anybody by that 
name. 

The Chairman. She is supposed to be a pupil in the Cushman 
School. 

Mr. Johnson. I will tell you whom I suspect she is. She is prob- 
atbly a girl called , sometimes called . 

The Chairman. What age girl is she? 



CUSHMAF SCHOOL, WASHINGTON. 345 

Mr. Johnson. Sixteen or seventeen ; she graduated last year. 

The CiiAiKMAN. Is she in school there now ? 

Mr. Johnson. No, sir. 

The Chairman. AVhere is she? 

Mr. JoHxsoN. She is on the reservation. 

The Chairman. Did yon ever fondle her? 

Mr. Johnson. No, sir. I had occasion to give her a good lecture. 
She went to a circus with a yonng Indian, and I came very near re- 
fusing to graduate her ; and, as a matter of fact, she had been very 
unruly. She had gotten into trouble with one of the boys the year 
before, and it Avas out of consideration for her father, who is a very 
fine man, that I allowed her to graduate. 

The Chairman. Is there a pupil there by the name of 

Mr. Johnson. She was there. 

The Chairman. Did you ever hug and kiss her? 

Mr. Johnson. No, sir. 

The Chairman. Is she a good girl ? 

Mr. Johnson. So far as I know. 

The Chairman. Is in school there? 

Mr. Johnson. Yes, sir. 

The Chairman. What sort of a pupil is she? 

Mr. Johnson. Pretty good. She graduated last year, last June, 
and is liack this year to take domestic science. 

The Chairman. Did you ever discipline her? 

Mr. Johnson. I did not have to, but the matron had to keep a 
close check on her. 

The Chairman. Why? 

Mr. Johnson. Because of her temper. 

The Chairman. Did you ever have any difficulty with her? 

Mr. Johnson. Only when she would want to leave school and go 
to see her aunt. She was an orphan, and her brother placed her 
in school and said he did not want her to go with any boys. 

The Chairman. Did you ever fondle her, or hug and kiss her? 

Mr. Johnson. No, sir. 

The Chairman. Is there a pupil there by the name of • 

Mr. Johnson. No; she was there, but not now. 

The Chairman. Do you remember having, at any time, hugged, 
kissed, or fondled any of the young lady pupils in the Cushman 
School? 

Mr. Johnson. No. sir; emphatically, no. 

The Chairman. You are sure you did not do it carelessly or dis- 
regardful of the fact that they might look on it differently from 
what you intended ? 

Mr." Johnson. Now, I am right fond of all my pupils. I joke 
with them and am pleasant with them. It is possible that I may- 
have laid my hand on their shoulder, or something like that. 

The Chairman. But not by hugging and kissing them ? 

Mr. Johnson. No, sir. 

The Chairman. If you had done so, you would remember it, 
would you not? 

Mr. Johnson. Yes. sir; naturally. 

The Chairman. Do you know a Miss ? 



346 CUSHMAN SCHOOL^ WASHINGTON. 

Mr, Johnson. Yes, sir. 

The Chairman. Did you ever have any difficulty with her? 

Mr. Johnson. Nothing, except that she was inefficient, and I told 
her so, and recommended that she be transferred. 

The Chairman. Was she transferred? 

Mr. Johnson. Yes, sir. On another occasion I reprimanded her 
very severely for allowing an Indian boy to be up at her building 
at an imj^roper hour of the night. She was the domestic science 
teacher and had charge of that building. 1 reprimanded her very 

severely for allowing a man by the name of — being over there 

at what I considered an improper hour. 

The Chairman. What hour of the night was it? 

Mr. Johnson. She said it was 9, ancl I said it was 10. She was 
receiving attention from another young Indian man, and she was 
making herself absolutely silly and losing her influence among the 
girls on that account. I had to call her attention to it in very pointed 
terms — to her indiscretion. 

Senator TowNSE^'D. Do you know a Miss ? 

Mr, Johnson. Yes, sir. 

Senator TowjvSe^d. Did you ever have any difficulties with her? 

Mr. Johnson. Well, yes. 

Senator Townsend. What was it ? 

Mr. Johnson. She was prone to make trouble, and I gave her a 
very severe talking. 

Senator Tow^nsend. What trouble was she prone to make? 

Mr. Johnson. Gossiping and tale bearing. And she did a lot of 
things that I did not approve. 

Senator Toavnsend. Tell me something that she did and you did 
not approve. 

Mr. Johnson. One thing was about the affair of Miss and 

this young man. She talked about it and put a construction on it 
that probably was not warranted. I never did believe there was any- 
thing wrong about the attentions the young man was paying 
Miss : She would talk a whole lot about things like that. 

Senator Townsend. She was reporting things against Miss , 

you mean? 

Mr. Johnson, Yes, sir. 

Senator Townsend. Do you work pleasantly with the preacher 
there, the Presbyterian preacher, Mr. Allen ? 

Mr. Johnson. Not veiy. 

Senator Townsend. What is the trouble there ? 

Mr. Johnson. AVell, that I hardly know. The only thing that I 
can attribute it to is that for a great many years he had the field 
to himself, and the regulations require that other denominations be 
invited to come in. The Catholics came in and took up their work, 
and so did other denominations. And I presume that in that way he 
found grounds for his feeling as he does. 

Senator Townsend. Do you overlook his regulations for Sunday 
ser\' ices and church services during the week ? 

Mr. Johnson. No, sir. 

■ Senator Townsend, You do not interfere with them ? 

Mr. Johnson. No, sir. The Catholic students are compelled to go 
to their church and the Protestant children to theirs. 



CUSHMAN SCHOOL, WASHINGTON. 347 

Senator Toavnsend. Have you any reason in your mind lo give as 
a superintendent why any of your girls up there named by the chair- 
man, Senator Robinson, should report that you kissed and hugged 
them? 

Mr. Johnson. I do not see why they should. 

Senator Townsend. Have you never heard of this before? 

Mr. Johnson. No, sir. 

Senator Townsend. You do not think that is the proper thing for a 
suj)erintendent to do? 

Mr. Johnson. No, sir; more than that, I have a family of my own. 

Senator Toavnsend. What family liave you? 

Mr. Johnson. I have a wife and three children. 

Senator Townsend. What are your cliildren? 

Mr. Johnson. Two boys and a girl. 

Senator Townsend. How old are they? 

Mr. Johnson. One 12, one 7, and the other a little less th.n!, a year 
old. 

Senator Townsend. Which is the girl? 

Mr. Johnson. The middle one. 

Senator Townsend. Do they live right there ? 

Mr. Johnson. Yes, sir. 

Senator Toavnsenp/. Do they go to school ? 

Mr. Johnson. Yes. sir; to the city schools. 



STATEMENT OF MISS 



Miss , being first duly sworn by the chairman, testi- 

jBed as follows : 

The Chairman. Are you a pupil at the Cushman Indian School ? 

Miss . I was. 

The Chairman. Where do you live now? 

Miss . Right near the school. 

The Chairman. "When did you go to the school ? 

Miss . Until I graduated. 

The Chairman. When did you graduate? 

Miss . It has been four years ago. 

The Chairman. Do vou know the superintendent of the Cushman 
School, Mr. H. H. Johnson? 

Miss . Yes, sir. 

The Chairman. Did you see him often when you were there? 

Miss . Not so very often, but as much as any other person. 

The Chairman. How did he treat the girls there? 

Miss . I know how he treated me. 

The Chairman. How did he treat you? 

Miss . At times he treated me nice and at other tunes he 

did not notice me. 

The Chairman. What did he do? 

Miss . When I was taking domestic science under Miss Keck, 

I went over to his office once, and he kissed me. 

The Chairman. Was anyone in there? 

Miss . No ; but there was in the other office. 

The Chairman. Did he say anything to you? 

Miss . No, sir. 



348 CUSHMAN SCHOOL, WASHINGTON. 

The Chairman. How old are you? 

Miss . About 18. 

The Chairman. What did you do? 

Miss . I asked him if he thought I was a fool, and he said 

" No ; I don't think so." 

The Chairman. Did he make any other advances? 

Miss . No, sir. 

The Chairman. You were then about 18 years of age? 

Miss . Yes, sir. 

The Chairman. Do you know anything about how he treated the 
other girls in the schools? 

Miss . No, sir. 

The Chairman. When did you first tell anybody about this affair ? 

Miss . I told my mother about it the same day he kissed me. 

The Chairman. Did you talk with any other girls about that? 

Miss . No, sir. 

Senator Townsend. Do you know this young lady you are with 
here ? 

Miss . Yes, sir. 

Senator Townsend. Have you talked with her about it? 

Miss . No, sir. She told me you would ask me questions, 

and I would have to answer them. 

Senator Tow^nsend. Did she tell you what she was here yesterday 
for? ^ ^ ^ 

Miss . No, sir. 

Senator Townsend. Did Mr. Johnson do anything more than kiss 
you ; did he make any further advances than that ? 

Miss . No, sir. 

(Adjournment until 9 o'clock a. m. Tuesday, October 7, 1913.) 



TUESDAY, OCTOBER 7, 1913. 

Joint Commission to IN^^STIGATE Indian Affairs, 

Cushman Indian /School, Tacoma, Wash. 
The commission met at 9 o'clock a. m., pursuant to the call of the 
chairman. 

The following members were present: Representative Charles D. 
Carter. Inspector E. B. Linnen, from the Department of the Inte- 
rior was also present. 

STATEMENT BY MRS. BLANCHE NICHOLSON, SEAMSTRESS AT 
CTJSHMAN SCHOOL. 

Mrs. Blanche Nicholson, being first dul}^ sworn by Inspector 
Linnen, testified as follows: 

By Inspector Linnen : 

_Q. How long have you been in the Government service, Mrs. 
Nicholson? — A. Well, about 14 years. I was in the service about 8 
years; I was married and was out almost 8 years; and I took the 
examination and was reinstated here 5 years ago in December. 

Q. What position do you occupy? — A. Seamstress. 

Q. Seamstress at the Cushman School? — A. Yes, sir. 

Q. What is your present salary ? — A. $600. 



CUSHMAN SCHOOL, WASHINGTON. 349 

Q. Are you well acquainted with Superintendent H. II. John- 
son? — A. Yes; I think I am the last five years. 

Q. What have you to say as to his present conduct with the young 
lady pupils at the Cushnian School, and the treatment of thera, and 
his morals? — A. I liave seen Mr. Johnson caress girls, draw them to 
him, and I have heard the girls talk. 

Q. When you say draw them to him you mean put his ai-ms around 
them? — A. Yes. 

Q. Put his arms around them, embrace them, draw them to him ? — 
A. Yes. sir. 

Q. You have heard the girls talk about his A. About his con- 
duct to them. 

Q. What was his conduct toward them? — A. Drawing them to him 
and kissing them, pinching them. 

Q. What girl pupils in the Cushman School have you heard 
state that he had done that to them ? 

(The witness named five, but names are withheld from publica- 
tion.) 

Q. You say you have not talked with ? — A. No. 

Q. When these girl pupils spoke of this did they find fault with 
it and object to it, to such attentions? — A. Yes; they did; they always 
said they hated to see him come around. 

Q. Now, in your own case, Mrs. Nicholson, has his conduct ever 
been objectionable toward you ? — A. Well, of course, that one time it 
was; it was very objectionable to me. 

Q. State when it was? — A. x\nd then another time Mr. Johnson 
called me to his office last spring and he talked in such a manner to 
me — well, I think if I had been a man I would have struck him. 
It was over a very little thing, really a personal matter — well hardly 
a personal matter — ^it was over a little incident in the mess; my 
little girl came in one night and she says " I want some catsup," and 
she asked the girl for it and the girl replied that there wasn't any, 
and I said, " let's have it on the other table to-night," I said, " they 
had it last night; loan it to us to-night," and just laughed. The girl 
Avent to the kitchen and told the mess cook, and she was very angry, 
scolding the girls and went on at a gi-eat rate. I stepped to tlie door 
and I told her there is no need of scolding the girls at all, I asked 
for the catsup, then she flew at me and was so" angxy then and I 
thought I would go to Mr. Johnson, but I refrained from it. A week 
later he called me to the office and wanted to know why I made so 
many complaints in the mess and without going to the mess manager, 
and I made the reply that I had been expecting to be called to "the 
office and I was glad that he mentioned the fact, because Mrs. Dodd 
had told me that I had made complaints about the mess and had 
been called by the superintendent, and I wanted to know when he 
had called me for anything that I had said about the mess and how 
she knew it. Well, he did not reply to my question, but he blamed 
me for almost every unpleasant thing that had ever happened on the 
place; he told me things that afternoon that I did not know had 
ever happened. 

Q. Did he treat you in a discourteous manner? — A. Why, he said 
very discourteous things to me ; in fact, he told me, he said, " Mrs. 
Nicholson, without a single exception, every employee on the place 
has come to me and entered some complaint about you," and I have 



350 CUSHMAN SCHOOL, WASHINGTON. 

made a point since that time to ask at least 15 of the different em- 
ployees of the occasion they had to complain about me to Mr. John- 
son, and they were all amazed. 

Q. Said that they had not done so?— A. Why, said that they had 
never had any occasion. 

Q. Now, just tell about when the other was?— A. Well, that was 
a year ago last May. 

Q. A year ago last May Superintendent Johnson came A. In 

here ; came to my quarters. 

Q. The seamstress quarters?— A. On the Cushman ground: he 
showed me a letter — he called me to the supply room. 

Q. Closed the door ? — A. No ; he did not close the door. 

Q. Well, go ahead. — A. Called me to the supply room and showed 
me a letter concerning mv advance of salary, and made the remark, 
" You see it dates from th'e 2d of May." I did not see it at all 

Representative Carter. Well, what did he do then? 

A. He put his arm around me and drew me to him, and I said, 
" You stop that." 

Q. Did he attempt to kiss you ?— A. No ; he drew me to him agam 
after I had told him to stop, and I left the supply room. 

Q. Did he make any demonstration except that?— A. Just draw- 
ing me up to him and putting his head over toward mine. 

Q. What did you say to him?— A. I told him to stop, and I left 
the room. 

Q. What was your idea then as to his intentions? Good or other- 
wise ?— A. Well,'! don't think they were good ; I don't think any man 
would do such a thing to a woman if his intentions were good. 

Q. And you say you have observed him on occasions putting his 
arms around some of the large girl pupils and drawing them toward 
him? What was and is your judgment as to that, as to his intentions. 
Were they good or otherwise? — A. I don't know how to answer it. 
Sometimes 1 thought it was simply a fatherly feeling that prompted 
him to do those things. 

Representative Carter. What did you think at other times, Mrs. 
Nicholson ? 

A. Well, that they were not the best intentions. 

Q. Well, you did not have any such feeling — you don't think it 
was any such feeling that prompted him to ])iit his arms about you, 
did you?— A. Well,' I don't see how it could have been any other 
feeling. 

O. T mean vou did not think it was a fatherly feeling?— A. No; 
I did not. I did not. 

Inspector Linnen. Do vou believe his conduct toward the voung 
ladies and his treatment of them in that manner is to the best inter- 
ests of the school and the Government service ? 

A. I certainly do not — emphatically do not. 

Representative Carter. Mrs. Nicholson, did these girls tell you of 
only one time? 
A. Just one; yes. 

Q. That Mr. 'Johnson attempted to be familiar with them?— A. 
Just one, because I never allowed them to talk to me more than one 
time. 

Q. T mean by that did they say he had made one attempt at 
familiarity? — A. Yes; just one time they mentioned. 



CUSHMAN SCHOOL, WASHINGTON. 351 

Q. Each one just one time? — A. Yes. 

Q. And he never made any advances to you except just this one 
time? — A. Just the one time. 

Q. Before that time what was Mr. Johnson's conduct toward 
you? — A. Well, as I said, sometimes it was pleasant and sometimes 
it was not. 

Q. Well, was there any diiference in his attitude toward you be- 
fore that and since that? — A. Well, I don't think that his attitude 
toward me since then has been as good as it was before. 

Q. Has he attempted to punish you in any manner, do you think, 
for your resistance of his advances? — A. No; I can not say that he 
has. 

Q. He has just simply been a little more cold? — A. He has been 
very cold to me; yes. And, of course, I am right under the matron 
directly in all of my work. Of course, if there is any occasion for 
Mr. Johnson to come in, he comes in and makes remarks about the 
work, and he has already given me the highest credit for what I 
have done in the sewing department. 

Q. He has never criticized your work adversely? — A. Well, the 
first year I had charge of the room he did criticize my work, but 

Q. Did he ever speak to you of having you transferred? — A. Well, 
I did. This occasion I spoke of last spring, he said he debated a 
whole month whether to have me transferred or let me stay here and 
give me a talking to, and T told him I didn't think that I was going. 
He said he realized that I had the problem of the education of my 
daughter, and I told him that didn't concern him at all. 

Inspector Linnen. Do you know of his having made any improper 
advances toward any other of the lady employees at the Cushman 
School? Have you heard them so state — any of them, at any time? 

A. Well, . I heard her tell about him pinching her 

arm. 

Representative Carter. Is she here now? 

A. Yes. 

Inspector LinjsEN. Anyone else? 

A. No; nothing very improper, just little flighty remarks that he 
might make. 

Q. Who did you hear speak of those? — A. Well, — 

for one. 

Q. He made some suggestive or improper remark to her, did he ? — 
A. I don't know just what the word was. It Avas on the street car 
one evening; something about taking dinner with him down town. 
I don't know just as to what it was exactly. 

Q. He made a proposal to her to take dinner with him out in 
the city? — A. Yes; something to that effect. 

Q. Anyone else? — A. No; I think that is all. 

Q. Mrs. Nicholson, this Avas in April, was it, that he made these 
advances to you? — A. No; it was in May. 

Q. In Maf?— A. Yes, sir. 

Q. How long after that was it when he called you down to the 
office? — A. Just about a year; that was this spring. 

Q. That was this last spring? — A. Yes; just about a year later, 

Q. When did you first tell of Mr. Johnson's advances to you? — A. 
That night; I told Miss Bates. 



352 CUSHMAN SCHOOL^ WASHINGTON. 

Q. The night after it happened? — A. Yes; the night after it 
happened. 

Q. And was that the time Miss Bates told you of him having 
proposed to take her to dinner? — A. Yes; she told me that night. 

Q. Did 3^011 tell anyone else except Miss Bates? — A. Yes; I told 
almost everybody on the place. I have not kept it to myself at all. 

Q. And lip to' that time Mr. Johnson had treated you fairly well, 
had he? — A. Yes, sir; in a Avay. He was not very cordial; never 
has been to any of the employees. 

Q. He had not had yon down to the office and called you down, 
in other words? — A. No. 

Q. Why did Mr. Johnson say he had decided to call you in and 
reprimand you ? — A. He did not say. 

Q. Instead of having you transferred? — A. He didn't say. 

Q. Well, didn't he say something about your daughter? — A. He 
simply said about my daughter, he realized that I had the problem 
of the education of my daughter to look after, and I told him that 
needn't concern him at all. 

Q. Did he say that was why he had called you in and talked to 
you instead of "asking for your transfer? — A. No; he did not say 
that was the reason. He simply said he realized I was a widow 
and had the education of my daughter to look after. 

Q. And then what did you do?— A. I told him I was not going. 
I said, " You will realize before a year, Mr. Johnson," I said, " you 
will not only like me, you will like my work." He said, "Mrs. 
Nicholson, I do like yoiir work." He said in my efficiency report, 
" You have done more than anybody I have ever known in the In- 
dian work." He said, "I like your work"; and I said, "You will 
like me, too." 

Q. Has he shown any evidence of it?— A. I don't thmk he has. 
Of course, I am sorry I had to tell you gentlemen all of this, but I 
realize it is for the best. I debated a long time last spring after 
he called me to the office whether to ask for a transfer. I realized 
that I was doing my work and I was conscientious in everything that 
I was doing— was doing it well. I knew that, and I don't think I 
was conceited at all. 

Q. A^Hien was it you debated about Avantmg a transfer; was that 
after he offered these advances to you?— A. No; after he had called 
me to the office. ' 

Q. Well, did vou think of the propriety of getting a transfer after 
he offered these\advances to you?- A. Yes; I did; I thought of that 
and I had my daughter to consider ; that is the reason I am working 
to give her an education, and I know that I can give it to her better 
here in Tacoma than I could to be transferred off some place. 

Q. Where were you formerly employed in the Indian Service? — 
A. Well, this is my seventh school ; I was out of the service almost 
eight years when t came here; I entered the service at Pine Eidge 
in 1893. 

Q. South Dakota?— A. Yes; and I was at Phoenix, and at Chil- 
locco, Okla., and I was at Mescalero, N. Mex., and at Parish, Cal., 
before the school was moved to Riverside ; I was there a year ; I left 
there the year before — and then I was here — I was at Hoopa Valley, 
too. 

Q. Where did you come into the service from? What State? — 
A. This last time, you mean? 



CUSHMAN SCHOOL, WASHINGTON. 353 

Q. The first time ?— A. The first time, Ohio. 

Q. You are a native of Ohio? — A. Yes, sir. 

Q. What town? — A. Phittsburg, a little town between Cohimbus 
and Springfield, in Clark County. 

Q. Where from this last time?— A. Danville, 111. 

Q. How long have you been a widow? — A. Eleven years. 

Q. Will you give your age? — A. I am 41. 

Representative Carter. Mrs. Nicholson, you stated that after Mr. 
Johnson had made the advances to you in the supply room you 
jerked away from him, and came out of the supply room into the 
sewing room? Xow, what followed that? 

A. Well, I went out, and I went in the lavatory and cried; I did 
not cry before the girls; I was quite hysterical about it. 

Q. When Mr. Johnson made the advances to you in the supply 
room did he attempt to conceal himself or get out of the way? — 
A. Xo; he just stepped behind the door was all. around the corner. 

STATEMENT OF MRS. JENNIE C. McMANUS, LAUNDRESS, CUSH- 
MAN INDIAN SCHOOL, TACOMA, WASH. 

Mrs. Jennie C. McManus, being first duly sworn by Inspector 
Linnen, testified as follows : 

In taking that oath I will swear to what I personally laiow; I 
wouldn't say anything that anybody else has repeated to me, because 
I don't know that anything that is repeated is true; I will not swear 
to any hearsay or talk; so far as I am personally concerned, and as 
far as I know, I will tell the truth, and I am not afraid to tell any- 
thing I know about Mr. Johnson. 

Eepresentative Carter. But you won't tell what you have heard 
about him? 

A. " I will not repeat anything that will bring anybody else into 
trouble," I said to Mr. Griffith. He said : " If you hear galDble, don't 
pay any attention to it." I said : " There is one thing good about 
being deaf ; I never like to repeat anything I hear because I am not 
sure I get it exactly straight." And he said : " That is a good thing, 
use your eyes and not your ears"; so I never like to repeat anything 
for fear I won't get it just right. 

Inspector Linnen. What is your full name? 

A. Jennie C. McManus. 

Q. You are a widow, Mrs. McManus? — A. I am divorced. 

Q. Plow long have you been in the employ of the Government? — 
A. I served upon my probation — I suppose you call it — just before 
I was appointed permanently here — I was at Tallalup three months 
and I have been here a year the 6th of November. 

Q. What position do you occupy? — A. Laundress. 

Q. At what salary?. — A. Five hundred per annum. 

Q. You are well acquainted with Supt. H. H. Johnson? — A. Just 
through my work. I don't know what you would say — any more than 
my work brings me in contact with him, that is all. 

Q. Has he at any time ever been — ever made any improper ad- 
vances? — A. No. 

Q. Or act in a peculiar manner toward you? — A. Well, no; I 
don't think he has. I don't Imow what to say, because I did think 
that was familiar for a man to act that way — to walk up and take my 



354 CUSHMAN SCHOOL, WASHINGTON. 

arm, but I don't think so now. I think it is just the way he does with 
anyone. 

Q. Did he on one occasion take hold of your arm and treat you in 
such a manner as to cause you to be suspiciou.s of his actions? — A. I 
did not just like to have him do that, but I don't know whether he 
was evil-minded or whether I was. One dcm't always know how to 
take such things. 

Q. But you rather objected to it at the time, did you? — A. Well, 
yes; I didn't care to have anybody w^alk up and do — well, I don't 
know what to say — I don't like to have anyone come up and take 
hold of my arm. 

Q. Have you seen Supt. Johnson treat the large girl pupils in the 
Cushman School in the same manner — take hold of their arms, and 
so on? — A. Let me show you what he did [indicating]. In talking 
he did that way, that was all, and I simply drew away. That was all 
there was to it. I don't know just what you would call it. 

Q. Did he ever attempt it again after you drew away from him 
at that time? — A. No; he never did. In coming to the laundry he 
never any more than came close to me to talk to me. A^Hien the 
machinery was running and all that he always stepped up close; 
they all do that, but he never did. I am inclined to be a little bit too 
much that way maybe, and I was sorry that I ever felt suspicious 
toward him after 1 knew him better. I thought that it was just 
merel}^ a kindness. I don't really believe there is anything bad 
about Mr. Johnson. I could not bear to think it. One never knows. 
I had no idea whatever that there was any such thing against Mr. 
Johnson. 

Q. I didn't understand you. — A. I say, I had no idea that there 
was any such a thing about an investigation about Mr. Johnson's 
conduct among the ladies. 

Q. Well, didn't you say you had some suspicions about his inten- 
tions the first time — the first time he took you by the arm? — A. I did 
not like to have him do that way with me, but when I saw the way lie 
acted about other people — he acts that way about anyone. 

Q. At that time that he had taken you by the arm you would not 
have been surprised then to have heard that he was being investi- 
gated for something of that kind, would you? — A. Well, I don't 
know. I might have thought even then that it was me that was 
offish, and I hadn't ought to feel that way about it. I don't know. 

Q. You say you don't want to tell anything you have heard about 
it? — A. No, sir; I don't. If I may lose my position, that is all there 
is to it; to drag somebody else in the more for some silly gabble. 

Q. Well, you won't lose your position on that account. — A. One 
hears so many things. 

STATEMENT OF MISS OLIVE A. LAMBERT, MATRON CUSHMAN 
INDIAN SCHOOL, TACOMA. WASH. 

Miss Olive A. Lambert, being first duly sworn by Inspector Linnen, 
testified as follows: 

By Inspector Linnen : 
Q. What are your initials ? — A. Miss Olive A. 
Q. How long have you been in the Government service ? — A. Over 
19 years. 



CUSHMAN SCHOOL, WASHINGTON. 3 55 

Q. And where were yoii employed prior to coming to the Cushman 
School? — A. I was employed at the Jicarilla School, in northern 
New Mexico. 

Q. How long were you there? — A. I was there two and a half 
years. 

Q. How long hare you been at the Cushman School ? — A. Five 
years. 

Q. What position do you occupy? — -A. Matron. 

Q. Head matron? — A. Head matron: ves, sir. 

Q. At what salary?— A. $660. 

Q. Are you well acquainted with Supt. H. H. Johnson ? — A. I am. 

Q. And you knew him prior to coming to Cushman, did you not ?— 
A. Yes, sir; I knew him. I have loiown him for 17 years, with a few 
exceptions. I think it is about 17 years since I first Imew Mr. 
Johnson. 

Q. What have jou to sa}^ with relation to his conduct and treat- 
ment of tlie Indian lady pupils at the Cushman School ? Is his con- 
duct such as causes comment, and do you believe it in the best in- 
terest of the Government service? — A. Well, of course all I have is 
the girls' stories for it: of course I have seen Mr. Johnson, but at 
that time I thought nothing of it. 

Q. You have seen what? — A. I have seen him, in talking to a 
girl, just put his arm around her; of course, as I say, at that time I 
did not think anything of it; of course the girls have made — have 
talked about it. and of course — I only had one girl come to me direct 
and tell me 

Q. Who was that girl? — A. That was ; she is not 

here now. 

Q. How old a girl is she ? — A. I think she is 16. 

Q. What tribe does she belong to and where does she live? — A. I 
don't laiow to what tribe she belongs: she is only a quarter Indian, 
I think. Just where she is now I don't know. 

Q. When did she talk to you. and what did she say? — A\ I think 
it was last November; I am quite sure it was; she came to me, and 
Mr. Johnson was on a tour of inspection of this building and he 
went upstairs ; of course he went alone to do the inspecting upstairs ; 
it was on Saturday morning and she said he entered her room, went 
in her room of course to inspect the room, and he asked her to kiss 
him, but she refused to do it; but he kissed her, so she says, and he 
wanted her to put her arms around his neck, but she refused to do 
that, and I think she said that she raised them or he raised her arms 
and put them up around his neck, and then, of course, he went a lit- 
tle further than that : he laid his hands up across here. 

Q. On her breast? — A. Yes; but she said, "I have no witness, 
and he can say he didn't do it." But she said, "he did do it " ; 
but she is the only girl ever came to me direct. Of course I got it 
from other girls, what they had told me. Of course, in the first 
place, it came to me from outside; some one told me from outside. 

Miss , something she told about Mr. Johnson kissing 

her. 

Q. Who was it she told ; who was it told you ? — A. It was a ; — 

she said he kissed her. Of coui-se this other girl was staying 



at and she told her ; but of course I have heard snice- 

I didn't hear direct from the girl, but it was the assistant matron; 



356 CUSHMAN SCHOOL, WASHINGTON. 

she came to me last spring — last summer before she went away — and 
wanted to know about it; and I made the remark to her, I said. 

"]\ji.QS , the girls tell things; you can not always depend on 

what they say ; I don't want you to allow them to talk to you." She 
said girls made a remark that Mr. Johnson had kissed a couple of 
girls ; of course thev are not here now. 

Q. Who was the "lady that told you this?— A. Miss . 

Q. Who Avere the girls? — A. I won't say positively, but I think one 

of them was , and the other was ^ ; she 

is not here now. Of course that I had not heard anything about; 

of course I have heard of . I heard the girls speaking 

about her, too. 

Q. What did they say about her?— A. They said he kissed her and 
felt of her limbs, and so forth. 

Representative Carter. Felt of her limbs ? 

A. Yes; that was told me; as I say, I have no proof if this. 

Q. Who told you this?— A. Well, was the girl that 

told me that. 

Q. One of the pupils? — A. Yes; and then this little girl that got 

the tablet awhile ago, said told her about kissing him. 

Q. This little girl, what is her name? — A. . Of course 

these children get hold of these papers, and was reading them and she 
was talking to me; she told me that the other day; of course I had 
heard it. 

Q. Do you know anything about the death of ? — A. 

I don't know anything about it further than what I saw in the papers. 
Q. Did you ever hear any rumor that her death was occasioned 
by some affair she had with some one in the school? — A. No; I heard 
this charge, that it was occasioned by some affair — love affair she 
had had with some — I understood that it was some man at her home. 

Q. You never heard her name or her death mentioned in connection 

with Mr. Johnson, did you? — A. No; I'never did; I never heard it. 

Q. Where did she commit suicide, at home or here?— A. No;- 

at home that occurred; I don't know whether that was July or 

August ; it was August after I went home. 

Q. August of this year ?— A. Yes ; August of this year. 
Q. Did Mr. Johnson ever attempt to make any advances toward 
you? — A. Never. 

Q. He has always treated you as a perfect lady? — A. He has 
always treated me in that respect as a perfect lady. 

Q. Is there a good feeling between yourself and Mr. Johnson? — 
A. Well, I can not say that there is exactly, no; because I have 
thought at times that he did not — ^there was some feeling of some 
sort ; of course, I don't know what it was ; I have met him at differ- 
ent time when he would give me no chance to speak to him; then 
maybe he would ; of course Mr. Johnson has never said anything to 
me one way or the other. 

Q. He lias never criticized your work? — A. Never to myself, no; 
he never has. 

Q. Have you heard of him criticizing it ? — A. No ; I have not. 
Q. Never had any words with him? — A. No; never had any 
words with him. 



.'(.- 


-A. 


^o; 


I never 


head of . 


%- 


-A. 


Yes. 






L 


-A. 


Yes. 






.'?_ 


-A. 


Yes. 


, sir. 




■ ?- 


-A. 


Yes, 


sir. 




■?- 


-A. 


No, 


sir. 




?_ 


-A. 







— and w 



CUSHMAN SCHOOL, WASHINGTON. 357 

Q. You came here with him, didn't you? — A. I came here with 
Mr. Johnson. 

Q. Pie brought you along? — A. Yes; he brought me along. 

Q. And doubtless values your services very highly or must have 
at that time? — A. Well, yes- of course, he may yet for all I know. 

Q. You are an Indian yourself, are you? — A. No, sir; I am not; 
not one drop of Indian blood. 

Q. Where did you enter the service from? — A. I entered the 
service at Omaha, Nebr, 

Q. Is that your native State ?— A. Yes. 

Q. You have told us of all the girls that you have heard of Mr. 
Johnson attempting to make advances to? — A. Now, there was 

, she came to me with that story ; I would not say 

positively what girl it was told me ; you get those things a number 
of times ; of course this girl worked down at Mr. Johnson's home. 

Q. Well, I will ask you if you ever heard of his attempting fa- 
miliarity with the following girls: ? — A. Yes, sir. 

Q. . . .. ^ , , - 

Q. 

Q. 

Q. 

Q. 

Q- 

Q. ?— A. and was, is the same 

girl. 

Q. ?— A. Yes, sir. 

Q. All these you heard of indirectly save one ? — A. Yes ; and that 

is , she came to me directly and there was another little girl 

with her when she came. 

Q. Are there any others other than those? Just stop now and 
think carefully if you can remember any other girls other than these 
we have mentioned? — A. You are speaking of the girls only, of 
course ? 

Q. I will add "or employees," or lady employees? — A. Of course, 
I heard of Mrs. Nicholson; she told me that herself; I don't recall 
the name of any other girl. 

Q. Have you heard of any other employee besides Mrs. Nichol- 
son?— iV. Well, I have; yes; that is, never 

Q. Give us their names, please. — A. Further than this, that he 

visited her; that is all; visited her rooms; that is all I know; 

, the familiarity part I don't know anything about. 

Q. Mrs. ?— A. Yes ; Mrs. . 

Q. What did you hear that he did with Mrs. ?— A. Wliy, 

I didn't hear anything, only that he just made visits down there. 

Q. Did she tell you herself? — A. 'No; it was just a rumor around 
generally, is all. 

Q. At what time did you hear that he visited her rooms? What 
time in the day or night? — A. Well, I guess he would drop in most 
any time. 

Q. Day or night? — A. Evening. 

Q. Evening? — A. Not late. 

Q. Evening, after dinner? — A. Yes; drop in. 

Q. How many times did you hear that ? — A. Oh, I couldn't tell you. 

35601— PT 3—14 10 



358 CUSHMAN SCHOOL^ WASHINGTON. 

Q. Can you remember any particular time that you heard of him 
visiting her room?— A. No; I could not name any particular time, 
really. 

Q." It was usually after dinner in the evening?— A. Yes; or during 
tlie morning; during inspection, something of that sort. 

Q. Well, can you give us the name of the person that told you 

that? — A. Yes; I can give you the name — Miss and Mrs. 

Nicholson. 

Q. What does she do ? — A. She is a teacher. 

Q,. How long did you hear that he stayed in the room when he 
yyrent ? — A. Well, as to that I would not like to say, because really I 
don't — just as those things get around, rumors, just as those things 
get around. 

Q. Did you hear anyone say how long he stayed in the room? — A. 
I don't remember of hearing anyone say just how long he stayed 
there. 

Q. But he spent considerable time there at different times? — A. 
Well, I hear that he did ; yes. 

Inspector Linnen. The circumstances connected with his visits 
looked rather suspicious, did it? — A. That is what different ones 
thought; yes. 

Q. Now, let me ask you this: As head matron of the Cushman 
School in charge of the welfare of the girl pupils, do you approve 
or have you approved of the conduct of Supt. Johnson toward your 
girl pupils? — A. I have not. 

Q. Have you been suspicious that his intentions were not always of 
the best? — A. Well, I will answer it this way: My hearing those 
stories, of course, I did believe that they were not — was made to be- 
lieve that they were not. 

Q. You do not believe that his familiarity was well intended to- 
ward these girl pupils ? — A. No ; I certainly did not. 

Q. Have you any reason to doubt the hone;sty of the different girls 
who have told you of these things in connection with Superintendent 
Johnson ?— A. No, sir ; I have no reason to doubt them. 

Q. You are of the opinion that they are the truth? — A. I think 
they are. 

Eepresentative Carter. Are the girls truthful, as a rule, about a 
matter of that kind? 

A. Well, on an average, I think. 

Q. "WHiat do you think of the veracity of Indian girls in a mat- 
ter of this kind in comparison with white girls? — A. Well, I often 
think they are apt to put more to a story than white girls are. 

Q. Was this girl — who told you of Mr. Johnson's 

attempted familiarity with her a truthful girl? — A. Not at all times. 

Q. She would sometimes exaggerate, would she? — A. Yes; she 
would. 

Q. Well, would she tell a willful, malicious falsehood about a mat- 
ter of this kind? — -A. No; I don't think she would; I think she 
would tell me the truth. 

Q. Do you know of any other lady employee now here or that has 
been here that there was any talk about in connection with Mr. 
Johnson ? — A. I know of no one here — no one else here. 

Q. You have given us all the information you have? — A. I think 
that I have. 



CUSHMAN SCHOOL, WASHINGTON. 359 

Inspector Linnen. I will now ask you, Miss Lambert, if there is 
anything else within your knowledge affecting the conduct of the 
Cushman School or of Superintendent Johnson or any other em- 
ployee or person connected with the said school, that you believe it 
is your duty to give the information of at this time? If so, state 

fully? 

A. I don't know as there is. Of course I have felt smce I have 
been here that Mr. Griffith was not always just in his dealings with 
different ones. 

Q. Mr. Griffith is the assistant superintendent ?— A. Yes, sir. 

Q. In what manner would you criticize any of his actions? — A. Of 
course, he is kind of quick, aiid I have often thought that he did not 
always stop to reason the matter out before reprimanding people in 
regard to different matters. Of course, I have thought that he re- 
ported matters that did injure other people; of course, I had a sister 
here as a cook and I always felt that it was he— he done wrong. Of 
course, Mr. Johnson never went to my sister ; if anything went wrong 
he always came to me and he came to me — we were going home— and 
he said, " I am sorry to make this statement to you but," he said, " I 
can not have your sister here another year," and he asked me if I 
would tell her. Well, I did just as he asked me to do. Of course 
she made out her resignation and he accepted it; he just simply 
stated she resigned her position as cook at the Indian school at 
Tacoma. Of course I felt — never could absolutely prove — that Mr. 
Griffith was at the bottom of that, but I always felt he was. 

Q. You believe he did her an injustice? — A. Yes, sir; I think so. 

Q. what reason did he assign for her not remaining in the serv- 
ice? — A. Well, he thought she was a little too severe with the chil- 
dren, especially his. 

Kepresentative Carter. You have never heard any accusations 
against Mr. Johnson about drinking, have you? 

A. No; I have not but maybe — now, Sunday, there was; you put 
the question to me pointedly and I will have to answer: Sunday I 
was visiting an employee who used to be here at the school, a Mr. 
Wicking, and he made some remark. I could not tell you just ex- 
actly what ; it was about Mr. Johnson drinking. 

Q. Who was that? — A. Who? Mr. Wicking; he used to be engi- 
neer here. 

Q. What does he do now? — A. He is engineer at the Tacoma 
Building. 

Q. What is his initial?— A. Well, he is Fred Wicking. 

Q. Is that the only accusation you have heard against Mr. Johnson 
about drinking ? — A. I think so. 



FRIDAY, DECEMBER 5, 1913. 

Joint Commission to Inatestigate Indian Affairs, 

331 Senate Office Building, Washington, D. C. 
The commission met at 2 o'clock p. m., pursuant to the call of the 
chairman. 

The following members were present: Senator Joe T. Robinson 
(chairman), Senator Harry Lane, and Eepresentatives John H. 
Stephens, Charles D. Carter, and Charles H. Burke. 



360 CUSHMAN SCHOOL^ WASHINGTON. 

STATEMENT OF H. H. JOHNSON, SUPERINTENDENT CUSHMAN 
SCHOOL, TACOMA, WASH. 

The Chairman, Having been informed that Supt. H. H. Johnson, 
of the Cushman Indian School, Tacoma, Wash., was in the city and 
desired to j)resent some matters to the commission in connection with 
his suspension as superintendent of the school and agency, I asked 
the commission to convene at this place and hour for the purpose of 
hearing such matters as Mr. Johnson desires to present. Mr. Johnson 
is present, and we will be glad to hear his statement. 

Supt. H. II. Johnson, I am not a very good speaker, so I have 
written what I have to say, and will read it : 

(Mr. Johnson's statement is attached hereto, marked " Exhibit 
A.") 

The Chairman, All right, Mr. Johnson, your statement will be 
inserted in the record as a part of it. The chairman desires to state 
that the relationship of Mr, Johnson toward the young lady pupils 
of the Cushman Indian School was called to the attention of the 
commission while at Tacoma after it had been in session for sever^al 
days. The commission Avas informed that it was a common repute 
among the young lady pupils in the school that Mr. Johnson was in 
the habit of fondling and caressing them. Acting upon the informa- 
tion. Inspector E. B. Linnen was requested to procure the attendance 
before the commission of one of the young lady pupils, and she was 
examined by the commission. A number of the young lady pupils 
in the school were subsequently called, and corroborated the state- 
ment of the first witness, Miss . Among them were 

Miss — , who until recently had been a pupil in the 

school. There was also Miss , Mrs. Nicholson, Miss 

Olive Lambert, Mrs. Jennie McManus — the latter's testimony was not 
material; the latter three being employees at the Cushman School, 
who testified, in substance, that it was a matter of common repute 
among the young lady pupils that Supt. Johnson was in the habit of 
fondling and caressing the young lady pupils of the school. 

The commission considered very seriously the question as to whether 
it would be right and best to confront the witnesses with Supt. John- 
son and allow him to cross-examine them as to these matters, and 
it finally concluded that owing to the fact that he was superintendent' 
of the school and in a peculiar relation with the young ladies, it 
would not be proper to insist upon it. The commission did decide, 
however, that, in justice to him, and considering his record as super- 
intendent of the Cushman School, which was very satisfactory in 
many respects, he should be heard. 

Supt. Johnson's testimony as to the above rumors was also taken, 
in private. His attention was called, in substance, to the testimony 
of each one of the young lady witnesses who were called — at least 
several of them — and he denied any knowledge of the facts that they 
had testified to. The commission, so far as the chairman is concerned, 
has no objection to Supt. Johnson being furnished with a copy of 
the testimony given against him, and we would be very glad to have 
him submit any evidence he desires to submit to the commission. 
Further than that I have no suggestion to make. 



CUSHMAN SCHOOL, WASHINGTON. 361 

Representative Burke. Were you furnished with the names of the 
persons who testified against you? 
Mr. Johnson. Yes, sir; the names. 

Representative Burke. You say that the matron refused to permit 
the girls to be interrogated by you, under the direction of Inspector 
Linnen ? 

Mr. Johnson. Yes, sir. 

Representative Burke. Is it not true that some of these witnesses 
are employees of the school ? 

Mr. Johnson. Yes, sir ; a few of them. 

Representative Burke. Were you furnished with a copy of the 
charge that, in effect, it was a matter of common repute among the 
girls in the school and in the town that you were in the habit of doing 
the things mentioned ? 

Mr. Johnson. I don't think.it says it was a matter of common re- 
port in town. I have a copy of them here. It does not say anything 
about that. 

Senator Lane. These are the charges of the Indian Department? 
Mr. Johnson. Yes, sir. 

Representative Stephens. Whom were they preferred by ? 
Mr. Johnson. Inspector E. B. Linnen. 

Representative Stephens. I notice the name of Mrs. , and 

some statement about her. Did you obtain her statement? 
Mr. Johnson. Yes, sir. 

Representative Stephens. Among the girls mentioned is one who 
is now married and not under the supervision of the matron. Did 
you obtain her statement? 

Mr. Johnson. No, sir ; I could not get it. She was 100 miles away. 
Representative Burke. Well, it is about two months since the com- 
mission was there. 

Mr. Johnson. Two months ago to-day. 

Representative Burke. I do not mean that I have any desire to do 
you any injustice, Mr. Johnson, but you have got to convince me that 
these charges v/ere without foundation, that they are false, and that, 
supported by your own statements or affidavits or something like 
that, if you can do so ; and unless you do that I do not feel that you 
can get very far. 

Mr. Johnson. I show in my defense that the testimony of a part 
of the witnesses was improper. I have the direct testimony that this 
Mrs. Nicholson and Miss Lambert talked to one of the girls about 
the testimony she gave. This was after you left. The girl came there 
and her statement was taken down early in the morning by Super- 
visor McChesney before anybody else had seen her. Then she went 
away and returned about 11 o'clock, and when she w^as to sign the 
statement she insisted upon wanting to change her statement. 

Representative Burke. That was after the commission left Tacoma ? 
Mr. Johnson. Yes, sir. 

Representative Burke. Were not your relations friendly with the 
matron ? 

Mr. Johnson. Yes, sir. 

Representative Burke. Were you not partial to her? 

Mr. Johnson. Well, she had been with me for 17 years. 



362 CUSHMAN SCHOOL^ WASHINGTON. 

The Chairman. And did you not inform the commission before 
these matters came up, on several occasions, that you had a high re- 
gard for the matron, and speak highly of her as having been in the 
service with you for 17 years? 

Mr. Johnson. Yes, sir. 

The Chair.^ian. Have you anything to say now that would cause 
you to believe that that woman was prompted by any malice in 
giving the statements she did ? 

Mr. Johnson. Yes, sir. I had her sister there two years ago as a 
cook, and the woman went insane. She abused the children. She 
would strike them when they came around the stove and rub molasses 
in their hair. I had to get right after her about it, and finally got 
rid of her. Ever since that time the matron has not been friendly 
toward me. Although, not speaking of her unfriendliness, I do con- 
cede her ability. 

Representative Burke. I may say that the recommendation you 
gave of the woman went a long ways with me. She did not appear 
to have any desire to injure you, and she stated when the question 
was put squarely up to her that there was a general report that you 
did do these things. I do not like to see a man's character de- 
stroyed — I would not like to have my own destroyed — but do you 
think you could be retained there if these things prevail ? 

Mr. Johnson. Mr. Burke, this thing came to me just like a thun- 
derbolt out of the clear sky. I have been in the service for 17 years, 
and given the best part of my life to it, and to a man in middle life 
this would be an awful thing. I have worked hard with that school 
and tried to break down the barrier of restraints and difficulties that 
have arisen, and my heart is in the work. 

Representative Burke. I want to call your attention to another 
thing. First, I will ask you a question. Do you "want this commis- 
sion to believe that these statements given by these witnesses were 
without any foundation, or do you mean to say that you will justify 
what was done by you ? 

Mr. Johnson. I can justify whatever I did. 

Representative Burke. Then you are willing to admit that there 
was something to the reports that formed a foundation for their being 
made? 

Mr. Johnson. Yes, sir. 

Representative Burioe. Well, didn't you deny them in toto when 
the commission was at Tacoma ? 

Mr. Johnson. Just as I said, Mr. Burke, this thing came like a 
thunderbolt out of the clear sky. There wasn't anything to the tales 
they told, and I can prove that my relations in that respect were not 
improper. 

Representative Burke. Yes ; but you absolutely denied all of them 
when we were out there. I regret it very much, but I don't mind 
saying that I had a very high estimate of' you and your work at the 
school, and I was very reluctant to consent to any suggestions that 
you ought to be separated from the service. I want you to know my 
position — that you have got to clear yourself. 

Mr. Johnson. Well, you take the case of . She was 

a girl that perhaps has come under my notice more than any other 
of the girls. She has had ever since she has been there trouble with 
her eyes, and on one occasion I took her down town to have them 



CUSHMAN SCHOOL, WASHINGTON. 363 

treated. When the work was done she was dizzy, probably from the 
effects of the anesthetic, and I picked her up and carried her to the 
automobile. I had my arms around her, of course, in doing that. 
A\Tien we got back I picked her up and carried her into the room and 
laid her on the bed. 

Kepresentative Burke. ^Yhy didn't you state that to the commis- 
sion before, Avhen we were out there? 

Mr. Johnson. It did not occur to me as being improper. 

Representative Albert Johnson of Washington. Mr. Burke, don't 
you think that if a man is charged vritli all these things and doesn't 
expect them of pupils that had been with him for five or six years 
when he is confronted with them he would deny them? 

Representative Burke, Not if he expected to explain them. 

Representative Johnson. There was nothing to explain. He 
doesn't believe that what he did w^as wrong. 

Representative Burke. Have you the testimony there, Mr. Chair- 
man? I understand that these questions were put squarely up to 
Mr. Johnson as facts and that he denied them absolutely. 

The Chairman. Subsequent to the taking of Mr. Johnson's testi- 
mony in Tacoma the testimony of five or six other girls was taken, 
and, of course, Mr. Johnson was not asked about the details of their 
testimony, but in two or three instances he was asked directly about 
the testimony the other girls had given, for I remember asking them 
myself, and in each case he flatly denied their statements. 

Representative Johnson. Suppose he had asked for a lawyer at 
that time — — 

The Chairman. Mr. Johnson, this was not a criminal trial. This 
IS an investigation to correct existing abuses in the Indian Service, 
and there is no one who has a disposition to oppress Mr. Johnson. 
As stated in the beginning, he made a very favorable impression 
with us. But in a school of young lady pui^ils, where the superin- 
tendent is charged with conduct of that sort, it does not appeal to 
me, to say that he did not have a lawyer, is a very important con- 
sideration. But I want to emphasize the fact that there is no dis- 
position to oppress Supt. Johnson. 

Representative Johnson. In reply let me say Mr. Johnson did not 
ask for a lawyer; these charges against Supt. Johnson from 
the Interior Department are dated October 22, 1913, and he is given 
20 days in which to file an answer. He has come East as quickly 
as possible. He is a constituent of mine, and I am trying to find a 
way not to further prejudice his case. I have had letters from many 
peo]:)lo out there, and I Imow a little something about the matter 
myself. I have lived out there many years and have ridden on a 
bicycle all through that country among the Indians and I know 
something about them. How serious these charges are, I do not 
loiow. But I receive constantly complaints from the Indians; a 
great many amount to nothing. Where they have been sufficiently 
important I have taken them up with the Indian Office. I am say- 
ing this in all fairness to the commission, and in m}^ desire to cooper- 
ate with it in its work, and we did and do hope that a straightening 
out of these charges will be brought about; and for that reason I 
asked you if you could arrange for this meeting to-day. My pri- 
vate opinion is that Mr. Johnson's case was prejudiced the minute 
they commenced to print news of the charges in the paper. 



^64 CUSHMAK SCHOOL, WASHINGTON. 

Representative Burke. As a Member of Congress, Mr. Johnson, 
what would you suggest that this commission do 'i 

Representative Johnson. I do not know that they can do any- 
thing. I do think that these charges of these girls ought 

The Chairman. These are not charges by these girls. They are 
simple statements of fact, details of transactions which they said 
occurred. They offer no charges. They were very reluctant wit- 
nesses, and it is very different from the general complaints that come 
up from the Indian Service. It is true or untrue that " he did take 
me down in the basement and hug and kiss me." You surely don't 
mean that these young lady witnesses went on the stand and testified 
falsely or anything of that sort ? 

Representative Johnson. I certainly do. 

Representative Burke. You would, of course, take into considera- 
tion the deportment and appearance of the person? 

Representative Johnson. What I do say is that I have known 
many Indian men to charge that others had stolen their money, and 
make other charges that were not true, or ever based on anything of 
substance. 

Representative Burke. Suppose you were in the Indian Service, 
would you not require of a superintendent of a school like that that 
he keep himself above reproach, and would he not lose his usefulness 
if things like these are matters of common report? 

Representative Johnson. I take it that that is exactly the feeling 
of this commission. 

Representative Burke. For the good of the Indian Service I think 
that Mr. Johnson ought to be separated from it. Do you think that 
Mr. Johnson could be given any exoneration ? 

Representative Johnson. That is not for me to say. I don't 
know. 

Supt. Johnson. Dismiss me from the service, or put me where you 
will, will be absolutely unjust. I have devoted the better part of my 
life to that work, and have tried to break down, as I said, every bar- 
rier of restraint. As to improper relations with the girls in the 
school, I do not think that I have done anything that is improper. 

The Chairman. What do you mean by improper relations? 

Supt. Johnson. Hugging and kissing them. 

The Chairman. Do you know any reason why, for instance. Miss 

, Mrs. , Miss , Miss 

^ — , Miss , or Miss should make these 

specific statements alleging this conduct on your ]3art? Do you 
know of anything that would prompt them to do that ? 

Supt. Johnson. Yes; there are two or three things. Miss 

is a girl that was brought there by her brother, and he told 

me at the time that she was unruly. I had occasion to refuse to 
allow her to go home once, and she did not like that. In fact, she is 
a girl that had very little to say to me. I can not account for Mrs." 

's statement. I had always regarded her as one 

of the best. Unless it is this: Her husband was on the Quinaielt 
Reservation this last summer and was under the domination of a 
man who was and is a henchman of this man Richard Adams. I 
would not do some things he wanted done, and he stated that he 
would get rid of me. 



CUSHMAN SCHOOL, WASHINGTON. 365 

Representative Johnson. Adams is "grand sachem" for the 
American Indians. He has tried to get hold of some oil leases out 
there. 

Siipt. Johnson. Yes, sir. 

Kepresentative Carter. Who told you about that? 

Supt. Johnson. Billie Mason. 

Kepresentative Carter. Is he not one of those Indians whom you 
could not believe under oath? 

Supt. Johnson. Yes, sir; he is one of those Indians out there. 
Mrs. Nicholson is my bitter enemy. I have been trying to get rid 
of her for two 3'ears, and she laiows it. She is a venomous and un- 
scrupulous woman. My wife and I have known her for 20 years. 
I am satisfied that this woman has taken these girls and poisoned 
them against me and kept them prepared for the proper time. My 
wife told me that I would have trouble with her before she got away. 
She used to be my assistant matron, but that work did not suit her, 
and later I put her in the sewing department. But her enmity dates 
from the time she was manager of the school mess. The employees 
vote on who is to be the manager of the mess, and she did not suit; 
so they voted her out. She received her daughter's board as compen- 
sation for that work. Voting her out made her very bitter, and I 
had to reprimand her from time to time, until last April I had to 
give her the severest repriiuand that I have ever given an eiuployee. 

I have filed with the department the testimony of the employees 

at the school, except that of Mrs. Nicholson. Miss was one 

of the best witnesses in my favor. She says that she never saw any- 
thing that she considered improper. 

The Chairman. Miss testified before the commission that 

she saw you put your arms around the girls, but she never said that 
she saw any criminal conduct on your part. 

Supt. Johnson. Right there, that testimony as to my putting my 
arms around the girls, that is without fundation, and that is all there 
is to it. I know Indian girls pretty well, and to be alone with one 
of them is something that I particularly avoid, because they attach 
more importance to a thing like that than we do. As I started to say 
a while ago and somebody interrupted me, I have always cautiously 
avoided that, but at the same time I have tried to establish a fatherly 
interest with the girls, and there have been times when they would 
want some little favor or a special party, or something like that, and 
they would walk along with me and take hold of my arms, asking 
for those little favors. And as far as it being a matter of common 
repute that I put my arms around them and fondled them and things 
like that, there is nothing in that. Just as I said to you two months 
ago, this thing came to me just like a thunderbolt ; it is something 
that I had never dreamed of. I could go back to that school to- 
morrow and things would go right along as nicely as ever. I would 
have been out of the service six years ago if it had not been for Com- 
missioner Leupp. He asked me if I would not go out there and 
build up this trades school. I consented, because I had my children 
in school; otherwise I would not have gone. My heart is in the 
work now and I have given the best part of my life to that work. 

Representative Stephens. Mr. Johnson, have you ever been 
changed from one school to another? 



366 CUSHMAN SCHOOL, WASHINGTON. 

Supt. Johnson. I am at my sixth post now. 

Representative Stephens. Have any charges been preferred against 
you before? 

Supt. Johnson. No, sir. Every change has been a promotion. 
The Indians preferred some charges against me when I was down 
in New Mexico, and they sent a supervisor down there to investi- 
gate it. 

Eepresentative Stephens. Who was the supervisor? 

Supt. Johnson. Mr. Conser, now superintendent of the Sherman 
School, at Riverside, Cal. 

Representative Stephens. What reservation was that on? 

Supt. Johnson. Jicarilla. 

Representative Stephens. Wliat was the nature of the charge ? 

Supt. Johnson. They accused me of shooting some of their dogs. 
Every change that I have made has been in my favor. It has been 
a promotion each time. 

Representative Burke. I gather from this record that I hold in 
my hand (hereto attached as a part of Supt. Johnson's testimony, 
and marked "Exhibit B ") that many employees and some pupils 
in the school were examined in your presence, and by you, and in 
the presence of Supervisor McChesney ? 

Supt. Johnson. The employees; yes, sir. 

Representative Bueke. Were you prevented from having the privi- 
lege of having the testimony of some of the other pupils who testified 
against you ? 

Supt. Johnson. Yes, sir; by Miss . 

Representative Bueke. She said she would not allow it ? 

Supt. Johnson. Yes, sir; because she had orders from Inspector 
Linnen to that effect. Do you think that these things could go on as 
alleged among 38 employees and none of them know anything 
about it? 

The Chairman. If you are cross-examining me upon the proposi- 
tion, I will say, that while a good many young men pupils in the 
the school, at least, some of them, stated to me that they heard of it, 
they had not seen it with their own eyes. But one doesn't usually 
do things of that sort when he thinks some one is watching him. 
Unless you have some statement you want to make, I don't care to 
go any further. 

Representative Johnson. If I stated that I would not believe In- 
dians under oath, I did not mean, of course, all Indians— but I 
have had so many petitions and complaints from those Indians out 
there that were without foundation. I have lived out there within 
25 miles of the Quinaielt Reservation, and I know what the situation 
is there. 

Supt. Johnson. Gentlemen, you know what it means to be dis- 
missed in the middle age of life. It means that I am branded for 
life and for all time. 

The Chairman. There is not a member of this commission that 
does not realize that. 

Supt. Johnson. I want to say one more thing. It is evident that 
you all believe I am guilty of these charges. I am not charged with 
anything criminal. I ask you gentlemen to give me another chance, 
and let me show you. You can supervise my conduct and let me 



CUSHMAN SCHOOL, WASHINGTON. 367 

show you that in the future I can buiki up an institution that the 
service will be proud of. 

The Chairman. I thinlv I ought to be frank with you. Conceding 
these charges to be true, I would not be willing to do that. I will 
tell you why. I take this view of it: One who is intrusted with the 
superintendence^ and control over female pupils, and stands, as we 
say, in " loco parentis," his power for harm, when exercised by 
suggestions of inimorality, such as naturally follow in the minds of 
young girls, is, in my judgment, greater and more far reacliing than 
acts of criminal intimacy. Every consideration leads me to that 
conviction, because when one controls a position of that sort, and so 
abuses the relation as to be criminally intimate with the pupils, he 
would onlj^ deserve to be punished. But where the relationship 
is cordial, and improper suggestions by fondling and caressing chil- 
dren at the age of 14 and IT comes from one whose motive is not 
openly bad, it is liable to lead to debasement and moral degradation 
of the child. And for that reason, taking your proposition if the 
charges are true, disagreeable as it is and regrettable as it is, I feel 
that I would not be willing to make the recommendation that you 
be continued in the service. 

Siipt. Johnson. Oh the other hand, if I can not disprove them, 
am I not entitled to the benefit of the doubt? 

The Chairman. No; I would not be willing to continue a man of 
that relationship in the service, because our first duty is to the serv- 
ice, and I must have no reasonable doubt that his conduct is such as 
will promote the good of the service. Now, I thought possibly, when 
this first came to my mind, that your fondling these girls, if it had been 
true, had occurred somewhat negligently and without thought as 
to how they might regard it. I asked you that question directly 
when the commission was at Tacoma, and I remember it distinctly. 
Your answer was that it was not ; that as a matter of fact it had not 
occurred. 

Supt. Johnson. I still maintain that this hugging and kissing is 
not true. I never did anything of that kind in my life. 

The Chairman. It is ordered that the reply of Mr. H. H. Johnson, 
together with the statement and copies of the affidavits of persons and 
witnesses attached thereto, be printed as a part of the hearing. 

Exhibit A to Statement of H. H. Johnson. 

It is not my pui'pose at this time to offer evidence to you in my defense. 
This has already been submitted to my chief, the honorable Commissioner of 
Indian Affairs. 

It is my desire now to respectfully present for your earnest consideration my 
view of the events that transpired on the occasion of your visit to Tacoma. 
And right here I wish to express my appreciation of the complimentary remarks 
you passed upon my business administration and on the administration of the 
Cushman School, which I have worked so hard to make the leading school of the 
service. 

The proper safeguarding of the morals of my pupils is ever uppermost in my 
mind ; and when you presented the charge of immorality, I could do nothing but 
gasp with astonisliment, deny the charge, and ask to be confronted with my 
accusers. 

I feel that I should have been allowed to face the witnesses against me, hear 
their testimony, and should have been given opportunity for questioning them. 
This is a right accorded to the worst criminal in the land. This opportunity 
was not given me at the time I met you nor have I had such opportunity since. 



368 CUSHMAN SCHOOL, WASHINGTON. 

When I was preparing my defense to the charges 1 asked the opportunity of 
questioning the girls mentioned therein. Supervisor McChesney recognized the 
fairness of my request, but when the matron of the school was approached 
she stated with great positiveness that she would not grant my request, as she 
had been given an ironclad order by Inspector Linnen not to allow me to take 
statements from any of the girls. Supervisor McChesney did not wish to antago- 
nize the inspector, and I was powerless to force the matter. I ask you in all 
candor, "Is this fair? Is it fair to deprive any man of proper means of de- 
fense to a charge? " Why was the inspector so decidedly opposed to my inter- 
viewing the girls? If he had been sure of the girls' testimony, why should it 
have mattered to him how much I questioned them? 

Failing in being allowed to question my accusers, I requested a transcript 
of the testimony taken by your committee and by the inspector. Here again I 
was simply asking what I believe you will all concede to be my right. This 
was denied, and I was simply furnished with the direct charges. This placed 
me in the same condition that a prisoner at the bar would be in if compelled to 
plead his cause before the evidence of the prosecution is offered. 

Some— and, for aught I know, all— of you gentlemen are members of the bar. 
Is it a customary procedure for the court to examine witnesses in secret, and 
upon the testimony of these witnesses formulate the charge against a man, and 
upon his plea of " not guilty " to immediately close the case and pass .iudgment? 
I do not wish to be disrespectful, but I contend that this is, in effect, what 
happened when your committee recommended to the Commissioner of Indian 
Affairs that I be removed. It is fair to assume that your recommendation will 
have a bearing on his judgment of the case. 

I respectfully submit that inasmuch as the charges have been preferred by 
the honorable commissioner it is but fair to me for you to convey to him your 
desire that he consider my case on its merits, without regard to the previous 
action of vour committee. 

In all my actions toward my pupils I have been governed by the purest 
motives. I have conscientiously tried to do what seemed right to me. If I 
have erred, I am sincerely sorry, as I am certainly innocent of any wrong intent. 

In the full consciousness of my innocence, I rest assured of complete exonera- 
tion when my case is judged solely on its merits, with a full and fair presenta- 
tion of both sides. I am not fighting primarily for my position, but to clear 
my character and reputation. Can you, gentlemen, bring yourselves to a realiza- 
tion of what it means to a man in middle life, who has a family dependent on 
him, to have his reputation ruined? 

I have conscientiously given luore than 17 of the best years of my life to the 
service of the Government. My life and my service have been clean and honor- 
able. If I have wronged anyone, it has been unintentional, and I feel that a 
restoration of my character and reputation through a reinstatement is my due. 



Exhibit B to Statement of H. H. Johnson. 

Department of the Interior, 

Office of Indian Affairs, 
Washington, October 22, 1913. 
Mr. H. H. Johnson, 

Superintendent Cnshman Indian School, Tacoma, Wash. 
Sir: The report of Inspector E. B. Linnen, covering his investigation of 
Cushman School and reservations under your charge, has been filed, from 
which investigation the following charges are formulated and preferred against 
you: 

1. That you have at divers times acted in an improper manner toward cer- 
tain of the older Indian girl pupils in the school under your charge, in that— 

(a) On one occasion you came to the room of , age about 16 

years, when she was alone, put your arms about her, hugged and kissed her, 
and , , 

(&) While was attending Cushman School you embraced, 

hugged, and kissed her. 

(c) You embraced, hugged, caressed, and kissed , an Indian 

girl, who lived just outside the school grounds with her parents. 

(d) You came into the room of , an Indian girl pupil, in the 

dormitory when she was alone and put your arms around her. 



CUSHMAN SCHOOL, WASHINGTON. 369 

(e) You bugged and carressed \ who has since connnitted 

suicide. 

(/) You hugged and kissed , , , 

aud otlier large Indian girls. 



ig) Ou cue occasion during May, 1!)13, you went into the sui)i>ly room of the 

building in which was located; tinding her alone you i)artly 

closed the door, put your arms around her, hugged, caressed, and tried to kiss 
her and acted in a very rude and unhecoming manner. 

2. That you have paid such marked attention to as to attract 

notice and unfavorable comment by employees and pupils, in that — 

(a) You visited her in her room frequently, remaining an hour or more, 
while the door and transom were closed. 

(&) You accompanied to socials, lectures, entertainments, re- 
turning her to home in the building from dances wliich are held in the grounds. 

3. That during the ye;irs 3910, lOll. and 1912 $45 per annum, and during 
3913, $75 was paid you as funds derived from the sale of old junk and swill, 
which funds were not deposited or taken up in your accounts. 

4. That at the close of the fiscal year, in order to have the working supplies 
available for the school during the summer months, you overpaid the following 
firms: Standard Oil Co., $022.25; Hans T. Engoe, $20.10: Kasper Feldman. $42; 
Armour & Co., $33; and deliveries practically made during the first quarter of 
the current fiscal year. 

5. That for the two buildings under construction materials were purchased 
in June and vouchers for settlement were prepared and signed covering the 
entire amount and receipt of the hardware, supplies, etc., duly certified as to 
quality and quantity by F. W. Griffiths, assistant superintendent, and Wilson 
A. Herrig, manual training teacher, although, as a matter of fact, a majority 
of such building material was not delivered at the agency for a couple of 
months afterwards and does not appear to have been lu'operly checked. 

6. That you have failed to comply with the law in the matter of securing 
bids for articles such as hardware, lumber, and plumbing supplies by only send- 
ing proposals to one dealer handling each article and not procuring competitive 
bids. 

These charges are submitted to you for such answer as you may care to 
make, showing why you should not be dismissed from the service. 

File your answer within 10 days from the receipt of this letter, which you 
will promptly acknowledge. 
Respectfully. 

Cato Sells, Commissioner. 



CusHMAN Indian School. 
Tacoma, Wash., November 25. J9J3. 
The honorable Commissioner of Indian Affairs. 

Washington, D. C. 

Sir: In reply to office letter of October 22 preferring certain charges against 
me, I have the honor to make reply as follows, and to submit affidavits and 
other data to substantiate my defense. 

1. I flatly deny that at any time have I conducte<l myself in an unbecoming 
manner toward any female pupil of the school. I have always taken my posi- 
tion of ex officio guardian of the children under my charge with the utmost 
seriousness and have conscientiously tried to place myself in a iwsition of 
father and guardian to them. I have always tried to gain their confidence and 
esteem, and to so conduct myself as to be to them a true friend and adviser 
rather than the cold, harsh master. Any attentions I have shown the children 
have been prompted by the purest motives and have been, from my stand- 
point, only the exhibition of the kindly interest of the guardian for his ward. 

(a) The allegation that I hugged and kissed when she was 

alone in her room, or at any other time, is absolutely false. I have had enough 
experience with Indian girls to know that they regard being alone in a room 
with a man in a different light than do white girls. I have always made it an 
ironclad rule of action never to enter the room of one of the girls unless the 
matron or some other employee accompanied me. I never go to any part of the 
girls' dormitory except the office, halls, or playrooms without summoning the 
matron to accompany me, and this, even, seldom occurs except on the occasion of 
the regular Sunday morning inspections. 



370 CUSHMAN SCHOOL, WASHINGTON. 

is notoriously untruthful and unreliable, as is shown by the 



affidavits of , . This girl was enrolled iu this 

school by her elder brother and guardian some three or four years ago. The 
brother stated to me at the time she was placed in school that she was un- 
reliable and hard to control, and told me that it was his desire that she be 
closely watched. She has always been difficult to discipline and very resentful 
of proper supervision. 

About (wo years ago she insisted on spending her vacation with some strange 
woman, but I denied the request, as her guardian had explicitly charged me 
never to allow her to leave the school without his order. Since this incident 

would hardly speak to me. and she has been doubly hard to control, 

and she never loses an opportunity to stir up trouble among the other girls. 
Consequently she is under discipline most of the time. I can impute her 
motive in giving any testimony she may have against me to no other motive 
than a desire to cause me trouble on account of the rigid discipline that her 
actions have made necessary. 

(h) The charge that I embraced, hugged, and kissed is without 

foundation iu fact. was a small girl when T took charge of the school 

more than five years ago, and as a woman is scarcely larger than the average 
14-year old girl. She has always been slight and delicate and has had much 
trouble with her eyes. On account of these conditions she came under my 
observation more than most girls in the school. This girl has a drunken father, 
and her home conditions were bad. She came to me with her troubles, which 
drew on my sympathies. Her attitude toward me was so frank and cordial 

that she frequently called me her " school father." A few months ago 

became engaged to marry • , an exemplary young man, a graduate 

of Whitworth College. brought to me at one of the school parties 

and told me of their engagement. I was probably the first person to receive 
this news. I was particularly glad at her good fortune and so expressed 
myself. came to me voluntarily the next day and expressed his gratifica- 
tion at my appi'oval of the match. It is true that I have picked this girl up 
and carried her in my arms, but the occasion was as follows: The trouble 
with her eyes got so bad that an operation was necessary. I took her to the 
surgeon, and after the operation she could not walk, owing to the effect of the 
anesthetic and to being blindfolded. I took her in my arms as I would a child 
and carried her to the automobile. During the drive to the school I supported 
her by putting my arm around her, and when we reached the school I car- 
ried her to her room, the assistant matron accompanying us. 

On another occasion the unpleasant task fell to my lot of breaking the news 

to that a favorite brother had been fatally injured by an ex}ilosion. 

The girl was sobbing with grief, and I laid my arms across her shoulders and 
attempted to comfort her. 

Within the past few days I received a message from and her husband 

to the effect that I had her hearty sympathy, and expressing the hope that my 
suspension would soon be removed and that I would again be superintendent 
at Cushman. It is inconceivable to me that this girl has testified that she be- 
lieved that my actions toward her were other than those of a kindly interested 
guardian. 

(c) That I hugged, caressed, and kissed I emphatically declare 

a falsehood. This girl graduated from the Cushman School in June. 1909, and 
since that time I can not recall meeting her to exceed half a dozen times, ex- 
cept when I would see her in the gynmasium at the school parties, which she 
frequently attended in company with her mother. 

This girl delights in sensationalism, is given to the telling of fantastic stories 
and malicious falsehoods. She is feared even by her relatives. I invite your 

attention to the affidavits of and wife (Nos. 4 and 5), wherein 

they state that they saw a letter received by their daughter from , telling 

of her secret marriage to a young man on the Yakima Reservation. This state- 
ment was probably false, as the letter was written more than two years ago and 

still lives with her parents, and is at present engaged to be married to 

one of the older boys now attending the Cushman School. 

I also invite your attention to the affidavit of , which states that 

own near relatives are worried over her propensity to falsify. 

Now, as to the motive for this girl's testimony. A small community of In- 
dians living near the school grounds consisting of this girl's parents, uncles, andl 
grandmother, have for years been allowed to tap the school water system for 
their water supply. Two years ago the city water system was extended inta 



CUSHMAN SCHOOL, WASHINGTON. 371 

this neigbborhood. Last summer it was necessary to replace the school water 
mains through the street adjacent to these homes. Thinking it necessary to 
conserve the water supply to the use of the school only, I refused to allow these 
people to tap the new mains. This forced them to the expense of making con- 
nection with and paying for city water. Since that time the entire family 
connection has been very bitter toward me. 

{(I) I positively deny ever being in a room alone with at any 

time. In this connection I refer you to my remarks on the case of , 

wherein I state that it is my practice never to enter the room of a female pupil 
unless accompanied by another employee. 

(e) I desire to say that the statement that I "hugged and caressed" 

is not true. 

was a girl of but 14 years and small for her age. She and 

three sisters were left orphans about three years ago by the drowning of her 
father at sea. Since the death of the father these children had been obliged to 
stay in school the entire year without opportunity of a holiday. Last July an 
uncle of these girls offered to take tliem for the summer. Appreciating the good 
to be gained by the girls through the relief from institutional life for a period, 
I allowed the uncle to have the girls on his assurance that he would properly 
safeguard them. A few weeks later I learned that these girls were not having 
the proper care, and I wrote the uncle a very shai-p letter, recalling his promise 
and threatening to take the girls back to school unless they were properly 

looked after. The uncle evidently showed the letter to , and as a result 

I received a letter from • assuring me that she was conducting herself 

properly. I respectfully submit this letter (No. 41), which will surely con- 
vince you that my attitude toward was a proper one. You will note 

that the whole trend of the letter is to assure her superintendent that she was 
conducting herself as she knew I would require if she were at the school. 

(/) The girls referred to in this paragraph, with the exception of 

and , who is the same as ■ mentioned in 



paragraph (&), have been on the sewing-room detail and have come directly 

under the influence of the seamstress, . during the past two or 

three years. This is the employee that I have repeatedly informed your office 
was a troublemaker and a menace to the harmony of the institution. Re- 
ferring to the last question and its answer in the testimony of , 

you will see that she had knowledge that had discussed the 

testimony to be given against me with the girls. 

I submit that has rehearsed with these sewing-room girls the 

testimony they were to give ; that she has suggested that my attentions to them 
were not proper; that she has seized upon my proper interest in the pupils 
and twisted it to make it look like evil. Something over two years ago 



managed the Employees" Club, receiving as a compensation board for 
her 10-year-old daughter. Her management being unsatisfactory, the members 
of the club selected a new manager. This embittered her and she made it so 
unpleasant for the new club manager that it became necessary for me to 
reprimand her. Since that time the sewing room has become the center of an 
unrest and antagonism to the school management. Conditions became so bad 
that some time last April I called her to my office and reprimanded her more 
severely than I ever before felt it necessary to reprimand an employee. In 
this atmosphere the minds of these girls were poisoned against me, and I have 
no doubt that they have rehei'.rsed with this woman the very words they were 
to use in testifying against me when opportunity offered. You will notice that 
this woman's charge against me (i. e., that I attempted to hug and kiss her) 
is identical with those charges brought by the girls, notwithstanding the fact 
that she has been my open and avowed enemy for at least two years. You will 
also see that no other female employee accuses me of this. This convinces me 
that this woman has deliberately conspired to do me injury. 

As to , I deny the charge of hugging and kissing her. I invite 

your attention to the testimony of , wherein she states that ■ 

is unreliable and untruthful. 

As to , I deny that I ever hugged and kissed her. is 

about 20 years of age and is probably the most beautiful and attractive girl 
th;it ever attended the Cushman School. She graduated in 1910 and has since 

lived at the school while attending high school. has developed into 

a young woman of sterling character. I can not conceive that this young 
woman would accuse me of undue familiarity with her. She has not been un- 
der the direction of the seamstress for at least three years. I deny that I ever 



■372 CUSHMAN SCHOOL, WASHINGTON. 

hugged or kissed . Duriug Iier last year in school this girl was 

under the most severe discipline on at least two occasions. On one occasion 
she escaped from the dormitory by climbing down a porch post and laid out 
all nii,'ht with a young man. The other occasion occurred at the beginning of 

graduation week. ran away Avith a young man and spent the afternoon 

in the city. My first thought was to refuse to give her her diploma, but as 
that seemed unduly severe. I decided to prohibit her from attending any of the 
class activities and merely allowed her to depart for home with her diploma. 
She left the school in a bitter frame of mind. These facts should be borne in 
mind when weighing her evidence. 

In this connection I again refer you to the testimony of as to the 

truthfulness of ■ I also refer you to the testimony of 

in the same connection. 

I deny ever having hugged or kissed . was the chum 

and close friend of , mentioned above, and was a party to all of 

escapades. Concerning the truthfulness of , I again refer 

you to the testimony of the matron of the school, ; also the 

testimony of . 

(g) The statement that I was in any way familiar with , m 

May, 1913, or at any other time is absurd on its face, and I absolutely deny 
it. This charge shows to what lengths a vicious, unscrupulous woman will go. 
I have repeatedly had to reprimand this woman during the past two years. 

Some time in April, 1913, I called to my office and gave her the 

severest reprimand that I ever administered to an employee. In May, 1913, 
the identical month in which she charges familiarity, your office sent her a 
letter through me censuring her for her propensity to make trouble and warn- 
ing her of the consequences, thereby showing her to a certainty that I had 
reported against her. Is it conceivable that I would attempt familiarity with 
and thereby place myself in the power of a woman who had given me as much 

trouble as • has, and who was aware of the fact that I was trying 

to bring about her transfer? 

I was absent from the school grounds the entire month of INIay, 1913, except 
May 5 to 11, inclusive. During the time just mentioned the office work was so 
pressing that I was unable to visit any of the departments. I unequivocally 

state that I was not in the building in which was located at any 

time in May, 1913. 

In summing up, I call your attention to the fact that all of the girls cited 
but two are not worthy of credence, and, with these two exceptions, they repre- 
sent the least desirable element in the student body. These girls are easily 
influenced by flattery and attention. They have no high sense of honor. Repu- 
tation means little to them. In a court of law their united testimony would nr 
couvict a man charged with a minor offense. Along this line, I submit a letter 
(No. 42) from one of the most reputable members of the Tacoma bar. Hoi 
B. W. Coiner, at one time prosecuting attorney of Pierce County, later Unite' 
States attorney for the southwestern district of Washington. 

As superintendent of the Cushman School, my every action on the camput 
is noted by the employees. It is impossible for me to go about the school plant 
without being constantly under observation. It follows that the employees ot 
the school must know more about my actions and demeanor toward employees 
and pupils than anyone else. I respectfully represent that it would be impos- 
sible for the conditions alleged to exist without some of the employees being 
cognizant thereof. 

I herewith offer the testimony of 38 employees and former employees. These 
people have appeared before Supervisor McChesney since my suspension from 
oflBce, and you will observe thai unanimously they state that they have no 
knowledge of misconduct on mj part toward any female pupil of the school. 
But two of the employees in their testimony refer to what they please to term 
an indiscretion toward a female employee. The affidavits Nos. 1 to 37, in- 
clusive, mentioned above, include every employee of the school (except 

) who has been on the grounds longer than three months. It must be 

borne in mind that this testimony was taken after my suspension and when 
I had no means of influencing the testimony. I maintain that no immorality 
has been proven; that I have explained satisfactorily every charge against me. 

I respectfully represent that the examination by the inspector of the wit- 
nesses was unfair to me. I was not allowed to face my accusers, and no 
transcript of the testimony against me has ever been placed at my disposal. 
I am compelled to fight my battle in the dark. The witnesses against me 



CUSHMAN SCHOOL, WASHINGTON. 373 

were picked from my enemies, those whom it was reasonable to supijose would 
do me an injury if possible. I liave been led to believe that the witnesses 
against me were promised that their testimony would be held c-onfidential, and 
they need never fear any unpleasant consequences as a result of anything 
they might say. I contend that this is a license to untruthfulness aud slander. 

It is doubtful if I can make your office understand the effect upon Indian 
girls of attentions bestowed ujion them by men of the appearance and presence 
of Inspector Linnen. They are unused to automobile I'ides, gallautr.y, and oft'er- 
ings of expensive bonbons and confections which the white girl accepts as a 
matter of course. These Indian girls were influenced by this treatment to make 
any statements that they thought were expected of them, and I now submit that 
Mr. Linnen is a master at securing just the shade of evidence he desires from 
a witness. As a prosecutor. Mr. Linnen shines preeminent. Investigation, or 
the procuring of all the facts bearing upon the case, does not seem to concern 
him. Witness, he diligently avoided my friends, or those whom it would be 
supposed would give evidence in my favor, and confined his inquiries into my 
mode of life and character to my enemies. 

That Mr. Linnen gave expensive candies to some of the girl witnesses is set 
forth in the affidavit of F. W. Griffiths (No. 2) and • (No. 38). 

You will observe l)y the affidavit of F. W. Griffiths (No. 2). who is assistant 
superintendent of the Cushman School, that he was questioned by Mr. Linnen 
only about some details regarding administration, and though he has been 
more in my company than any other employee, was almost continually with 
me, except when I was in my home, and who would be expected to know the 
most about my personal habits, yet Mr. Linnen did not see fit to ask him one 
question about my actions toward female pupils or employees, or about my 
personal life. 

I invite your attention to the testimony of an Indian girl. 

(No. 40), wherein she states that she made a statement before Supervisor 
McChesney at 8 o'clock Thursday morning, October 30, and another statement 
at 11 o'clock the same day. The first statement was soon after her arrival 
at the school and before anyone had talked to her about the case. The second 

statement was after she had discussed the case with . I have 

been given to understand that the first statement was favorable to me, and that 
the statement made after her talk with was damaging. In sup- 
port of this. I offer the statement of Supervisor McChesney (No. 43). 

At this point I wish to invite your attention to the testimony of 

(No. 39). who admits that she talked with about the testimony she was 

to give against me. I also invite your attention to the testimony of 

, who also admits that she talked to about the testimony she 



jivas to give. It is apparent that she impressed upon that the 

>lessou learned was to be repeated verbatum. Her reply to my question is 
'^very significant, i. e. " whatever statements you make to one person, you must 
''jimake the same to another." 
•^ Here is the testimony from the persons concerned that this one witness, 

, , was tampered with. It is reasonable to suppose that the same 

riersons tampered with other witnesses. 

I contend that the flattering attentions of Inspector Linnen toward the In- 
dian girl witnesses, his purchase of candy for them, the fact that one witness 
was tampered with, and the reasonable presumption that others were also in- 
fluenced, and the unfair method of procedure warrants me in demanding the 
charges of improper conduct toward Indian pupils be dismissed and that I be 
exonerated. 

2. That I have paid any attention to ■ other than that 

proper to a friend of myself and my wife I brand as a falsehood. That any 
comment that arose therefrom emanated from a vicious female employee. 

(a) I have visited room not more than two or three times during 

the past year, and then on business, remaining only a few minutes. It Is 
true that during a period of about three months about two years ago I was 

with ■ in her room possibly a dozen times. The circumstances wei'e 

as follows: , the husband of , was one of the most valu- 
able employees I have ever had work for me. He was also a dear personal 

friend. He died in 1910, and was transferred to the Cushman School. 

left an estate that was somewhat involved, and appealed to me 

to aid her in her business affairs. During the latter part of 1911. or the early 
part of 1912, I spent a ]iortion of several evenings in her room conferring with 

35G01— PT 3—14 11 



374 CUSHMAN SCHOOL, WASHINGTON. 

her regardiug the settlement of this estate. After a. time I discovered that 

was spreading slanderous stories about my being in room, and 

at my suggestion our meetings thereafter were in my home and in the presence 
of my wife. (See No. 23.) 

(b) That I frequently accompanietl to lectures, entertainments, and 

socials is not true. On one occasion one of the members of the Employees' 
Literary Club invited the club to be his guests at an entertainment in the 
city. About 20 of the employees accepted the invitation, and we went to the 
entertainment and returned therefrom in a body. I did not consider that 

I was escort, although it is true that I sat beside her in the car and 

during the entertainment. 

At my request the employees attend the pupils' dances. The employees go 
to the dances at the same hour. It is my habit to attend these dances, 
although I do not dance. I can recall a few occasions within the past three 

years when I have chanced to fall in with on the sidewallv, and we 

have walked to the dance hall together. At the close of the dance the em- 
ployees usually leave the hall in a body, and occasionally I have walked with 
the crowd on my wa.y home, which necessitated my passing the employees' 
quarters. On a few such occasions I have walked beside . 

I wish to make a further statement regarding relations to my family, 

which may explain what may have been construed as attention to her. 

husband died in August, 1910, and in November of the same year my wife 
and I lost a dear little boy, 6 years of age. The bereavement of my wife 

and dre\y them together, and they became very much attached to 

each other. She has spent much time in our home as the guest of my wife. 

influence seemed to cheer my wife, and their conpanionship grew 

into a close attaclunent to each other. For tlie past two years has 

spent a portion of lier vacation with my wife at our summer camp. How- 
ever, I was present very little, as my work kept me at the school. 

Any civilities I show to ■ are simply those that any man should show 

to a guest and friend of his wife. Mrs. Johnson is fully cognizant of and 
approves the courtesies I extend to . 

3. It is true that the money derived from the sale of swill and junk dur- 
ing the years 1010, 1011, 1912, and 1913, amounting to $210, was not deposited 
or taken up in my accounts. I am aware that this is irregular, hut it is, 
I believe, a frequent practice in the service. There are few agencies of which 
I have knowledge that do not have a small fund similar to this, commonly 
known as the " slush fund," which the superintendent uses for small purchases 
for which it is difiicult to obtain authority. 

The money mentioned above was used for the following purposes: To pay 
the street car fare of pupils to and from Point Defiance Park on the occasion 
of the annual school picnic, and to pay for materials for the picnic dinner. 
Also to pay car and railroad fare of our ball and athletic teams when playing 
games away from home; our athletic activities being in the amateur class do 
not bring in any revenue. Also for paying car fare of students in the various 
trades upon the occasion of their visits to various manufacturing plants. A 
small amount of the money was also used to buy small office accessories and 
supplies. Every cent of this money was used for the benefit of the school. 
The money was handled by the cliief clerk and never actually came into my 
bands. I submit herewith the affidavit of the chief clerk (No. 44) covering 
this point. 

4. That I overpaid the Standard Oil Co. on June 80, in the amount of $622.25, 
is true; but I desire to offer in justification the following: Our stcn-age capacity 
for fuel oil is limited, and it was absolutely necessary to have sufficient fuel 
available to run the plant until the contract for 1914 could be awarded and 
approved by your office. It is always necessary to have some heat at night to 
operate the electric lighting plant and to run the shop machinery and laundry. 
The amount mentioned above was available for expenditure anil wmild lapse 
with the close of the fiscal year, and in view of the tueager ai»!'i'»pi'iation it 
was necessary to conserve every dollar available. Moreover, the price of oil 
for 1914 had increased 3 cents per barrel, and it was a direct saving to the 
Government to purchase at this ti-me. Not to have purchased at this time 
would have necessitated emergency purchases until such time as the contract 
might be approved. The contract for fuel oil for 1914 has not been approved 
at this date. I submit herewith delivery tickets (No. 45) to prove that this 
oil has all been delivered; i. e., 582 barrels, at $1.07. 



CUSHMAN SCHOOL, WASHINGTON. 375 

It is true that Hans T. Engoe was overpaid $20.10. Tliis was for yeast 
wliicli was absolutely necessary for the making of bread for the children's 
table. To have not made this overpayment would have necessitated emergency 
purchases of yeast twice each week until the contract for 1914 was awarded 
and approved, which was not done until October 23, 1913. As in the case of 
fuel oil, the money used to purchase this yeast would have lapsed June 30 
and would not have been available for expenditure. I submit herewith the 
statement of account (No. 46) with Hans T. Engoe, which shows .$10.05 still 
due the Government on November 1. 

It is true that Kasper Feldman was overpaid $42. It was absolutely neces- 
sary to have deliveries of milk every day for use in the kitchen and for the 
sicli in the hospital. Not to have obtained this credit with Mr. Feldman would 
have necessitated daily emergency purchases until the contract for 1914 was 
awarded and approved. This contract was not approved up to the time that 
this overpayment was absorbed. I submit the athdavit of Kasper Feldmau 
(No. 47), showing that the delivery of 180 gallons of milk was made during 
July and August, which delivery amounted to $42. 

The payment to Armour & Co. of $33 was not in reality an ovei'payment. I 
submit a statement of this account (No. 48) covering the period from April 
1 to September 26. The deliveries which were made on July 7 and 10 were 
ordered to be delivered before June 30, but the delivery was delayed through 
no fault of mine. The delivery of the check was not made until the goods were 
delivered, as shown by the credit dated July 10, upon which date the delivery 
was completed. 

I contend that, although the strict letter of the regulations has been violated, 
yet it was necessary that working supplies might be available for the school 
during the summer months, and in every case the supplies were necessary for 
the preservation of the life and health of the pupils of the school. I further 
contend that my action in this matter was for the best interest of the school, 
that I have shown that every dollar has been honestly expended, and that the 
interests of the service have been conserved. 

5. I admit that some of the vouchers for the two buildings under construc- 
tion were signed before all of the material was delivered, but I offer the 
following explanation and justitication : 

When in Washington in December, 1912, it was decided to erect these two 
buildings by purchase of material in the open market, the labor to be performed 
mainly by pupils and employees. I urgently insisted that the plans be fur- 
nished me with the utmost ^expetlition in order that the buildings might be 
completed within the fiscal year. Had these plans and authority to construct 
been forthcoming by Maix-h'l, as I was led to believe would be the case, the 
material could have been on the ground and the buildings well toward com- 
pletion by June 30. 

The plans were delayed, so that it was impossible to make request for author- 
ity until April 17. When I forwarded the request for authority, I urged the 
utmost haste, as the end of the fiscal year was rapidly approaching. When 
in Washington, I arguetl with your office that the provisions of circular No. 
675 should be waived in the purchase of this material, and my contention was 
agreed to. To my surprise, I received a letter from your office, dated May 5 
(educatlon-supplief=^50926-1913. 50997-191 .3-M. A. S.), instructing me to com- 
ply with circular No. 675. I wrote a vigorous protest, under date of May 12, 
again pointing out the shortness of the time in which purchase could be made. 
Authority to make purchase of this material did not reach me until May 28. 
I immediately issued invitations to bidders which were dated as follows: 
May 29, 31, and June 3. The contracts were let at the earliest possible moment 
and deliveries began immediately. I daily urged all contractors to rush de- 
liveries, and expected that all material would be on the ground before my ac- 
counts would be forwarded on July 20. Excavations were made for the build- 
ings and the concrete work completed, and material came rapidly until our stor- 
age was filled to its utmost capacity. To have permitted further deliveries 
would have compelled us to have exposed the material to the weather, which 
would have caused great damage. The millwork and finish was all manu- 
factured and was being held in the storehouses of the mills awaiting my order, 
as we had no proper place to store it. When the time to close the accounts 
arrived, I was forced to accomplish these vouchers in order to save the funds 
from lapsing and leaving me without means to pay indebtednes-s incurred. 



376 CUSHMAN SCHOOL, WASHINGTON. 

For the most part the contractors stood ready to make delivery, but at my 
instance held the material in their own warehouses because we had no place 
to store it. In most cases the checks for this material remained in my pos- 
session until delivery was completed. However. I recall two instances where 
all material was not actually on the school grounds before the checks were 
surrendered. Not having decided upon some of the colors to be used, there was 
a delay in the delivery of a small portion of the paints. The company fur- 
nishing the millwork. having completed the manufacture, stood ready to make 
delivery and I construed were entitled to their pay, although some of the 
goods were still stored in their warehouse at my request. By pursuing the 
above course. I was enabled to get these buildings under roof before the rainy 
season began. Had these available funds lapsed, these contracts entered into 
in good faith must have remained incompleted for months, because there was 
no means of knowing that sufficient funds would be available from the 1914 
apportionments until late in the fiscal year and an injustice thereby would 
have been done these contractors. In addition thereto the excavation would 
Jiave filled with water, the walls would have deteriorated, and the material 
already on the ground would have been damaged. I was confronted with the 
alternative of allowing Government property to deteriorate or to have the 
deliveries completed after July 1, so that the buildings could proceed, and 
thereby commit a technical irregularity. Good business administration seemed 
to dictate that protection of Government property was of more importance 
than a strict compliance with regulations. As to the material not being prop- 
erly checked, I herewith submit the affidavits of W. A. Hennig, manual train- 
ing teacher, and W. E. Porter, engineer, which set forth that they checked all 
of the material delivered. (See affidavits No. 49 and No. 50.) 

To support my contention that the erection of these buildings has been eco- 
nomical. I submit herewith a letter from one of the leading architects of 
Tacoma (No. 51) containing an estimate of what these buildings would cost 
under ordinary conditions. "Mr. BuUard estimates the cottage as constructed 
should cost at least $6,750. whereas our books show the cost to be slightly more 
than $4,200. 

The flat building he estimates at over $9,600. Our books show the cost to be 
less than $5,300. 

It is self-evident that the cost of these buildings has been kei)t so low that 
there could be no possible dishonesty connected with their erection. 

6. I can recall no instance where competitive bids were not obtained when 
it was practicable to do so. When bids were secured from only one dealer, 
purchase was made under B-4b ; i. e., "only one dealer in the vicinity who 
handled the article." In the matter of hardware, plumbing goods, steamfitting 
goods, and paints, there is only one wholesale house in Tacoma handling each 
of these articles. Experience has shown that it is useless to ask retail houses 
to compete with the wholesaler, as we can secure the same prices from the 
wholesale house as is given the retailer. 

With regard to the reference made to the signing of certificates of inspection, 
etc., by various employees. I wish to state that this was done at my suggestion, 
and I assume the whole responsibility. I do not wish any odium to attach to 
any employee through any act performed at my suggestion. 

In the riiain I have admitted the irregularities as charged. Regulations are 
promulgated for the guidance of officials in administering business along uni- 
form lines. It must be admitted that occasionally circumstances arise when 
it seems necessary for an official to technically violate regulations in the inter- 
est of good administration. I insist that the occasion did arise and that good 
administration demanded that I give the true interests of the service precedence 
over the technicalities of regulations. If I have erred in these instances, it 
can not be serious, for your office makes no charge of dishonesty, neither does 
it make the charge that the interests of the Government were not protected. 
In fact, I have proved that I have saved the Government money, particularly 
in the purchase of fuel oil. 

Inasmuch as I have shown that the interests of the Government were fos- 
tered, and inasmuch as no dishonesty is alleged, I contend that the charges of 
irregularity may property and should be waived. 

As the charges impeach my moral character and my business integrity it 
seems proper to present for your consideration letters from business men, from 
professional men of high standing, and from representatives of the religious 
and moral activities of the community. It will be apparent to your office that 



CUSHMAN SCHOOL, WASHINGTON. 3'i7 

unless my standing in tlie counuunity was of tlie hi^liest I cmild not Liave 
obtained such letters, especially while under suspension. 

I wish to call your particular attention to the connnunication from the 
Young Womeus Christian Association. These people are in a position to 
know, as for more than a year they have been doing religious work among 
the Indian girls on the grounds. 

I also call your attention to the letter of Mrs. Winifred S. Covell, public 
morals otiicer of the city of Tacoma. Mrs. Covell's duties compel her to be in 
touch with the moral "conditions surrounding the young women of Tacoma. 
If moral conditions were not right in an institution the size of thj Cushman 
School, this woman would certainly know it. 

I also call your attention to letters from a number of clergymen of the city. 

The resolution of the Tacoma Commercial Club speaks for itself. This club 
is composed of about 3.500 of the business and professional men of Tacoma. 

In closing I desire to state that I feel that the foregoing successfully refutes 
the charges brought against me, and taking into consideration my record during 
17^ years of faithful service, I feel assured that your oftice can do nothing else 
thJin remove the suspension and reinstate m^ as superintendent of the Cushman 
School. 

Very respectfully, 

H. H. Johnson. 

Personally appeared before me H. H. Johnson, who first being duly sworn, 
deposes and says that the statements hc'rein contained are true to the best of 
his knowledge and belief. 

Ch.\s. E. McCiiesney, 

Supervisor Indian Schools. 
Tacoma, Wash.. November 25. 1913. 



In cases where testimony is by questions and answers the qnestious were 
asked by Supt. Johnson. 

, being called as a witness, testified as follows : 

Q. How long have you been acquainted with me, INIiss V- A. I think 

about 17 years. 

Q. Where was it when you first became acquainted with me.' — A. Omaha 
School and Agency. 

Q. What was the nature of your work and mine when yon first became 
acquainted with me?— A. You were manual training teacher and I was cook. 

Q. In this position I had charge of the discipline, did I notV— A. Yes. sir. 

Q. You saw a good deal of my work? — A. Yes. 

Q. How long were you at the school? — A. About two years. 

Q. During the time we worked at the Omaha School did you ever see me 
commit any act of impropriety? — A. I did not. 

Q. Where were we next thrown together? — ^A. At Otoe. 

Q. How did you come to Otoe? — A. You asked me to come there— that is, 
you asked me if I would go there. 

Q. You were at Otoe how long?- A. About three years. 

Q. While at Otoe did you ever see me commit any questionable act?— A. I 
never did. 

Q. From Otoe, where did you go?— A. Dulce. N. :\Iex. 

Q. How long were you in Dulce?— A. At that time I was there about five 
months; then I went away and stayed away about two and a half years, and 
then I came back and stayed two and a half years. 

Q. While in New Mexico were any of my actions questionable? — A. I did not 
see anything that would be questionable. 

Q. From New Mexico where did you go?— A. I came to Tacoma, Wash. 

Q. With whom did you make the trip?— A. With you from Denver. 

Q. Did you see me do any act of impropriety on that trip?— A. I did not. 

Q. Were my actions toward you improper? — A. No. sir. 

Q. How long have you been here at Cushman?— A. Five years last May. 

Q. Have you ever seen me commit any act that was questionable here at 
Cushman? — A. I have not seen anything questionable. 

Q. Have you ever seen me do anything that was considered improper? — A. I 
can not say that I have. Of course I have seen you put your arms around some 
girls, but at the time I did nut think anything about it. 



378 CUSHMAN SCHOOL, WASHINGTON. 

Q. This was done in your presence? — A. It was done in my presence and in 
the pi'esence of other girls. 

Q. About how often do I visit the girls' building? — A. Not very often within 
the last year. 

Q. Other than the Sunday morning inspections, how often have I been 
there? — A. You have not been there very often within the last year. 

Q. Would it average once a week? — A. Perhaps it would. 

Q. Is it not a fact that if I made frequent trips to the girls' building you 
would Ivuow about it?— A. I think I would. 

Q. When I came to the girls' building what did I usually do first; that is, 
other than the Sunday morning inspection? — A. You have come to my room 
and then again you have gone to the girls' playroom. 

Q. Is it not my custom to send a girl to look for you? — A. Yes; you do. When 
you come for business you do that. 

Q. I would like to have you state as to the truthfulness of . — 

A. does not always tell the truth. 

Q. Is a girl you can always dejiend upon? — A. I have known 

to say tilings that were not true. 

Q. How about ? — A. I have known her to say things that were 

not true. 

Q. How about — ? — A. I have not had much to do with 



Q. How about ? — A. She did not always tell the truth. 

Q. Is it not a fact that the girls that I have just mentioned made you more 
trouble than the other girls? — A. I might say that of them aside from 



Q. Have they often been the subjects of discipline? — A. These girls have. 

Q. Severe discipline? — A. Yes. 

Q. Do they make trouble among other girls? — A. Yes; they have, under my 
jurisdiction. 

Q. Have you seen tliese girls since this investigation started and talked over 
the testimony that was given against me? — A. I have not, aside from what I 

told • the other morning. I told her that whatever statements 

she made to one person she must make the same to others. 

Q. Who was present — A. No one. 

Q. You told her this? — A. I told her that whatever statements you make 
to one iDersou you must make the same to another. 

Q. Do you know of any other employee that has talked with the pupils 
about the testimony that was given against me? — A. I can not swear that I 
know. I heard there was. but I was not present when it was done. 

Q. Do you know whether tliis has been the subject of discussion among 
employees and pupils? — A. I have not heard it discussed. 

Q. Did say that she had discussed this matter with the girls? — A. 

She did. 



Subscribed and sworn to before me this .3d day of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesney. 

Supervisor Indian Schools. 

State of Washington, County of Pierce, ss: 

F. W. GrifBths, of lawful age, being first duly sworn, deposes and says: 

I am assistant superintendent and disciplinarian at the Cushman Indian 
School, Tacoma, Wash. I have known Mr. Johnson for over five years. As his 
assistant I have enjoyed his confidence and been more in his company than that 
of any other man. He has not only discussed school and agency work with me, 
but also his personal affairs. I have known all his plans. His evenings have 
for the most part been spent in my company. In fact the school work was 
usually discussed during the evenings, the daytime being used in routine work. 

I always accompanied him on the regular inspections and have had unlimited 
opportunity to observe his actions toward employees and pupils. 

Mr. Johnson is a very sympathetic man and has frequently told me that were 
he to consult his inclinations he would be too lenient for a superintendent; that 
it was only by appealing to his own reason and judgment that he was able to 
properly administer his office. I have frequently seen him place his hand on a 
pupil's shoulder to encourage or comfort him. Girls in trouble about family 
matters or about school difliculties were very free in coming to Mr. Johnson 



CUSHMA.N SCHOOL, WASHINGTON. 379 

for advice. With tliese cliildren lie has always been most considerate, and, so 
it seemed to me. enjoyed their confidence to the fullest. 

Occasionally he has in my presence put his arm across the shoulders of these 
girls and consoled or advised them, much as a father or guardian would be 
expected to do. Never did the faintest suspicion ever enter my mind that he 
ever thought of anything but the welfare of the child, and I am convinced that 
no improper thought entered the pupils' minds, for I have never seen a girl 
avoid him or seek to pass him unnoticed, but, on the other hand, all seemed 
anxious to greet him as he passed. 

I frequently drive the school automobile, and during the recent investigation 
by Mr. Linnen, when Mr. Johnson placed the machine at the inspector's dis- 
posal, I acted as the driver. With Mr. Linnen I toolv the young lady, 

_ and , a schoolgirl, to the Tacoma Hotel, presumably for 

examination. I waited in the lobby of the hotel. I saw Mr. Liinien buy from 
the hotel stores two boxes of candy and take them into the room where the 
girls were. When the girls came out I noticed boxes of candy in their hands 
that resembled those bought by Mr. Linnen. and the inspector had none. This 
impressed itself upon me at the time, for I knew the effect of much attention, 
automobile rides, and candy upon Indian giiis not used to such treatment. 
Afterwards I heard that these girls had given damaging testimony against Mr. 
Johnson. 

When Mr. Linnen questioned me about Supt. Johnson he cttntined liis discus- 
sion to the irregularities of accounts, and asked no questions concerning Mr. 
Johnson's attitude to the girls of the school nor to his attentions to female 
employees. I fully expected to be questioned upon these matters because of my 
intimate knowledge of Mr. Johnson's movements. 

In justice to Mr. Johnson I desire to state that I have never seen him act in 
an improper manner to any female pupil. I also state that I have never seen 
Mr. Johnson take any liberties with any female employee; that I have never 
seen him act in any but a gentlemanly manner to anybody; that he is uniformly 
courteous and considerate to all. I have absolute confidence in Mr. Johnson's 
business integrity. He has discussed very freely with me the business affairs 
of the school. lie has never made any proposition that savored in the slightest 
of dishonesty. In fact he has carefully avoided even the appearance of any- 
thing that would not bear the closest scrutiny. 

I have frequently been away from the school witli Mr. Johnson. His conduct 
on those occasionshas alwavs been that of a gentleman. 

F. W. Griffiths. 

Subscribed and sworn to before me this 20th d;iy of November, 1913, at 
Tacoma. Wash. 

Chas. E. McChesney. 
Supervisor of Indian Schools. 

, being called as witness testified as follows: 

Q. What is you ageV— A. Twenty-five years. 

Q Are vou of Indian blood?— A. I am a Skokomish Indian of the half blood. 

Q. Are you a graduate of the Cushman School?— A. Yes. I graduated m 

Q.'what have vou done since graduation?— A. I attended the Tacoma High 
School from 1906 to 1910, occupied the position of cook at Cushman for nine 
months; attended the State college at Pullman one year, and have smce lived 
in your family. 

Q. How long have you lived as a member of my family?— A. About four years 

Q. While you were in my house how were you treated?— A. As a member of 

Q During the entire time you have been a member of my family, have I made 
any improper advances toward you?— A. Never; you have treated me as con- 
siderately as if I were your own daughter. ■, ^ ^^.^ 

Q. Have you ever seen me commit any act toward any female pupil ot the 
school which you could criticize?— A. I never have. 

Q. Have you ever seen me act in an improper manner toward any temaie 
employee of the school? — A. No. 

Q. Do you consider a truthful girl?-A. I have seen consider- 
able of and I regard her as deceitful and unreliable. 

Q, How about ?— A. She was a small girl when I was in school 

and'l do not feel that I know her well enough to express an opinion. 



380 CUSHMAN SCHOOL, WASHINGTON. 

Q. Do you regard as truthful? — A. She was also a small girl 

and I can not say. 

Q. What can you say of ? — A. — was regarded as a bad 

girl when she was small. 

Q. Do you feel acquainted with — • ? — A. Yes. She belongs to my 

tribe. She has a good father and mother, but she is generally regarded as unre- 
liable and wild. 

Q. Is truthful? — A. spent two summers on the Skoko- 

mish Reservation. Slie was there regarded as a bad untruthful girl. 

Q. What do you know about ? — A. Personally, I know very 

little. I am well acquainted with her aimts, , , — . I have 

frequently heard all of these women express themselves as being very sorry 

that was so much given to telling falsehoods. They also said that she 

was particularly bad in respect to telling malicious stories calculated to make 
trouble. 

Q. You are an Indian girl. Please state whether or not Indian girls are given 
to telling sensational stories regarding their experiences. — A. The average In- 
dian girl likes to appear sensational among her friends. She means no harm, 
but often allows her imagination to lead her to exaggeration. 



Subscribed and sworn to before me this 7th day of November, 1913, at Ta- 
coma, Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 

S. E. Crane, being called as a witness, testified as follows: 

Q. How long have you known me, Mr. Crane? — A. Seven years and two 
months. 

Q. In what capacity were you employed at the Cushman School? — A. Day- 
school carpenter. 

Q. How long were you here? — A. From August, 1908, to the 1st of September. 
1911. 

Q. During all the time that you have known me, have you ever known me 
to commit any improper act toward any female pupil of the school? — A. I 
have not. 

Q. Have you ever known me to connnit any improper act toward any female 
employee of the school? — A. I have not. 

Q. Are you acquainted with L. F. Wiecking? — A. Yes, sir. 

Q. You had a conversation some time ago with Mr. Wiecking. did vou not? — 
A. Yes. 

Q. What was the substance of that conversation? — A. We were talking about 
the civil service, and I made the remark that I was afraid that they would get 
Mr. Johnson, and Mr. Wiecking said that he hoped they would. I said, I hope 
they don't. He stated that he thought that Mr. Johnson did not treat him just 
right, and I told him that he probably brought the trouble on himself. 

Q. Do you know ■ — ■?— A. Yes. 

Q. When you lived at the school did she visit at your home? — A. Quite fre- 
quently. 

Q. Did you ever hear that had been married? — A. I'es : she wrote 

that in a letter to my daughter. 

Q. About when was this letter written? — A. It was written in September, 
1911. from Wapato, over in the Yakima country. 

Q. Please state, as nearly as you can, what said in the letter. — A. She 

said : " I have a secret to tell you. I was secretly married, unbeknown to my 
parents, to a young man here. I won't tell you his name, but I will give you 

my new initials, . Please keep it a secret. Our folks do not know that 

I was married." 

Q. By whom was this letter signed? — A. It was signed by . 

Q. To whom was this letter written? — A. To my daughter. 

S. E. Crane. 

Subscribed and sworn to before me this 13th day of November, 1913, at 
Tacoma. Wash. 

CriAS. E. McChesney, 

Supervisor Indian ScJiools. 



nUSHMAN SCHOOL, WASHINGTON. 381 

Mrs. , being called as a witness, testified as follows: 

Q. How long did you live on the school grounds, Mrs. ? — A. From 

August, 1908, to September, 1911. 

Q. While you lived here you visited around the buildings with the em- 
ployees and pupils, did you not? — A. Yes; once in a while I did. 

Q. Did you ever know me to commit any improper act toward any female 
pupil of the school? — A. No, sir. 

Q. Did you ever know me to commit any improper act toward any female 
employee of the school? — A. No, sir. 

Q. You know , do you not? — A. I do. 

Q. AVas she a friend and companion of your daughter? — A. Well, not exactly 
a companion ; she came often to the house, and the girls played and sang. 

Q. Did your daughter correspond with ? — A. Well, I think she got one 

or two letters and a postal card from . 

Q. In one of these letters was there any information that was a surprise? — A. 

There was. told that she had a secret to tell; that she 

was secretly married to a young man where she was. but she would not give 
her name, as she did not want her people to know of it. 

Q. About when was this letter wn-itten? — A. It was written about September, 
1911. 

Q. Your daughter felt sure that this letter was from ? — A. 

Yes; she did. The letter was signed " ," and there was no one else over 

there that she knew. 

Q. When your daughter received this letter did she immediately show it to 
you?— A. She did. 

Q. What did she say regarding it? — A. She just threw up her hands and 
said, " I knew that would never marry John Cami)hell." 



Subscribed and sworn to before me this 1.3th day of November, 1913, at 
Tacoma, Wash. 

Chas. B. McChesney, 

Supervisor Indian Schools. 

James P. Bales, being called as a witness, testified as follows: 

Q. What is your position? — A. Day-school carpenter. 

Q. Your family lives on the school grounds? — ^A. Yes, sir. 

Q. You are on the school grounds when not at work on the reservations? — 
A. Yes. 

Q. How long have you known me, Mr. Bales? — A. Something over five years. 

Q. During the time you have known me have you ever seen me commit any 
act of impropriety toward any female pupil of the school? — A. I have not. 

Q. Have you ever seen me commit any act of impropriety toward any female 
employee of the school?— A. I have not. 

Q. Have you ever seen me do anything that an honorable gentleman should 
not do? — A. I have not. 

James P. Baljss. 

Subscribed and sworn to before me this 4th day of November, 1913, at Tacoma, 
Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 

W^iLsoN A. IlENNKi, being called as a witness, testified as follows: 

Q. What is your position? — A. Manual-training teacher. 

Q. How long have you known me? — A. Since August, 1911. 

Q. Have you ever seen anything improper in my conduct toward the female 
pupils of the school? — A. I have not; not in any manner whatever. 

Q. Have you ever seen anything improper in my conduct toward the female 
employees of the school? — A. I have not. 

Q. Have you ever seen anything in my conduct at any time or at any place 
that was other than the conduct of an honorable gentleman? — A. I have not. 

W^ILSON A. Hennig. 

Subscribed and sworn to before me this 3d day of November, 1913, at Tacoma^ 
Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 



382 CUSHMAN SCHOOL, WASHINGTON. 

, being called as witness, testified as follows: 

Q. What is your position? — A. School cook. 

Q. How long have you known me? — A. Two years last July. 

Q. I come about the school kitchen, do I not? — A. Yes, sir; you do. 

Q. What is my demeanor toward the girls of the school? — A. I have seen you 
talk pleasantly with the girls, and you joke with them. 

Q. During the time you have known me, have you seen me commit any act 
toward any female pupil of the school that you would in any way call im- 
proper? — A. I never have. 

Q. Have you ever seen me commit any act toward any female employee of 
the school that you would consider improper? — A. I never have. 

Q. Have you ever seen any act of mine anywhere or at any time that you 
would consider ungentlemanly? — A. I have never seen anything that wasn't 
perfectly proper. I have always found you a gentleman, Mr. Johnson, and did 
not know that there was anything wrong until this came up. 



Subscribed and sworn to before me this 4th day of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesney, 
Supervisor Indian Schools. 

, being called as witness, testified as follows : 

Q. What is your position in the school, ? — A. Cook for the Em- 
ployees' Club. 

Q. How long have you known me? — A. Two years exactly. 

Q. You have seen me frequently around the buildings and around the club 
kitchen, have you not? — A. I have. 

Q. ^\'he!c 1 have been around the kitchen what has been my demeanor toward 
the female pupils of the school? — A. Perfectly correct. 

Q. Have you ever seen me make any unbecoming advances toward the 
pupils? — A. I have not. 

Q. Have you ever had working for you?— A. She has worked 

for me a good deal at different times. 

Q. You have seen me talk to , have you not? — A. I have. 

Q. Have you ever seen me make any improper advances to this girl? — A. I 
have seen nothing improper. 

Q. Have you ever seen any conduct on my part that was in any way improper 
toward the female employees of the school? — A. I certainly have not. 

Q. Have you ever seen any conduct on my part anywhere about the school 
that could be in any way criticized?— A. I most decidedly have not. 

Subscribed and sworn to before me this 4th day of November, 1913, at 
Tacoma, Wash. 

CuAS. E. McChesney, 
Supervisor Indian Schools. 

. being called as a witness, testified as follows: 



Q. How long have you known me, Mrs. ?— A. About five and one-half 

years. ' . 

Q. Please state approximately when you acted as assistant matron m the 
girls' building.— A. From November, 1911. to January, 1913, then beginning the 
latter part of March, 1913, and continuing about six weeks. Then from August 
15 to September 10. 1913. 

Q. Being assistant matron in the girls' building you saw a great deal of the 
girls? — A. Yes; I was with them considerably. 

Q. During all the time that you were acting as assistant matron, did you ever 
see any act on my part toward any female pupil of the school that was im- 
proper? — A. I never did. 

Q. Did you ever see any act on my part toward any female employee that 
was improper? — A. I never did. 

Q. During the entire time that you have known me have you ever seen any 
action on my part that you would think worthy of criticism? — A. No, sir. 

Subscribed and sworn to before me this 4th day of November, 1913, at Ta- 
coma, Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 



CUSHMAN SCHOOL, WASHINGTON. 383 

being called as a wituess, testified as follows: 

Q. What is your position, Mrs. — ? — A. Assistant matron. 

Q. How long have you been at the schoolV — A. I came in January, 1913. 

Q. How long were you assistant matron in the girls' building? — A. Up until 
the last of March. 

Q. As assistant matron in the girls' building you wore with the girls prac- 
tically all the time? — A. Yes, sir. 

Q. During the time that you have been ;it this school, have you ever seen 
anything in my actions toward the female pupils of the school that you would 
call improper or questionable? — A. I have not. 

Q. You have seen me in the girls' building and with the girls? — A, Yes, sir. 

Q. How did I conduct myself among the girls when in the girls' building? — 
A. I always thought you acted toward the girls like they were your own girls. 
I never thought of it in any other way. 

Q. Did you ever see any conduct on my part toward any female employee 
of the school that you felt was subject to criticism? — A. I never have. 

Q. Did you ever see any conduct on my part that was subject to criticism? — 
A. I never did. 



Subscribed and sworn to before me this 4th day of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesnky, 

Supervisor Indian Schools. 

Thomas B. ISIiner, being called as a witness, testified as follows: 

Q. How long have you known me, Mr. Miner? — ^A, I met you the 1st of 
October, 1909. 

Q. In what capacity were you first employed under this agency? — A. As day 
school teacher. 

Q. When were you transferred to the Cushman School? — A. I came to the 
school about the 1st of July, 1910, and I stayed here continuously until I got 
my transfer which was on the 11th of August, following. 

Q. Transferred to what position? — A. As clerk. 

Q. Since you have been at Cushman School have j'ou made trips to the sub- 
agencies with me? — A. I have made a great many trips through western 
Washington with you. Mr. .Tohnson. 

Q. On these trips, how were your evenings spent? — A. As a rule if there was 
a pool hall available we played a few games of pool after supper. Sometimes, 
being pretty tired, we would talk awhile and then retire. We usually talked 
over what we had accomplished during the day and both usually retired about 
the same time. 

Q. On these trips have you ever seen me do anything that was questionable 
from a moral standpoint? — A. No: I have not. 

Q. Did you ever see me make any improper advances to any woman when 
we were out together? — A. I do not recall anything of the kind. 

Q. Did I ever suggest to you that we visit a house of ill fame, or do anything 
that would be questionable? — A. Not in a single instance. 

Q. Since you came to the Cushman School, have you ever seen me conunit any 
act of impropriety to the female pupils of the school? — A. I have not. 

Q. Have you ever seen me commit any act of impropriety to the female em- 
ployees of the school? — A. I have not. 

Thomas D. Miner. 

Subscribed and sworn to before me this 3d day of November, 1913, at Tacoma, 
Wash. 

Chas. E. :McChesney, 

Supervisor Indian Schools. 

John H. Kelly, being called as witness, testified as follows: 

Q. What is your position? — A. Fireman. 

Q. How long have you been employed at the school? — A. About a year and 
eleven months. 

Q. In addition to your duties as fireman, what are your other duties? — A. I 
teach the school orchestra. 

Q. You have seen me around at orchestra practice, have you not? — A. Yes, sir. 

Q. And you have seen me with the pupils at various times? — A. Yes, sir. 



384 CUSHMAN SCHOOL, WASHINGTOISr. 

Q. Did you ever see any act of mine toward any female pupil of the school 
that you would consider improper if I had committed the same act toward your 
daughter? — ^A. Never. 

Q. Have you ever seen any improper action on my part toward any female 
employee of the school? — A. No, sir. 

Q. In the time that you have known me, have you ever seen any act on my 
part, on the school grounds or off, that would in any way be criticized? — A. No, 
sir; I never have. 

John H. Kelly. 

Subscribed and sworn to before me this 4th day of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 
State of Washington, 

County of Pierce, ss. 

, being first duly sworn according to law, upon oath, says that 

she is now and has been for about 15 years last past a resident of Pierce County. 
State of Washington; that during all of said time, except the last 14 months, 
she was employed at the Puyallup (now Cushman) Indian School, and most of 
the time as principal teacher; that more than four years of the last of her 
service at said school was under Supt. H. H. Johnson ; and ntliant makes this 
affidavit at his request, for the reason that charges have been filed against him, 
but affiant does not know the specific charges. 

Affiant states that she has never seen any acts on the part of said Supt. John- 
son indicating any improper relations between him and the Indian girls under 
his charge. On the other hand, that his attitude toward the Indian girls 
seemed to affiant to show personal interest in their welfare, exhibited in a 
kindly and fatherly manner. 



Subscribed and sworn to before me this 33 st day of October, 1913. 
[seal.] G. Dowe McQuesten, 

Notarij Public in and for ike State of 
Washington, residing in Tacoma, Wash. 

I certify that I have resided near the Cushman Indian School during the time 
Mr. H. H. Johnson has been superintendent, and I can testify that a marked 
improvement in the general appearance of the school has come about during 
the time he has been in charge, and he has impressed me as being able to 
accomplish good results in the way of improving and building up said school. 
He has always appeared to be much interested in his work, and, I believe, is 
well thought of by the people of the city who know him. 

G. DowE McQuesten. 

D. D. Allen, being called as a witness, testified as follows : 

Q. What is your occupation. Mr. Allen? — A. Minister. 

Q. You are the Presbyterian missionary at the Cushman School, are you 
not?— A. Yes. 

Q. How long ha^■e you been in your present position? — A. Ten years this 
month. 

Q. How long have you known me? — ^A. Five years last spring. 

Q. What was the condition of this school when I took charge?— A. Well, it 
was not very flourishing. 

Q. What was the moral condition of the school at that time? — ^A. I should 
say it was just in the average condition that you would find in Indian schools. 

Q. Have you at any time ever seen me commit any act of impropriety toward 
any of the female pupils of the school? — A. Personally, I have not. 

Q. Have you ever seen me commit any act of impropriety toward any female 
employee of the school? — A. No: I do not think I have ever. 

Q. Do you consider the school in better condition now than when I came 
here? — A. I would consider it is in better condition. 

Q. Do you think it would be for the best interest of the school to have 
me removed? — A. Well, you have built up the school plant; you are a man 
of more than average executive ability; you have taken quite an interest in the 
school, and vou have tried to make it an honor to the city. 

D. D. Allen. 



CUSHMAN SCHOOL, WASHINGTON. 385 

Subscribed and sworn to before lue this 5tli dav of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesney, 

Supcrrisoi' Iiidiaii t^cJiools. 

William D. Smith, being ealleil as a witness, testified as follows: 

Q. What is. your position?— A. I am a clerk at the Cushman School. 

Q. In this position do you act as my stenographer and confidential man?— A. 
Yes, sir. 

Q. How long have you known me? — A. Since January 14, 1909. 

Q. Have you accompanied me on trips to the various reservations and other 
points for the transaction of business? — ^A. Yes. sir. 

Q. You have gone with me several times on such trii)s, have you not? — A. I 
have accompanied you on about five trips. 

Q. When on these trips you and I have spent our evenings together, have we 
not? — A. We were together a good deal of the time. 

Q. When we have been on these trips, have you ever seen me make any ad- 
vances to strange women or conduct myself in any manner other than that of 
a gentleman? — A. I have seen you talk with both'men and women, but I con- 
strued that you were talking about the business at hand. 

Q. Did I ever suggest to you that we seek the company of questionable 
women, or visit any house of prostitution? — A. No. sir. 

Q. Did you ever see me commit any act of impropriety against any female 
pupil of the school? — A. No, sir. 

Q. Did you ever see me commit any act of impropriety against any female 
employee of the school ? — A. No, sir. 

Q. During the period of your acquaintance with me. have you ever seen any- 
thing that would lead you to believe that I would be guiltv of anv dishonorable 
act?— A. No. sir. 

William D. Smith. 

Subscribed and sworn to before me this 3d dav of November. 1913. at Tacoma, 
Wash. 

Chas. E. McChesney, 
Supervisor of Indiau Schools. 

W. H. Blish, being called as a witness, testified as follows : 

Q. How long have you known me. Mr. Rlish? — A. Have known vou at least 
13 years. 

Q. What is your position here? — A. Supervising principal of day schools. 

Q. During your acquaintance with me in Oklahoma, did you' ever Imow of 
my doing anything that was ungentlemauly. dishonorable, or improper? — A. 
Nothing whatever. 

Q. When did you come to the Cushman School? — A. January 4. 1909. 

Q. Since that time you have been quite intimately associated with me?^ 
A. Yes. 

Q. You have accompanied me on trips to the various reservations and day 
school in connection with the business of the agency, have you not? — A. Yes. 

Q. And on these trips were you with me practically all of the time? — A. 
Practically. 

Q. Evenings as well as during the day?— A. Practically all the time. 

Q. On these trips did I ever suggest to you that 'we visit questionable 
places? — A. Never. 

Q. During the year 1912 you were acting principal of the school for several 
mouths? — A. From the 1st of November, 1912. until Ai)ril. 1913. 

Q. In this position you would have opportunity to observe my demeanor 
toward pupils and employees? — A. Yes. 

Q. Did you ever know of me committing any unbecoming act toward any 
female pupil of the school? — A. No. sir. 

Q. Did you ever see me commit any act uubecoming toward any female em- 
ployee of the school? — A. No, sir. 

W. H. Blish. 

Subscribed and sworn to before me this 3d dav of November, 1913. at Tacoma,. 
Wash. 

Chas. E. McChesney. 
Supervisor Indian Schools. 



386 CUSHMAN SCHOOL, WASHINGTON. 

Oscar H. Keller, being called as a witness, testified as follows : 

Q. Wliat is your position? — A. Chief clerk Cushman Agency. 

Q. How long have you know me? — A. Since May 12, 190S. 

Q. Have you and I on a number of occasions been down town together? — A. 
We have, on several occasions. 

Q. Did you ever see anything questionable in my actions while in the city? — 
A. Not in any form whatever. " 

Q. Did I ever make suggestion to you that wo visit a house of prostitution? — 
A. You never did. 

Q. Is it not the custom that .the door between your office and mhie to remain 
open? — A. Yes; almost invariably. 

Q. If there was any improper conduct in my office, you would know it, would 
you not, through the fact that the door between your office and mine remaining 
open? — A. I would be apt to know it. 

Q. Did you ever know of anything improper going on in my room? — A. I do 
not believe there was anything improper. 

Q. Do you know of any occasion when I have committed any improper act 
against any female pupil of the school? — A. I do not. 

Q. Do you know of any occasion when I have committed any improper act 
against any female employee of the school? — A. I do not. 

Q. Considering the intimate relations between superintendent and chief clerk, 
and your knowledge of me extending over five years, is it your belief that I 
have ever been guilty of any ungentlemanJy or dishonorable act? — A. So far as 
I have personally seen, I do not believe you have. 

Oscar H. Keller. 

Subscribed ;ind sworn to before me this 3d day of November, 1913, at Tacoma, 
Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 

Gemont G. Percival, being called as a witness, testified as follows : 

Q. What is your position? — A. Night watchman. 

Q. How long have you known me? — A. About two years. 

Q. When you see me on the grounds at night am I alone? — A. I have occa- 
sionally seen you alone, but generally in company of Mr. Griffiths. 

Q. Have you ever seen me go or come from the girls' building in the even- 
ing? — A. I never have. 

Q. Have you ever seen me commit any improper act toward any female pupil 
of the school ? — A. No, sir ; I never have. 

Q. Have you ever seen me commit any improper act toward any female em- 
ployee of the school? — A. I have not. 

Q. Have you ever known of my committing any act at any time or in any 
place that was in any way ungentlemauly or dishonorable? — A. No, sir; I 
have not. 

Gemont G. Percival. 

Subscribed and sworn to before me this 10th day of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 

Mrs. , being called as witness, testified as follows: 

Q. How long have you been at the school, ? — A. Since February. 

Q. You are the wife of the ? — A. Yes, sir. 

Q. Not being employed you have been about the school considerably? — A. 
Yes, sir. 

Q. Have you ever seen any conduct on my part to any female pupil of the 
school that you would in any way criticize? — A. No, sir. 

Q. Have you ever seen any conduct on my part toward any female employee 
that you would criticize? — A. No, sir. 

Q. Have you ever seen me do anything at any time or in any place that you 
would construe to be other than the actions of an honorable gentleman? — A. 
No, sir. 



CUSHMAN SCHOOL, WASHINGTON. 387 

Subscribed and sworn to before uie this 3d day of November, 19i:J, at 
Tacoma, Wash. 

Chas. E. McChesney, 

Supcrvifior Indian ScJinols. 

. being called as witness, testified as follows: 

Q. What is your position?— A. My jiosition is that of . 

Q. How long have you known meV— A. About a year and a half. 

Q. Have you ever seen me commit any act that was improper to the female 
pupils of the school? — A. I have not. 

Q. Have you ever seen me commit any improper act toward a femal employee 
of the school? — A. I do not know as I would call it exactly improper, but I do 

not think your attitude toward is at all becoming to a man of 

your position. 

Q. Why do you consider it unbecoming? — A. Well, when I first came I could 
not understand your frequent visits to the employees' building in the morning, 
and your escorting her home from the various public meetings on the grounds. 

Q. And you also know of me being in her room? — A. I never saw you go into 
or come out of her room. I have heard of your being in her room, but I have 
never seen you there. 

Q. Would you consider that improper? — A. Yes; I would. 

Q. Is it not a fact that you sometimes have a man visit you in your room? — 
A. Yes; I do. 

Q. You do not consider this improper? — A. I have not considered it so. 

Q. You expect your associates to think that there was no improper motive? — 
A. I certainly do. I have always tried to conduct myself so as not to cause 
any criticism. 

Q. Why should you consider my being in room improper? — A. I 

do not know of an instance when I have had a married man call upon me in 
my private room. 

Q. Then you would contend. I suppose, that lovemaking was the only pur- 
pose that a man would go into a woman's room for? — A. I should not say so. 
There can be business and other matters. 

Q. Other than what you have mentioned, have you ever seen any act on my 
part that was ungentlemanly or dishonorable? — A. I can not say that I have. 



Subscribed and sworn to before me this 5th day of November, 1913, at 
Tacoma, Wash. 

Chas. B. McChesney, 

Supervisor Indian ScJwols. 

, being called as a witness, testified as follows : 



Q. What position do you occupy? — ^A. Teacher. 

Q. How long have you known me? — A. Since May, 1909. 

Q. Have you ever seen me commit any act of impropriety toward any female 
pupil of the school? — A. No; I have not. 

Q. Have you ever seen me commit any improper act toward any female em- 
ployee? — A. I have not. 

Q. One of the charges against me is that I have visited your room too fre- 
quently. Please state how often I visited your room. — A. Within the past year 
you have been in my room not more than two or three times upon legitimate 
school business. During my employment at this school, since September, 1910, 
I recollect you having visited my room about a dozen times, principally during 
a period covering about three months — the latter part of 1911 and early in 1912. 

My husband. , died in 1910, and I was engaged in settling up his 

estate. As I had little business experience I presumed upon your friendship 
and requested your aid in properly answering correspondence with my attorney 
in Hoquiam. 

Q. Was the business connected with the estate completed in three months? — 
A. No; nor is It at this date; but an evil-minded woman was spreading stories 
about your coming to my personal room, so, at your suggestion, we met there- 
after in your own home. 

Q. Please state the relationship existing between yourself and my wife. — 
A. I regard Mrs. Johnson as the most intimate friend I have in Tacoma. I 
have, by her invitation, enjoyed the hospitality of your summer home during 



388 CUSHMAN SCHOOL, WASHINGTON. 

my vaeatious of 1912 and 1913 for two weeks, respectively. In your home, and 
enjoying the friendship of your family, I have found the nearest substitute for 
my own home. 

Q. It is also charged that I frequently escort you to lectures, socials, and 
entertainments. — A. As I understand the word " escort," you have never 
escorted me to any social or entertainment that I can recollect. I have, I recall, 
met you on the walk near the buildings where such social affairs are held and 
walked along with you and we entered the hall at the same time, as has 
occurred with any eruployee. The number of such occasions has been extremely 
limited. As for any occasion for any such charge being made for entertain- 
ments of the school plant, if such is meant, there is none whatever. About two 
years ago Mr. Smith invited the employees' literary club to be his guests at a 
lecture at the First Christian Church. There were 20 or more employees who 
accepted this invitation and attended in a body. I recall that I walked with 

you to the car and sat beside you — in company with Mr. and Mrs. , 

during the lecture, but the entire party started together and returned together. 
I certainly did not consider that you were my particular escort in any sense of 
the word. 

Q. It is also charged that I walked home with you from the pupils' dances. — 
A. The two or three times that any such thing has occurred is answered fully in 
what I have said regarding the lectures, etc. As the employees leave the gym- 
nasium in a body I do likewise when not in direct charge of the girls. The 
few possible times I mention were occasions when we walked along conversing 
wnth others until we reached the employees' quarters en route to your destina- 
tion — your home. 

Q. During your acquaintance with me have you ever at any time seen me com- 
mit any act that was ungentlemanly or dishonorable? — A. I have not. 



Subscribed and sworn to before me this 11th day of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesney, 

Supervisor Indian ScJiools. 

W. E. Porter, being called as a witness," testified as follows : 

Q. How long have you been at the school, Mr. Porter? — A. I came here 
September 4, 1912. 

Q. What is your position? — A. Engineer. 

Q. As engineer you are all over the plant many times a day? — A. Yes. sir. 

Q. Do you feel that you have had considerable opportunity to observe my 
general demeanor toward the pupils and employees? — A. Yes; I do. 

Q. Did you ever see me conduct myself toward any female pupil of the 
school in an unbecoming manner? — A. I never did. 

Q. Did you ever see me conduct myself toward any female employee of the 
•school in an unbecoming manner? — A. I never saw you conduct yourself in an 
unbecoming manner toward anybody, Mr. Johnson. 

W. E. Porter. 

Subscribed and sworn to before me this 3d day of November, 1913, at Tacoma, 
Wash. 

Chas. E., McChesney. 

Supervisor Indian Schools. 

D. Clinton West, being called as a witness, testified as follows: 

Q. How long have you known me, Mr. West?— A. Since the 7tli day of April, 
this year. 

Q. What is your position? — A. Principal. 

Q. As principal you have had more or less opportunity to observe my general 
demeanor? — A. Yes. 

Q. Have you ever seen me commit any unbecoming act toward any female 
pupil of the school? — A. I have not. 

Q. Have you ever seen me commit any unbecoming act toward any female 
employee of the school? — A. I have not. 

D. Clinton West. 

Subscribed and sworn to before me this Rd day of November, 1913, at Tacoma, 
Wash. 

Chas. E. McChesney. 

Supervisor Indian Schools. 



CUSHMAN SCHOOL, WASHINGTON. 389 

William J. Garrison, being called as witness, testilied as follows: 
Q. What is your position? — A. Fireman. 

Q. How long have you known me, William V — A. About live and one-balf years. 
Q. In all the time you have known me, did you ever see nie do anything 
wrong to any of the girls of the school? — A. No, sir. 

Q. Have you ever seen me do anything wrong to the women employees of 
the school?— A. No, sir. 

Q. Have you ever seen me do anything that was wrong? — A. I never did. 

William J. Garkison. 
Subscribed and sworn to before me this 3d day of November, 1913. 

CiiAS. p:. McCiiksxky. 

Supervisor Indinn >^cli;:'i}.-t. 

Eber R. SizER, being called as a witness, testified as follows: 

Q. What is j-our position, Mr. Sizer? — A. Manual-training teacher. 

Q. How long have you known me? — A. For a year. 

Q. During this time have you ever seen me commit any act of imi)ropriety 
toward the female pupils of the school? — A. No, sir. 

Q. Have .von ever seen any improper action on my part toward tlie female 
emplovees of the school? — A. No, sir. 

Q. Have you ever seen me do anything that could be construed :is improper or 
questionable? — A. No, sir. 

Eber R. Sizer. 

Subscribed and sworn to before me this 3d day of November, inl.3. at Tacoma, 
Wash. 

Chas. E. McChesney, 
Supervisor Imlian Schools. 

K. Martin Hopkins, being called as witness, testified as follows: 

Q. What is your position. Mr. Hopkins?— A. Instructor in forge work. 

Q. How long have you known me? — A. Eight months. 

Q. During the time" you have known me have you seen me commit any act of 
impropriety toward any female pupil of this school? — A. I have not. 

Q. Have' you ever seen me commit any act of impropriety tow,-,rd any female 
employee of this school? — A. I never have. 

Q. Have you ever seen me do anything that was not what any gentleman 
should do? — A. I have not. 

K. Martin Hopkins. 

Subscribed and sworn to before me this 3(1 day of November. 1913. at T.icoma. 
Wash. 

Chas. E. McCiiesnev. 
Supervisor Indian Schools. 

, being called as a witness, testifietl as follows : 



Q. What is your position in this school, ? — A. . 

Q. How long have you known me? — A. Since August, 1910. 

Q. For family reasons you resigned and left ihe service for a year, did you 
not? — A. Yes, sir. 

Q. When you applied for reinstatement, you made your application specih- 
callv for the Cushman School, did you not? — A. Yes, sir. 

q'. During your entire time at Cushman School did you ever see any act on 
my part toward any female pupil of the school that you considered improper?— 
A. No, sir. 

Q. Have you ever seen any action on my part toward any female employee 
of the school that vou would "criticize?— A. I have toward . 

Q. Just what?— A. You have called on her in her room, and have escorted 
her back and forth to the parties. , , . t 

Q. Upon the whole, you regard Cushman as a proper place to work .•'—A. 1 
certainly do. I never would have returned had I not thought so. I have noth- 
ing personallv against you, Mr. Johnson. You have always tre:ited me right, 

but I will have to say that I did not like your attitude toward , 

and that is the onlv thing that I could possibly say against you. 

Q Other than what vou have stated above, have you ever seen any action 
on my part that you would construe as other than the actions of an honorable 

35601— PT 3—14 12 



390 CUSHMAN SCHOOL, WASHINGTON. 

gentleiuau? — A. I never liave. aiid this I have mentioned was indiscreet. I 
never thought any more about it. 

Q. Then you did not regard my actions toward as prompted 

by any wrong motive? — A. I never said it and I never thought it, but I did not 
think it was right for the head of an institution to do that. I did not think it 
was prompted by any wrong motive on the part of either one. 



Subscribed and sworn to before me this 4th day of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 

Fkedeeick Freeman, being called as a witness, testified as follows: 

Q. What is your position? — A. Tailor and acting band leader. 

Q. How long have you known me? — A. More than five years. 

Q. You have seen me around the plant and at parties among the pupils? — A. 
Yes, sir. 

Q. Did you ever see any action on my part toward any female pupil of the 
school that you would construe as improper?— A. No, sir. 

Q. Have you ever seen any improper conduct on my part toward the female 
employees of the school ?^A. No, sir. 

Q. Have you ever seen anything during the entire time that you have known 
me that would lead you to think that I was anything but a straightforward 
and honorable gentleman? — A. I have not. 

Frederick Freeman. 

Subscribed and sworn to before me this 3d dav of November, 1913. at Tacoma, 
Wash. 

Chas. E. McChesney, 

Supervisor Indian ScJwols. 

, being called as a witness, testified as follows : 

Q. How long have you known me — — — ? — -A. About a year. 

Q. What is your position at the school? — A. . 

Q. When I come into the laundry, do I circulate among the pupils, speak to 
the girls pleasantly, to the boys, and to you? — A. Yes. 

Q. Did you ever see me commit any act of impropriety toward any girl 
pupils? — A. No. 

Q. Do you regard me as upright and honorable in all all my associations 
with all my employees and the pupils? — A. Yes; I believe so. 



Subscribed and sworn to before me this 3d dav of November, 1913. at Tacoma, 
Wash. 

Chas, E. McChesney, 
Supervisor of Indian Schools. 



being called as a witness, testified as follows; 



Q. How long have you known me ? — A. Since April 7, 1913. 

Q. What is your position? — A. . 

Q. Have you ever seen me commit any improper act toward any female 
pupil of the school? — A. I have not. 

Q. Have you ever seen me commit any improper act toward any female em- 
ployee of the school? — A. I have not. 



Subscribed and sworn to before me this 3d day of November, 1913, at Tacoma, 
Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 

Horace G. Whitney, being called as witness, testified as follows: 
Q. How long have you known me, Mr. Whitney? — A. About 10 months. 
Q. What is your position? — A. Financial clerk. 

Q. In your work you have accompanied me on one or more occasions out 
in the field?— A. Yes. 



CUSHMAN SCHOOL, WASHINGTON. 391 

Q. When you were in the tield how did we habitunlly si)en<l our eveninjis? — 
A. At Olympia we played pool. 

Q. You were with me i)ractieally all of the time on that trip? — A. Yes, sir. 

Q. Did I ever do anything that you considered improper? — A. No, sir. 

Q. Did I ever suggest to either you or Mr. ]Miner that we hunt up some 
girls or visit a house of prostitution? — A. No, sir. 

Q. Have you ever seen me commit any improper act toward any female pupil 
of the school? — A. No, sir. 

Q. Have you ever seen me commit any improper act toward any female em- 
ployee of the school? — A. No, sir. 

Q. In all of your associations with me have you ever seen me do anything 
that could be considered dishonorable, ungentlemanly, or improper? — A. No, 
sir. 

HoEACE G. Whitney. 

Subscribed and sworn to before nie this 3d day of November, 1913, at Tacoma. 
Wash. 

Chas. E. McChesney, 

Supervisor Inclian Schools. 

Johnson Williams, being called as a witness, testified r.s follows: 

Q. How long have you known me. Mr. Williams? — A. About five years, now. 

Q. In what capacity have you been employed at Cushmau? — A. As teacher 
and as assistant clerk. 

Q. In the capacity as teacher you had a great deal to do with the pupils? — A. 
Yes, sir. 

Q. Have you ever seen me commit any act of impropriety toward the pupils 
cf the school? — A. No. sir. 

Q. Have you ever seen me commit any act of impropriety toward the female 
employees of the school? — ^A. I have not seen anything of that kind. 

Johnson Williams. 

Subscribed and sworn to before me this 3d day of November, 1913, at Tacoma, 
Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 

Alvin Davis, being called as witness, testified as follows: 

Q. What is you position? — A. Laborer. 

Q. How long have you known me? — ^A. Three years. 

Q. Have you ever seen me do anything towai'd any one of the girls that you 
thought was wrong? — A. No, sir. 

Q. Have you ever seen me do anything toward any lady employee of the 
school that ought to be criticized? — A. No, sir. 

Q. Have you ever seen me do anything at any time that you thought was not 
gentlemanly or honorable? — A. No, sir. 

AxviN Davis. 

Subscribed and sworn to heftu'e me this 5th day of November, 1913, at Tacoma, 
Wash. 

Chas. B. McChesney, 

Supervisor Indian Schools. 

Joseph F. Reed, being called as a witness, testified as follows: 

Q. What is your position at the school. Mr. Reed?^A. Gardener. 

Q. How long have you known me? — A. Four years. 

Q. During the time that you have known me have you ever seen me commit 
any act toward any female pupils of the school that you would criticize? — A. 
No. sir: I have not. 

Q. Have .^ou ever seen me commit any act toward any female employee of 
the school that you would criticize? — A. No, sir. 

Q. Have you ever seen me do anything at any time or at any place that you 
thought was ungentlemanly or dishonorable? — A. No. sir. 

Joseph F. Reed. 

Subscribed and sworn to before me this 5th day of November, 1913, at Tacoma, 
Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 



392 CUSHMAN SCHOOL, WASHINGTON. 

AFFIDAVIT. 

State of Montana, Count ij of Rosebud, ss: 

of lawful age, first beiug duly sworu, deposes and makes the 

following statements: 

That said afliant was from June 22, 1911, until October 13, 1913, employed 

as at the Cushman Trade School, located at Tacoma, Wash., said 

school being conducted by the United States Government under the supervision 
of the Bureau of Indian Affairs. That during said period of employment at 
said school H. H. Johnson was superintendent of said scliool. 

Affiant further says that while holding the position of at the Cush- 
man Trade School, she had charge of the hospital of said school and was 
assisted in her woi'k by the larger girl pupils attending the school, and later 
was supplied with an assistant. That said affiant roomed in said hospital and 
took meals just across the street from the hospital. That she was conversant 
with all things that took place and happened at said school hospitixl. That 
said affiant seldom ever left said hospital, except to go to the mess for her 
meals, and when she did leave, she always placed a te;icher or another em- 
ployee in charge of the hospital. 

Affiant further says that while she was filling the position of of said 

school, that said Supt. H. H. Johnson made an inspection once a week, which 
was usually every Sunday morning. That the nature of said inspection was to 
determine if everything was in proper order and the hospital being kept in a 
clean and sanitary order. That during these trips of inspection, the conduct 
of Sui)t. Johnson was that of :; schoolman, a business man, and a gentleman, 
and in no instance was his conduct otherwise. 

Affiant further says that Supt. Johnson would also visit the hospital when 
there were cases of sickness. That he made these visits for the purpose of 
determining the nature of the disease, the kind of treatment the pupil was 
receiving, and consulting with said affiant in regard to health conditions. 
That the conduct of Supt. Johnson on these visits was that of a schoolman, 
a business man, and a gentleman, rind in no instance was his conduct toward 
her or anyone else otherwise. Affiant further says that when Supt. Johnson 
visited said hospital, that she always accompanied him to the different wards, 
and that Supt. Johnson never visited the different wards alone, but was always 
accompanied by said affiant or other person in charge at the time of the visit. 

Afliant further says that on many occasions she has been alone with the 
said Supt. II. II. Johnson, and that his conduct has always been that of a 
gentleman and never otherwise. That his conduct toward all his pupils has 
always been that of a superintendent and a teacher, and at no time has he 
been guilty of any improper conduct toward any pupil or pupils. 

Affiant further says that Supt. Johnson has never said anything improper 
in her presence, or acted in any manner improper in her jiresence or in the 
presence of anyone to her knowledge. 

Affiant further says that the conduct of Supt. Johnson has never been im- 
proper toward herself or any female pupil during the two aial a third years 
that she was holding the position of at said school. 

Afliant further says that on October 18, 1913, she wa.s transferred from the 

Cushman Tr,- de School to the position of at the Tongue River Agency, 

Lamedeer, which position she is filling at the present time. 

Harriet R. Hagle. 

Subscribed jukI sworn to before nie tbis 11th day of November, ]913, at the 
office of the suiierintendent of the Tf)ngue River Agency, Lr.medeer, Mont. 

J. R. Eddy, Superintendent. 

— , being called as a witupss. testified as follows: 

Q. How long were you laundress at the school. ? — A. Four 

years. 

Q. How long have you known me? — A. About five ::nd a half years. 

Q. During the time that you have known me. have you ever knov>'n of any 
act of impropriety on my part toward any female puj)!l of the school? — A. I 
have not. 

Q. Have you ever known of any act of impropriety on my part toward any 
female employee of the school? — A. I have not. 

Q. From conversations with — during the past two years what 

have you gathered as to lier attitude toward me? — A. Her attitude toward you 



CUSHMAN SCHOOL, WASHINGTON. 393 

has been very mifrieiully. Slie iias uuule it a prr.ctice of coming to nie nearly 
every day and telling me about your actions, and she has told me things that I 
felt absolutely sure were untrue. I told her that I would not repeat these 
things about you, and stated that you have always been a very fair business 
man and have always worked to the best interests of the school. 



Subscribed and sworn to before me this 17th day of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 

■ , being called as a witness, testified as follows : 

Q. What is your position in the Cushman School, and in your position what 

authority have you? — A. My position is that of , and I 

have charge of the girls who are taking and the girls who live 

in the building. 

Q. How many girls are there in the building? — A. Right now there are 11. 

Q. How long' have you been in charge of this building? — A. Since the 5th 
day of October. 

Q. Is in your charge? — A. Yes. 

Q. How does compare with the other girls under you? — A. She com- 
pares unfavorably with the other girls. 

Q. Have you found her truthful? — A. I have never found her in a lie. but 
I have thought at times that she was not telling the truth. 

Q. Do you trust her? — A. No. 

Q. Does she give you more trouble than the other girls? — A. She has so far. 

Q. Was absent the afternoon of October 6? — A. Yes. 

Q. Do you know who oame for her? — A. A man came and got her, but I do 
not know his name. 

Q. Did you see her when she returned? — A. Yes. 

Q. Was she carrying anything? — A. She brought home a box of candy. 

Q. Was absent the following day? — A. Yes. 

Q. With whom? — A. The same man that came for her the day before. 

Q. Did you see her when she returned? — A. Yes. 

Q. Was she carrying anything this time? — A. She carried a box of candy 
again. 

Subscribed and sworn to before me this 17th day of November, 1913, at 
Tacoma. Wash. 

Chas. E. McChesney, 

Su'oerviHor Indian Schools. 

, being called as a witness, testified as follows : 



Q. Have you discussed with any of the girls the testimony they were to give 

in support of charges against me?— A. I talked to about it, but 

I did not discuss it. 

Subscribed and sworn to before me this 5th day of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 

. being called as a witness, testified as follows : 



Q. How old are you?— A. Eighteen years. „ , , , 

Q. You niiide a statement regarding me to Dr. McChesney about 8 o clock, 
Thursday morning, October 30?— A. Yes. 

Q. After you left the office, did anybody talk to you about this statement?— A. 
Yes ; ^ did. 

Q. Did ■ talk to you about this statement?— A. Yes; she was 

asking me about it. 

Q. How long did she talk to you?— A. About 10 or 15 minutes. 

Q. You came back to the office about 11 o'clock the same morning and made 
another statement, did you not?— A. Yes. 

Q. This second statement that you made was after you had had a talk with 
?— A. Yes. 



394 CUSHMAN SCHOOL, WASHINGTON. 

Q. From the convorsation that you had with , did you gather 

whether or not she was friendly to me? — A. was not friendly. 

She also told me that was not friendly. 



Subscribed and sworn to before me this 4th day of November, 1913, at 
Tacoma, Wash. 

Chas. E. McChesnei', 

Supervisor Indian Schools. 

Bay Center, W^ash., August 7, 1913. 
Mr. H. H. Johnson, 

Cushman Trade School. 

Dear Sir : Just thought I would write and let you know the condition Vine 
is in, and also to let you know that I am not going astray, for I've been trying 
to do the right thing ever since I've been here. And furthermore, if I were not 
doing the right thing I think my aunt would do all the reporting of my liberty. 
As for that matter we had more liberty at Cushman than I ever had here at 
Bay Center. 

Sister Vine is so bad olf with consumption that it is nil my aunt and I can 
do is to stay home and take care of the sick here. We have three children 
sick with the whooping cough. I started to work out washing dishes at a 
grading camp when I first came home; only stayed two weeks when the children 
took sick. I stopped work and came home. The camp wasn't 4 miles from 
home, and that's all the further out of town I have ever been since I came 
home. I know we have no guardian and will have to have one, so I spoke to 

L. L. Bush about it and would like to have . Well. Mr. Johnson, I feel 

hurt to think that some one is writing and reporting all that they have, when 
I have been trying to be a lady. And, Mr. Johnson, you just take my word, if 
I were going astray my relations and people would soon put a stop to it. I 
don't hear from or , or any of that family, and surely don't care to. 

Well, Mr. Johnson, how many children have you at the school, and who is 
working in the employee's club since I left? I suppose they are enjoying them- 
selves there at the school. We had a nice time on the train coming home. Mr. 
Bush gave me the tickets to take care of and I learned how to travel and take 

charge of the fare, which I never knew before. Well, I heard from 

once. 

, School Student. 



[Coiner & Dentler, attorneys at law, ,501-504 Bankers' Trust Building, Tacoma, Wash.] 

November 14, 1913. 
Mr. H. H. Johnson, 

Tacoma, Wash. 

Dear Sir: Replying to your inquii-y of the 13th instant, I beg to say that I 
have resided in western Washington for about 30 years and am thoroughly 
acquainted with the Indian character, and have had a wide experience in the 
trial of causes in which Indians were witnesses, both as prosecuting attorney 
for this county and as United States attorney, and in my private practice; and 
I have no hesitancy in saying that the average Indian has no conception of the 
real wrong of giving false testimony in the sense in which the white man 
understands it. 

To such an extent is this true that I have found that many jurors, especially 
those most familiar with the Indian character, hesitate greatly to act upon 
Indian testimony, unless corroborated strongly by circumstances or by the 
evidence of white persons ; especially is this true if there is any reason at all 
to suspect any motive for the giving of false testimony, such as revenge or 
reward or the hope of reward. 

This is especially true with reference to the younger generation of Indians, 
who do not seem to have the same high sense of honor that animated many of 
the older Indians. 

The younger generation seems to readily absorb the vices of the white man, 
while slow to imitate his virtues. 
Very truly, yours, 

B. W. Coiner. 



CUSHMAN SCHOOL, WASHINGTON. 



395 



CusHMAN Indian School, 
Tavoma, Wash., November 17, 1913. 



Mr. H. H. Johnson, 

Tacoma, Wash. 
Dear Sir : In reply to your inquiry in regnrd to 



affidavit, I will 



say tliat she was first called to the office on October 30 last, about S o'clock, 
or shortly thereafter, in the morning:, and that her statement was taken in 
shorthand, and she was told to come back to the office about 11 o'clock, when 
her statement would be extended and be ready for her to sign and make oath 
to. The statement that she made at this time was radically different from the 
statement that she later made and was not nearly as unfavorable to you as 
the statement she made when she returned to the office about 11 o'clock of the 
same day. It appeared to me, from her two statements, that some one had been 
talking to her in the meantime. 

The first statement referred to above was not signed. 
Very respectfully, 

Chas. E. McChesney, 

Supervisor Indian Schools. 

State of Washington. Coiinlij of Pierce, ss: 

Oscar H. Keller, being duly sworn, deposes and says: I have been employed 
as chief clerk at the Cushmau School and Agency during the entire time of 
Supt. H. PI. Johnson's incumbency at this school, and that during this time the 
miscellaneous funds derived from the sale of swill and old junk from time to 
time were turned over to me in every instance and placed in a drawer in the 
office safe; that under the superintendent's instructions I made no record of 
these funds when given to me; that when any purchase was to be made, or had 
been made, I was directed to hand over the amount to cover the purchase or 
expenditure; that I firmly believe that every amount so handed over was ex- 
pended in one way or other in the Government service at the Cushmau School 
for facilitating business, purchasing supplies for the olHce, providing annual 
picnic excursions for the pupils, and for other purposes wherein the school and 
pupils were benefited ; and that at no time Supt. Johnson took any of this money 
out of the drawer, to the best of my knowledge and belief. 

Oscab H. Keller, Chief Clerk, 

Subscribed and sworn to before me this 18th day of November, 1913. 

Chas. E. McChesney, 

Supervisor Indian Schools. 

Original consists of 20 tickets, showing delivery July 2, 1913, to October 14, 
1913, by Standard Oil Co., of 5S2J barrels fuel oil. 



Tacoma, Wash., Agency, October 31, 1913. 
Cushman Trades School, Tacoma, Wash., to Hans T. Engoe, Dr. 





Pounds. 


Amounts. 


Credits. 


Balance. 








$32.40 








$52.50 






20.10 




7, at 30 cents.. 
6, at 30 cents.. 
4 J, at 30 cents. 
17, at 30 cents. 


$2.10 
1.50 
1.35 
5.10 


18.00 


Aue 30 




16.50 






15.15 






10.05 









Credit balance due October 31, 1913, $10.05. 

Please examine and remit by return mail. 
Respectfully, 



Hans T. Engoe. 



State of Washington, County of Pierce, ss: 

Kaspar Feldmaun, being duly sworn, deposes and says: I delivered milk 
on my contract for the fiscal year 1913 to the Cushman School after June 30, 



396 



CUSHMAN SCHOOL, WASHINGTON, 



1913. as follows: July 1 to 4. iuclusive, 6 gallons per day; July 5 to August 
25. 3 gallons per day, making a total of ISO gallons of milk, amounting to 
$42, thereby fulfilling the conditions on the voucher upon which I received 
payment. 

Kaspab Feldmann. 

Subscribed and sworn to before me this 13th day of November, 1913. at 
Tacoma, Wash. 

(Signed) Chas. E. McChesney. 

Supervisor Indian Schools. 



September 26; 1913. 
Cushman Indian School, Tacoma. WasJi.. to Armour d- Co., Dr. 



Account rendered. (Branch-house department.) 



April 7 $13.20 

April 14 13.20 

April 21 13.20 

April 28 13.20 

May 5 13.20 

May 12 13.20 

May 19 13.20 

May 26 13.20 

June 2 13.20 

June 9 13.20 

June 16 13.20 

June 23 13. 20 



June 30 13.20 

July 7 13.20 

July 10 19.80 

July 22 13.20 

July 28 13.20 

August 4 13.20 



244. 20 
July 10, credit 204.60 



accoimt 39. 60 



Seattle, Wash.. Jiihi S, WIS. 
Department of the Interior, Cushman Indian School, Tacoma, Wash., 

bought of Armour & Co., 2 cs., 30/1. Cxlendale. 60-22 $13.20 

Sterrett. Oleoma I'garine. 



Seattle, Wash.. JuJii R. 1913. 
Department of the Interior, Cushman Indian School, Tacoma. Wash..- 
bought of Armour & Co., 3 es.. 30/1. Cxlendale, 90-22 $19. J 

Sterrett. Oleomargarine. 



State of Washington, County of Pierce, ss: 

Wilson A. Hennig, of lawful age, being first duly sworn, deposes and says: 
I am manual training teacher at the Cushman School, and was detailed by the 
superintendent to have charge of the erection of the two buildings now under 
construction at the school. I carefnllv checked all material for these buildings, 
as shown on vouchers 131. 132. 133, 135, 138, 139. 140, 142. 144. 146. 147, and 
148 of the superintendent's accounts, for the fourth quarter 1913, and further 
state that all the material listed in said vouchers was delivered at the school. 

Wilson A. Hennig, 
Manual Training Teacher. 

Subscribed and sworn to before me this 20th day of November, at Tacoma. 
Wash. 

Chas. E. McChesney, 

Supervisor Indian Schools. 



State of Washington, County of Pierce, ss: 

W. E. Porter, of lawful age, being first duly sworn, deposes and says: I am 
engineer at the Cushman School, and have charge of heating, plumbing, and 
lighting at the school plant. I have carefully checked all the articles called 
for on vouchers 134. 136, 137, 141, 143, and 145 of the superintendent's accounts 
for the fourth quarter, 1913, and find that all the articles listed in said vouchers 



CUSHMAN SCHOOL, WASHINGTON. 397 

were actually clelivered nt the school prior to the signing of the inspection 
certificates. 

W. E. PORTEE, Engineer. 

Subscribed and sworn to before nie this 20th day of November, 1913, at 
Tacoma. Wash. 

Chas. E. McChesney, 

^Supervisor Indian Schools. 



P.ULLAKD & IIlLL. AUC H ITl' CTS. 

Titvoina, W'ltsli.. Norcinher II. IDlti. 
Mr. H. II. Johnson. 

t<iil)criiitciHlcnt ('KsIniKiii 'fiadcs iScliool. Tacnind. U'(/.s7/. 

Dear Sir : In response to your request to inspect the new cottage now being 
erected for a superintendent's home at the Cnshman Indian Tr;id(>s School, 
and render an opinion as to whether the building is being constructed with an 
economical management as to expense, I suggest the following comparison : 

During the summer of 1009 the Indian Department constructed a number of 
buildings under conti-act, among which w^ere two cottages for employees. These 
cottages are very plain in design and simple in construction, and are not so 
expensive in chr.racter as is the superintendent's cottage, but will serve as a 
basis on which to make a comparison of relative cost. The cost of the cottages 
after adding 2 per cent, which I was paid for supervision, was $2,942.70 each. 
The cubical contents of each cottage approximates 28,740 cubic feet, from which 
the cost is readily estimated at approximately lOi cents per cubic foot. 

The new superintendent's cottage now nearing completion will approximate 
66.21G cubic feet in volume, which, at lOi cents i)er cubic foot, will cost 
$6,754.08 on a basis of tbe cost of the small employees' cottages. The new 
cottage is a higher quality of building, with two .large fireplaces, oak floors, 
paneled ceiling, stairway, and hall, hot-water heater, and laundry, which the 
small cottages do not contain. The new cottage under contract, with its better 
finish and appointments, should be allowed a higher price per cubic foot to 
place its cost on a proper basis. 

A similar comparison may be made with reference to the flat building for 
employees, now being finished. The employees' quaiters building erected under 
my supervision two years ago cost, including supervision, $12,833.64, being 
biiilt by contract, let to the lowest bidder, as were the small cottages. This 
building contains approximately 125,590 cubic feet, which also figures at 
ai)prox'imately a cost of lOi cents per cubic foot. The new flat building 
contains approximately 91,495 cubic feet, which, at a cost of lOi cents per 
foot, will or should cost $9,607.37 on the same basis as the employees' quarters 
building, if let under contract. The flat building contains four fireplaces and 
four chimneys, whereas the employees' (juarters contains but one, and one 
bathroom more than the hitter building. It is about the same class of build- 
ing and the comparative cost for the two buildings is quite a fair one. 

In my judgment the new superintendent's cottage and the flat building for 
employees are being erected on a conservative basis and economical manage- 
ment, and a substantial saving is being made from what the contract price 
would have been. 

Trusting these statements will, in a measure, meet your request, I am, 
Verr respectfully, 

Geo. W. Bullard. 



YouNti Women's Christian Association, 

Tacomu. Norcnther .'/, 1913. 
Commissioner of India.\ Affairs, 

W<isJiinf/i())t. D. C. 
Dear Sir: With regard to the chiirges made against the character of Supt. 
Johnson, of the Cushman Indian School, we, as the oflicials of the Tacoma Young 
Women's Christian Association, would like to state that our relations with Mr. 
Johnson have been most cordial. 

During the last year, since the organization of our sjiecial work at the school, 
he has given us his hearty support and has constantly united with us in our 
efforts toward the uplift of the girls of the school. 



398 CUSHMAN SCHOOL, WASHINGTON. 

We had never heard a word derogatory to his moral character until the pub- 
lication of the charges against hiru. We feel that he is entitled to another inves- 
tigation, and if he is granted the same we feel confident that the charges against 
him will be found to be without foundation. 
Very truly, yours,. 

Mrs. C. S. Bowie, Supervisor. 



Municipal Departaient of I'rBLic Safety fob Young Women, 

Tacoma, Wash., October 30, 1913. 
Commissioner of Indian Affairs, 

Washington. D. C. 
Dear Sir: My attention has been called to the investigation of the conduct of 
Siipt. Johnson, of the Cushman School. 

As public morals officer of the city of Tacoma, I have held my jiresent position 
almost four years. ;uid have known Mr. Johnson almost all of that time. I have 
worked witli him on several cases involving wayward Indian girls, and have 
had several long talks with him regarding the problem of the Indian girl. I 
have always found him most anxious to do everything in his power to protect 
the girls and to raise their standards. The uplift of the Indian pupils and the 
proper management of his school always seemed to be tlie interest nearest his 
heart. 

I also know Mr. Johnson's family, and do not liesitate to express the belief 
that he leads an exemplary life. 

I ha^e watched the growth of the Cushman School under the management of 
Supt. Johnson, and have seen it grow from a second-rate institution to one that 
the city of Tacoma is proud of. 

In closing, I wish to express my entire confidence in Mr. Johnson and a keen 
regret that he and his family are compelled to undergo what appears to me to 
be an unjust attack. 

Very truly, yours, 

Winnifred S. Covell, 

Puhlic Morals Officer. 



Tacoma, Wash., November 13, 1913. 
Honorable Commissioner Indian Affairs, 

Washington, D. C. 
Sir: The business committee of the Puyallup Tribe of Indians wish to say 
a few words in behalf of our superintendent, Mr. H. II. Johnson. 

Mr. Johnson has been with us over five years and has been most zealous in 
guarding our interests. 

In fact we feel that the present attack on him is partially due to his untiring 
efforts to save our cemetery intact. 

It has been almost 20 years since we have had an agent who has worked 
for our interests and welfare as has Mr. Johnson. 

We wish also to pay tribute to Mr. Johnson's management of the Cushman 
School, particularly in the matter of safeguarding the morals of the pupils. 
The rigid but kindly discipline maintained at the school is the subject of fre- 
quent and favorable comment among the Indians. 

Our children have been more than willing to be enrolled as students of the 
Cushman School, and we all feel that they are perfectly safe in his hands. 

We do not hesitate in declaring our belief that the charge of immorality 
brought against Mr. Johnson is without foundation in fact. 

On behalf of the Puyallup Tribe we petition you to restore Mr. Johnson to 
his position as superintendent of the Cushman School and Agency. 
Very respectfully, yours. 

John (his x mark) Muker, 
Charley (his x mark) Sotiacum, 
John (his x mark) Hote, 
Joseph (his x mark) Swayall, 
Henry C. Sicade, 
Business Committee of the Puyallup Tribe. 



CUSHMAN SCHOOL, WASHINGTON. 399 

Right Rev. Freberic W. Keator, D. D., 

Bishop of Olympia, 
Tacoma, ira.s'/t., Novemhrr 21, 1913. 
To the Commissioner of Indian Affairs, 

Wasluny(on, D. C. 
Sir : I ask the privilege of adding to that of mauy others my cordial com- 
mendation of Mr. Herbert H. Johnson, until recently in charge of the Cushman 
Trade School at Tacoma. I have know JMr. Johnson personally for the past 
five years, not only in connection with the school, but in various social rela- 
tions. I have several times visited the school and noted his relations with those 
with whom he was associated. His management of affairs has invariably 
impressed me as in every way efficient and exemplary. 

In all my association with Mr. Johnson, I have always found him a man of 
high ideals, strong moral purpose, and entire devotion to the work intrusted 
to him. 

None of the charges recently made against him have in any way changed my 
judgment of the man or shaken my confidence in him. 
Respectfully, 

Frederic W. Keator. 



First Methodist Episcopal Church, 

Tacoma, Wa.^h., Noranber 21, 1913. 
Commissioner of Indian Affairs, 

Washinyton, D. C. 
Dear Sir : Having been a resident of this city for nearly four years, I have 
had some knowledge of the character and work of Mr. H. H. Johnson, superin- 
tendent of the Cushnijiu Indian School in this city. 

It has been my privilege to visit the school three separate times. I have 
always found Mr. Johnson courteous and gentlemanly, and so far as I could ever 
see or learn, very faithful and efficient in the discharge of his duties. 

Because of special interest in this class of work, to which I have given some 
more than usual attention, I have noted the situation with more than the atten- 
tion of a mere casual visitor. 

So far as I know, or have ever heard, Mr. Johnson's reputation in this city 
for moral uprightness is never questioned. To the best of my knowledge he 
has the confidence and respect of those who know him best. 

In \iew of recent happenings concerning the affairs of the above-mentioned 
school, it gives me great pleasure to bear testimony to my personal respect for 
and belief in the uprightness of character of Mr. Johnson. 
Most respectfully, 

Thomas W. Lane. 

Tacoma, Wash., November 22, 1913. 
To whom it may concern: 

This is to certify that for over a year I have attended the Cushman Indian 
School, caring for the spiritual welfare of the Catholic children who are mem- 
bers of it. Of my own accord and freely I am happy to state that I have ever 
found Superintendent Johnson a perfect gentleman, and, as far as I have dealt 
with him, an honor to the service which he represented. Neither have I in 
public or in private ever noted or heard anything reflecting upon his capacity 
or good conduct. 

Yours, sincerely, 

IG. A. Vasta, S. J. 



Tacoma, Wash., November 17, 1913. 
To whom it may concern: 

This is to certify that I have been personally acquainted with Mr. H. H. 
Johnson, superintendent of the Cushman Indian School, ever since he came to 
that school. I resided near the school previous to his coming there and for a 
short time afterwards, hence have had occasion to observe the conditions there, 
and I can freely say that Mr. Johnson has built up the school and improved the 



400 CUSHMAN SCHOOL, WASHINGTON. 

couditious of the buildiugs aud gronnds, aud I believe the discipline of the 
school, very materially. I have never heard anything derogatory to his char- 

Rev. Joel Vejus, 
City Missionary of the Methodist Episcopal Church. 



East Congrkgational Chukch, 

Tacoma, Wash., November 17, 1913. 
The CoMAiit-siONEK of Indian Affairs, 

Washington, D. C. 

Dear Sir: It is with regret that I read of the charges made against H. H. 
Johnson, superintendent of Cushman Indian School, Tacoma, Wash. 

Mr. Johnson always impressed me as being a real friend to the pupils under 
his charge, and I am reluctant to believe any wrongdoing between him and any 
of the girls under his care. 

I have asked this man if there is the least possible foundation for the charge 
of improper conduct with girls, aud he informs me there is not. 

You will pardon me. I am sure, if I ask that Mr. Johnson be given the benefit 
of a doubt, for it would be an awful calamity to degrade by dismissal an inno- 
cent man. 

I IvUGw Mr. Johnson will receive at your hands a fair hearing; this letter is 
not a plea for that; it is simply a request that in view of Mr. Johnson's past 
and for the sake of his wife that I ask that if a doubt exists to please extend 
the benefit to Johnson. 

You have facts and information to help you in comi?ig to a decision. I simply 
have the word of Mr. Johnson. Rut I do ask that yoii please extend to him any 
reasonable doubt. 

If I can at any time be of service to the cause of the Indian in Tacoma you 
have simply to command me. During the past year Cushman Indian orchestra 
and band have been in our church three times. Sunday, November 30, we shall 
present the Cushman orchestra to the public in a sacred concert. By this 
means in a ponnlar way I am trying to Iiring Tacoma and Cushman Indian 
School affairs into a closer sympathy and better understanding. 

The first introduction of Cushman Indian School to public in my church was 
made possible by Mr. Johnson; for this I feel very jjindly toward Mr. Johnson. 
Yours, very faithfully, 

A. D. Shaw. 



'I'ACO.M A COMMKRCIAI. CLri! AND C 1 1 AiU'-lJU OF COiiMERCK. 

Tacoiiifi. Wash.. Xovemhcr 19. 1918. 

Kcsolulinii adopted by the board of trustees of the Tacoma Commercial Club 
and Chamber of Commerece in regular session, Tuesday, November IS, 1913 : 

Resolved. That the board of trustees of the Tacoma Commercial Club and 
Chamber of Commerce extend to Supt. H. H. Johnson, of the Cushman Trades 
School, assurance of its belief in the intelligence, honesty, and efficiency of his 
direction of that institution, and of its admiration for tlie energy and devotion 
with which bis work has l)een characterized, and which h;:s resulted in the 
establishment of the foremost vocational school for Indians in the I'nited St;;tes. 

Attest : 

The foregoini,' is a true copy of a resolution adojited by the board of trustees 
of the Tacoir,.-! ComuKMcial Club and Chamber of Commerce, in reiiular session 
November is. 101.",. 

T. H. :Martin, 
^eeretari) and General Manager. 



Btjllard & IIii,L, Architects, 
Tacoma, Wash.. Novemher 11, 1913. 
To the honorable Commissioner of Indian Affairs, 

Washington, D. C. 
Sir: In the monih of July, 1909, the writer was appointed by the Secretary 
of the Interior as superintendent of eonstructicn at the Cushman Indian Trades 
School, to superintend the construction of a number of buildings then being 



CUSHMAN SCHOOL, WA!--HINGTON . 401 

frected by contniet for tlie school. During the followiug years of 1910 aiid 1911 
I was reappointed to act in the same office on other buildings and improve- 
ments then being constructed. During these three years it was my resjionsibil- 
ity to superintend approximately $195,000 worth of work at the school for the 
Department of Indian Aifairs. 

When I was appointed to the position mentioned, I practically had no ex- 
perience with the customs of this department of Government work, and had but 
little knowledge of the methods and character of the employees of the Depart- 
ment of Indian Affairs. Supt. H. H. Johnson and his ofhce associates were each 
and all entire strangers to me. I entered upon my duties as superintendent 
of construction, not only with a desire to secure the best results possible in the 
building operations but also to advise and to cooperate with Mr. Johnson 
pertaining to the work under my sniiervisiou. This led me to come iu close 
relations with him and to carefully observe the spirit and motive that prompted 
him in all his actions pertaining to the work and to my position as superin- 
tendent. 

In all my dealings with Mr. Johnson I never observed an intimation or sug- 
gestion of "anything questionable in thought, word, or deed. His every act ap- 
peared impartial and unselfish, and to be prompted with a motive to secure the 
best results possible for the school and for the Department of Indian Affairs 
which he represented. I found him thoroughly practical and conversant with 
building construction, and to be a man with whom I could advise and consult 
with the utmost frankness. Our conferences were always pleasant and har- 
monious. 

My acquaintance and experience with Mr. Johnson leads me to believe him to 
be a* man of exemplary character, and to be a person of unquestioned integrity. 

Geo. W. Bullard. 



Bankki;s' Thust Company, 
Tacoma, Waxh., Xorcmhcr 15, 1913. 
Commissioner of Indian Affairs, 

Washington, D. C. 
Dear Sir: I have had occasion to observe somewhat inliniate'.y the work of 
Supt. H. H. Johnson, of the Cushman Trades School, of this city, .nid I have 
been greatly impressed by the enthusiasm he has displayed in the practical up- 
building of the school. 

As president of the chamber of commerce a few years ago I took an active 
interest in the school's affairs, and the chamber did what it could to aid Mr. 
Johnson In obtaining increased appropriations, and especially in having the 
Government pave the street through the school grounds. 

At no time did I find Mr. Johnson other than a tireless worker, earnestly 
endeavoring to promote the school's interests, and it seems to me a matter of 
much regret that what seems somewhat like jiersecution of a i)olitical and 
personal nature should have brought about his temporary suspension. 

I trust that when the facts are thoroughly investigated Mr. Jelinson will be 
promptly reinstated. 
Your.s, truly. 

Gf.o. r>. BuRKi:, Vice President. 



Northern Pacific Railway Co., 

Passenger Department, 
Tacoma, Wash., Novcm1)er 15. 1913. 
Mr. Cato Sells, 

Commissioner of Indian Affairs, Washingtrm, D. C. 
Dear Sir : I beg leave to address you on behalf of IMr. H. H. Johnson, former 
superintendent of the Cushman Indian School, of Tacoma, whom I understand 
is under suspension. 

During Mr. Johnson's incumbency I have been associated with him in a 
business way to a large extent and I have yet to learn of any irregularity on 
his part, and further, I can vouch for his integrity and uprightness as a man, 
and furthermore I can state that he is a gentleman well thought of in the 
comimmity and I never have heard during my acquaintance with him of any 
adverse criticism whatsoever. 
Yours, verv truly, 

C. B. Foster, City Passenger Agent. 



402 CUSHMAN SCHOOL^ WASHINGTON. 

W. P. Fuller & Co., 
Tacoma, Wash., Novemher 8, 1913. 
Commissioner of Indian Affairs, 
City. 
Dear Sir: This is to advise that in all the dealings between Mr. H. H, John- 
son, as superintendent of the Cushnian School, we have found) him strictly fair 
and at no time have we received any business from him except when we were 
the low bidder and legitimately entitled to same. 

We have found Mr. Johnson strictly honorable in all his dealings with this 
house and are pleased to offer this information as to his business transactions 
with this company. 
Yours, truly, 

W. P. Fuller & Co., 
By J. S. Menefee, Manager. 



State of Washington, Treasury Department, 

OJympia. November 19, 1913. 
Hon. Commissioner of Indian Affairs, 

Washington, D. C. 
Dear Sir: I have noticed in the daily papers the announcement of the sus- 
pension of I\Ir. H. H. Johnson, superintendent of the Cushman School. I have 
known Mr. Johnson for .-.bout five years and always regarde<l him as a man of 
sterling character. His record as an honorable business man is good. The 
citizens of Tacoma believe him to be above reproach, morally, and do not credit 
the stories to the contrary. 

I feel sure that Mr. Johnson will clear himself when allowed to present his 
side of the case. 

Respectfully, yours, 

Edwaed Meath, 

State Treasurer. 

Horgan Parker Co. Department Store, 

Tacoma. Wa.<<h.. Ovtohvv 31, 1913. 
Honorable Commissioner Indian Affairs, 

Washington, D. C. 

Dear Sir: We wish to say a word for Supt. Johnson, of the Cushman S<'hool, 
who is now suspended pending the investigation of certain charges. 

We have known Mr. Johnson ever since he came to Tacoma. He is always 
filled with enthusiasm for his work and seems to be always planning new ways 
to make his school better and the pupils happier. 

When the Christmas season comes around Mr. Johnson is always on hand 
with an earnest plea for help to give his children a Christmas remembrance. 
It has always been a pleasure to us to respond to his request made in behalf 
of the Indian children. 

We have seen the school grow under Mr. Johnson's management from a few 
dilapidated buildings to a splendid up-to-date trades institution valued at over 
$400,000. The attendance has increased from less than 150 to over 350. 

We certainly feel that such untiring work will receive just recognition at 
your hands. 

A man tliat has worked so hard for his institution as has Mr. Johnson can 
not be guilty of serious wrongdoing. 

Mr. Johnson universally bears a splendid reputation for honesty, energy, 
and uprightness. His personal life and character are above reproach. 

We feel confident that an investigation will speedily acquit Mr. Johnson 
of any wrongdoing, and that he will again he directing affairs at Cushman as 
efficiently as he has done in the past. 
Respectfully, yours, 

P. J. Parker. 

Tacoma, Wash., Octohev 31. 1913. 
Commissioner of Indian Affairs. 

Washington, D. C. 
Dear Sir: We notice from the press that charges have been preferred against 
Mr. H. H. Johnson, superintendent of the Cushman Indian School in this 



CUSHMAX SCHOOL, WASHINGTON. 403 

county, and Mr. Johnson called on the writer with reference to the same. 
We haA-o known :Mr. Johnson ever since he came to Tacoma, more than five 
years ago. The writer does not know anything with reference to the truth 
or falsity of the specific cliarges made against Mr. Johnson; however, our firm 
has had considerable business dealings with him, and we can say, without 
hesitation, that so far as our business dealings and acquaintance with him 
go he is .-ibsolntely honest and honorable in all business matters. Among the 
business men of our acquaintance who know Mr. Johnson his reputation and 
moral character are considered good. 

Our understanding has always been that he has made the Cushman Indian 
School an institution to be proud of, and sincerely trust that the charges against 
him will prove unwarranted, and if so that he will be restored to duty at the 
Cushmau Indian School. 
Very truly, yours, 

Wm. L. Davis & Sons, 
Wm. L. Davis. 



Tacoma, Wash., islovemher 1, WIS. 
Commissioner of Indian Affairs, 

Washington, D. C. 
Dear Sir: In reference to the accusations against H. H. Johnson, of the 
Cushman School, would say that I have known Mr. Johnson over three years, 
and must say that his reputation as to sobriety, integrity, and morals is beyond 
reproach, and I feel that it is through ulterior motives that these accusations 
are made. 

Yours, very respectfully. 

R. Vaeth. 



JONES-SCOTT Co., 

Tacoma, Wash., November 1, 1913. 
Hon. Cato Sells, 

Commissioner of Indian Affairs. Wasliingtoii, D. C. 

Dear Sir : It has come to my knowledge that charges have been filed against 
H. H. Johnson, of the Indian school here, reflecting upon him both financially 
and morally, and that pending a full investigation of his case he has been sus- 
pended and not allowed up to this time to make a defense. 

I feel sure that it can not be the intention or desire of your department 
to convict a man without giving him a fair and impartial hearing, and I am 
not prepared at this time to say that the result might be any different if he has 
full opportunity to defend himself, but will be greatly surprised if such is the 
case. 

The school, as you may know, is situated practically in the city of Tacoma, 
and is looked upon more or less as a Tacoma Institution. Before the arrival 
here of Mr. Johnson, there had been more or less friction betw^een the local 
management and the department in Washington, and with some of these mat- 
ters I became somewhat familiar. 

I will say I was president of the chamber of commerce and board of trade 
here for six years, and it was while I was acting in that capacity I met him, 
and with some knowledge of the man who had preceded him, and watching him 
closely since his arrival over five years ago, had formed a very high opinion 
of him as an officer of the Government and as a citizen. I know his wife and 
family and have never had the slightest reason to believe he was not a model 
husband and father. 

In my connection with a bank here I have had occasion to meet him both in a 
personal and official way, and Johnson's opinion of his work always carried with 
it the fullest confidence. Now, all this being true, you can imagine when I 
heard of his discharge what a surprise it was, and I hate to have my idols thus 
shattered without some protest from me. 

I may say I have never had any dealings or any such Intimacy with him 
that places me under the slightest obligations to him, and my only object In 
thus writing regarding the case Is that I believe in him, and still believe in him, 
and desire he gets a square deal. 

In conclusion, will say that if he gets a fair opportunity to bring his case 
before you, and if, after weighing the evidence and acquainting yourself with 



404 CUSHMAN SCHOOL, WASHINGTON. 

the motives behind the iiarties lujiking charges, you then decide he is wrong, 
I will be satisfied, but disappointed. 
Very truly, yours. 

William Jones. 



Tacoma. Wash.. November ], 1913. 

COMMISSIONKU of INDIAN AFFAIRS, 

Washington, D. C. 

Dear Sik : We take the liberty to address you with reference to the suspen- 
sion of Supt. H. H. Johnson from the Cushman Indian School, of this city, and 
particularly with reference to published report in this morning's Ledger pertain- 
ing to the charges filed against him by your department. 

In justice to all concerned, your department included, we feel it our duty to 
remonstrate strongly against the person or persons lodging comi)laints of this 
nature again.st a man who. we believe, is innocent of the charges mentioned. 

The writer has known Mr. Johnson intimately since his residence here as a 
temperate, honest, and particularly zealous servant of the Government. 

We have transacted considerable business with him and have always found 
him painstaking and most exacting in his trading, always having in mind the 
best interests of the Government who he represents. 

The writer has met him socially at dinners and other functions, in our com- 
mercial club, where oi)portnnities wore offered to indulge in intemperance, and 
can positively .state this man is not a drinker. 

From a constant observation, covering a period of several years, we have 
regarded this man as decidedly " on the job," and we know him to be well 
regarded in this community. If he has overstepped the strict limits of regula- 
tions covering his duties, we would say it was from an overzealous inclination 
to conserve your interest and certainly not for any personal advantage or gain. 

We sincerely hope and believe that he will be able to clear himself completely 
of the charges filed and herewith strongly reconnnend his reinstatement by your 
department, on the plea that he is particularly well fitted to handle the position, 
as evidenced by the progressive condition which obtains at the school at the 
present writing. 



Very respectfully, yours. 



Crane Co.. 
By John W. Misiner, Local Manager. 



The National Bank of Tacoma, 

Tacoma, Wash., October /?/, WIS. 
Hon. Cato Sells. 

Commissioner of Indian Affairs. WasJiington, D. CJ. 
Dear Sir: In connection with the recent suspension of H. H. Johnson, super- 
intendent of the United States Indian school near this city, it gives me much 
pleasure to testify to his excellent character and business integrity during his 
incumbency of the position from which he was removed. Mr. Johnson is known 
here as a total abstainer from intoxicating liquors and a man whose moral char- 
acter is above reproach. During all the time he was in charge of the agency his 
business was transacted through the National Bank of Commerce, recently 
merged with this institution, and I never knew him to do anything not strictly 
in line with the best business ethics. He was devoted to his work, and his many 
friends in Tacoma feel that a great injustice has been done him, and that he 
will surely imrge himself of the charges made if given an opportunity to present 
his proofs. 

Yours, respectfully. 

E. T. Wilson, Vice President. 



Tacoma, Wash., Xoreinher 11, l')1o. 
Commissioner of Indian Affairs. 

Washington, D. C. 
Dear Sir : It is with regret that we learn of the criticism of 'Mv. H. H. John- 
son's management of the Cushman School. Having had business dealing 
with him the past six years, wish to advise you, in his behalf, that he has 



CUSHMAN SCHOOL, WASHINGTON. 405 

always bad the interest of tlie selitiol in mind. His purcLases from us have 
been at a close price — being competitive bidding — never soliciting us for per- 
sonal favors, and we were never given any preference over other bidders, and 
did not secure a large percentage of the business on which we su'umitted 
quotations. 

The writer has known Mr. Johnson since his arrival in Tacoma— n m;in of 
ability and public esteem, devoted to the upbuilding of the school— and believe 
his removal would be a mistake and an injustice. 
Respectfully, yours, 

Reliance Lumber & Timbick Co. 

G. L. Hatchell, Manager. 



Tacoma, Wash., Novcmhcr !K 1!>1S. 
Commissioner of Indian Affairs, 

Washington, D. G. 

Dear Sir: Permit me at this time and in this manner to convey to you my 
highest personal regards, respect, and esteem of jMr. H. H. Johnson, now under 
temporary suspension of the superintendence of the Cushman Indian School. 

I have had the pleasure of knowing Mr. Johnson quite intimately since his 
arrival at the school, and, being one of the members of the board of education 
of this city, I have had the privilege and duty of investigating different phases 
of the school situation under Mr. Johnson, and must say, in .iustice to him, that 
he has the general educational, social, and moral welfare of the school exceed- 
ingly well in hand, and, with the great majority of students, teachers, and 
employees, we find him held in the very highest degree of respect and con- 
sideration. 

As one who has had considerable dealings with him in a business as well as 
professional way, the writer believes he voices the s;nue words, feelings, ami 
respect for the high personal character and business worth of Mr. Johnson, as 
hundreds of Tacoma business men would be pleased to do if they had the oppor- 
tunity or thought the occasion may require it. However, as to the business 
capabilities, methods, economy, and efficiency of Mr. Johnson, no one is in better 
position to judge than yourself. 

Trusting you will give this humble testimonial in behalf of Mr. Johnson due- 
notice and consideration, and not be swayed by the personal animosities, petty 
jealousies, and malicious testimonials of those who would be happy in destroy- 
ing any human character, and thanking you in advance for any favors which 
you may see right and just in extending to him, I beg to remain 
Yours, verv respectfully, 

Elwell H. Hoyt. 



Seattle, Wash., Xovcinhcr 12, 1013. 

Sir • We have noticed in the local papers that Commissioner H. H. Johnson^ 
of the Cushman School, of Tacoma, has been charged with several irregidarities 
in connection with his duties as superintendent of the above institution. 

^^> wish to state in this connection th;it we have been well acquainted with. 
Mr. Johnson for over two years past and have always considered him a man of 
sterling honesty and high moral character in every respect and one who was. 
thoroughly conscientious and vitally interested in the performance of his duties. 

Some two years ago we succeeded in securing an order from the Indian De- 
partment for most of the equipment of the Cushman School, we being in compe- 
tition with machinery houses as far east as Chicago, our prices being practically 
the same as those submitted by the eastern houses of the same line of goods, 
one of the principal reasons for being successful being due to our close location, 
and the fact that we could give prompt and efficient service. Mr. Johnson han- 
dled this proposition in a thoroughly businesslike manner, with the cooperation 
of his assistant. Mr. Griffith: and due to the eastern competition which we 
encountered on this order, and which Mr. Johnson stimulated, we received the 
business on a much less margin of profit than we ordinarily handle propositions 
of this nature for. The writer has visited the school on quite numerous occa- 
sions since. Mr. Johnson has spoken with a great deal of pride on the benefi- 
cial results derived by the institution from the manual-training department at 
the school, and also appeared very enthusiastic and personally interested in its. 

35601— PT 3—14 13 



406 CUSHMAN SCHOOL^ WASHINGTCN". 

other bnuu-bes aud welfare in geuend. "We bnve also assisted liim in securing 
i\ competent instructor for his manual-training department. 

On the whole, we have always considered him a thoroughly straightrforward 

and const-ientious executive, or at least he has always proven such in the quite 

extensive deali'i.us we have had with him. and it was with considerable surprise 

and retirct tb:ii we learned of the present embarrassment in which he is placed. 

Very truly, yours, 

Hallidie Machinery Co. 
William R. I^e Blond. 
Com MISS ION i:r of Indian Affaies, 

Washington. D. C. 



liiAiN Eleven. Southern Railway, 

October 7. 1913. 
Hon. Franklin K. Lane. 

Secretary uf Interior, Washington. D. C. 
Joint Commission to Investigate Indian Affairs unanimously recommend im- 
mediate separation of Hui)t, Johnson. Cushman School, from the sen-ice for the 
good of the service. 

Joe T. RoniNSON, 



Train Eleven. Southern Railway. 

Octoher 8. WIS. 
The Secretary of the Interior. 

Washington, D. C. 
Mr. Secretary: I telegraphetl you last night in substance that the Joint 
Commission to Investigate Indian Atfairs un;inin,onsly recommended that Supt. 
Johnson, of the Cushman School and Quinaielt Resen-ation. be immediately 
separated from the service. The jirincipal grounds upon which this recom- 
mendation is based is the fact that for some time he is believel to have abused 
liis position and mistreated female pupils under his charge by paying them 
improper alteutioa and fondling them. The commission, with the assistance of 
■Inspector IJunen, took tlie testimony of several young ladies, pupils in the 
school, of the matron, and the seamstress at the Cusliman School, and of some 
former pupils, all of whom testified ttiat on sundiy occasions Supt. Johnson had 
embraced and kissed certain young lady pupils, and had ofiered some similar 
attentions to certain teachers in the school. There is no evidence of criminal 
conduct on the part of Mr. Johnson, but the commission believes, and s(» does 
Inspector I.innen, that his usefulness is destroyed by reason of the fact that his 
pupils have lost all respect for him. It is quite regrettable that such circum- 
stances should exist, for the school is otherwise progi'essing in a very satis- 
factory Avay. Information as to Supt. Johnson's conduct toward his female 
pupils reached us because of the general rumor among the larger pupils at the 
school, and we felt it imperative to make an immediate investigation of the 
matter, vv'ith the result above indicated. There are 14 ladies, more than half 
of them pupils, whose names have been furnished us, disclosing improper 
conduct on the part of Supt. Johnson. INIore than half this number consists of 
former pupils and several, two or three, are still students at the school. A copy 
of the testimony will be furnished Inspector Linnen, and he will make a formal 
I'epoit as soon as this testimony can be transcribed by the stenographer. 

Yours, truly, Joe T, Robinson. Chairmnn. 



Train 11. Southern Pacific Railway, 

October S. 1913. 
Hon. Harry Lane, 

United States Senate, Washington, D. C: 
Commission investigated Cushman School and found state of facts which, in 
*•' our judgment, maike it imperative to recommend immediate dismissal from 
service of Supt. Johnson. We have accordingly wired Secretary Lane to that 
effect. 

Joe T. Robinson. U. S. Senator. 



CUSHMAN SCHOOIi, WASHINGTON. 407 

Washington, D. C. October 9, 1913. 
Senator Joe T. Robinson. 

Chairman {try AJc.randria JJofcl). Lo.s Angeles: 
I will back your action Cuslinian School superintendency. 

Harry Lane, U. S. Senator. 



Department of the Interior, 

Offick of Indian Affairs, 
Wa-sfiinf/ton, October 11, 1913. 
Senator Joe T. Robinson, 

Care Senator Fall, Three Rivers, N. Mcr.: 
Your telegram seventh. I have ordered immediate suspension of Johnson 
and placing of special officer temporarily in charge. Please forward to me such 
facts as you may have in the case for use in preparation of charges as re- 
quired by law. 

Cato Sells, Commissioner. 



Lonoke, Ark., October 23, 1913. 
Mr. E. B. Linnen, 

Inspector, care Hon. Cato Sells. Coitnnissioner of Indian Affairs, 

Washington, D. C. 
Dear Mr. Linnen : I transmit herewith a copy of that part of the testimony 
relating- to the conduct of Supt. Johnson, Cushman Indian School, Tacoma, 
Wash., taken by Ross Williams. A copy of the testimony of other witnesses 
relating to the same subject matter taken by Stenographer Bourland will be 
furnished you .iust as soon as it has been received. With personal regards, 
I am. 

^'ery truly, yours, 

Joe T. Robinson. Ghmrman. 



December 8, 1913. 
Hon. Cato Sells, 

Commissioner of Indian Affairs, Washington. D. C. 
My Dear Sib : Referring to the case of H. PI. Johnson, superintendent of the 
Cushman School. Tacoma, Wash., and your verbal inquiry as to whether the 
joint connnission to investigate Indian affairs have any further information or 
suggestions to submit to you, I have to inform you that Mr. Johnson appeared 
in person before the commission on Friday, Deceml)er .5, and made a further 
statement regarding the charges against him and tiled statements and affidavits 
relating thereto. Upon a consideration of the whole case the commission is 
unanimously of the opinion that the recommendations heretofore made to the 
effect that Supt. Johnson be separated from the service for the good of the 
service should be adhered to. 
Yours, very truly, 

Joe T. Robinson, Chairman. 



Department of the Interior, 

Office of Indian Affairs, 

Washington, December 16, 1913. 
My Dear Senator: I have this day ordered, subject to approval of the Sec- 
retary of the Interior, the dismissal of H. H. Johnson as superintendent of 
Cushiiian Indian School, being satisfied from the record that such action is 
required. 

Very truly, yours, 

Cato Sells, Commissioner. 
Hon. Joe T. Robinson, 

Chairman Joint Commission to Investigate Indian Affairs, 

United States Senate. 



PHOENIX SCHOOL, GILA RIVER, CHUAHCHU, COCK- 
LEBUR, AND GILA BEND RESERVATIONS 



HEARINGS 

BEFORE THE 

JOINT COMMISSION OF THE 
CONGRESS OF THE UNITED STATES 

SIXTY-THIRD CONGRESS 

FIRST SESSION 

TO 

INVESTIGATE INDIAN AFFAIRS 



OCTOBER 13, 1913 



PART 4= 



Printed for the use of the Joint Commission 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1914 



Congress of the Unitf.d States. 

JOINT COMMISSION TO INVESTIGATE INDIAN AFFAIRS. 

Senators : Representatives : 

JOB T. ROBINSON, Arkansas, Chairman. JOHN H. STEPHENS, Texas. 

HARRY LANE, Oregon. CHARLES D. CARTER, Oklahoma. 

CHARLES E. TOWNSEND, Michigan. CHARLES H. BURKE, South Dakota. 

R. B. Keating^ Arkansas, Secretary. 

Ross Williams, Arkansas, Clerk. 
U 



INDEX 



Page. 

C. W. Goodman 409 

Jacob Breid 421 

Theodore F. Moore 428 

Lee Cross Hardy 429 

William J. Oliver 435 

C. W. Goodman (recalled) 438 

Lee Cross Hardy (recalled) 440 

C. W. Goodman (recalled) 442 

William J. Oliver (recalled) 442 

Frank A. Thackeray, superintendent Gila River Reservation 445 

III 



PHOENIX SCHOOL, PHOENIX. 



MONDAY, OCTOBER 13, 1913. 

Joint Commission to Investigate Indian Affairs, 

Phoenix hidian School^ Phoenix^ Ariz. 
The commission met at 1 o'clock p. m., pursuant to the call of the 
chairman. 

The following members were present: Senator Joe T. Eobinson 
(chairman), Senator Charles. E. Townsend, and Representatives 
John H. Stephens, Charles D. Carter, and Charles H. Burke. 

STATEMENT OF C. W. GOODMAN, SUPERINTENDENT OF PHOENIX 
SCHOOL, PHOENIX, ARIZ. 

C. W. Goodman, first being duly sworn by Senator Townsend, 
testified as follows: 

By Senator Townsend: 

Q. What is your position? — A. Superintendent of the Indian 
school here. 

Q. How long have you been in that position? — A. Almost 12 
years here. 

Q. Where were you before you came here? — A. Chillocco, Okla. 

Q. How long were you superintendent at Chillocco? — A. Three 
year.s and four months. 

Q. Had you been in the service prior to that time? — A. Yes, sir. 
Previous to that time I was superintendent at Pawnee, Okla.; and 
before that at Kings Canyon one year, and before that I was super- 
visor of Indian schools in the north, from Michigan to the Dakotas. 

Q. How old are you? — A. Fifty-three. I have been 21 years in 
the service. 

Q. What have you here; the Phoenix School and hospital? — 
A. Yes, sir. 

Q. That is, what are you superintending? — A. I am superintend- 
ent of the Phoenix Indian School, which includes the main school 
and the sanitorium, 1 mile east of here. 

Q. What is ih^ extent of the grounds that the Government owns 
here? — A. Two hundred and forty acres. 

Q. How much in the tract where the school is?— A. One hundred 
and sixty. 

Q. How much in the other tract? — A. Eighty. 

Q. What do you teach here in this school ?— A. In the classroom 
we teach the common, ordinary branches to the eighth grade. Be- 
sides we teach various industries and trades, such as carpentry, wood- 



410 PHOENIX SCHOOL^ PHOENIX. 

working, blacksmithing, engineering, painting, plumbing, tinning, 
horseshoeing, harness making, printing, and more or less tailoring to 
the big boys. In addition to that we have farming, fruit raising, 
gardening, and dair^'ing. And to the girls housekeeping, cooking, 
laundering, sewing, nursing, etc. Then we have other work in 
broom making. 

Q. What are the ages of 3" our pupils here? — A. They run from 
12 to 21, although we have a few under 12. 

Q. You have that for regiilation? — A. The regulations provide 
that from 14 to 21. They permitted us to retain the smaller ones 
that we had, and we took in brothers and sisters of the small ones 
and others that did not have school accommodations near home. 

Q. What is your average attendance? — A. It usually runs about 
650 to 700. 

Q. Wliat is the period of your school year? — A. From about Sep- 
tember 15 to June 20. 

Q. What do they do in the meanwhile ? — A. That seems to be our 
busiest time. There is always some place here. The industrial work 
goes on. We keep as few as we can get along with to carry on the 
dairying, etc. 

Q. What places do they come from? — A. All over the southwest — 
New Mexico, California, Oregon, Washington, Oklahoma, Nevada, 
and a few from other States. 

Q. Is there any fee to any of the pupils who come here ? — A. None 
whatever. 

Q. You receive no moneys from any source whatever except from 
the Government? — A. Yes. There is a provision that permits us to 
take in white people, but we have not done so. Some of the pupils 
have come to the sanitorium and paid their own way for transpor- 
tation. 

Q. What is done Avith that money? — A. Paid out for transporta- 
tion. 

Q. They pay nothing for treatment? — A. No, sir. 

Q. Have you had any white children? — A. None, except occasion- 
ally the children of an employee have been allowed to enter school. 
That is only done for accommodation. 

Q. Have you kept track of your boys and girls after leaving 
school? — A. As far as possible. 

Q. What becomes of them? — A. JNIany go to the reservations, and 
others work in town and about the country on roads and farms. 

Q. Do you notice what influence they have in the reservation 
where they return there? — A. The people in charge of the reserva- 
tion speak highly of them, and they can speak better about that. 
From reports we think their influence is pretty good. In some, cases 
they go wrong, but so far as we know not more than among other 
people. 

Q. Can you tell what the cost of maintaining this school per capita 
is? — A. It runs from $175 to $180 or $190 per capita a year, or an 
average of about $167. 

Q. Do you keep any track of it so that you could tell? — A. We 
know exactly what amount is expended. The appropriation is made 
on the basis of 700 pupils. If we fall short of 700 the per capita is 
higher, if we spend all of the appropriation. 



PHOENIX SCHOOL, PHOENIX. 411 

Q. Do you expend any money here except the appropriations? — 
A. Some proceeds of class three and four, such as the sale of articles 
manufactured here, the sale of stock raised here, miscellaneous 
money for especially made articles, the sale of young calves or cattle 
we wish to dispose of. 

Q. Do you keep track and make report of what you produce 
here? — A. Yes, sir. 

Q. Do you make estimate of the amount of value obtained from 
the marketing of your beef ? — A. Yes, sir. 

Q. Are some of the articles that are made by the Indians used in 
the institution? — A. A great many of the products of the farm are 
used here. 

Q. Do you keep any track of them and make report? — A. We 
make a quarterly report on that. 

Q. Is that taken into consideration when you make estimation of 
the expense of the institution? — A. No, sir. 

Q. Has that amount, $1G7 per capita, remained about the same 
from year to year ? — A. Yes ; as well as I remember. 

Q. Have you increased the production in the meanwhile ? — A. We 
have also increased the industries. If we are teaching and not 
simply running a factory the expense is less. The more shops and 
industries we have the more expense. 

Q. You have a separate fund for the hospital, sanitarium, and 
for the school ? — A. That was started as an experiment three or four 
years ago. The last two or three years we have had more or less 
from the medical fund. 

Q. How much have you received this year from that fund? — A. 
We have two employees paid out of that. Some small amount for 
supplies, and some little money for building. Most of the support 
heretofore has been from other sources. 

Q. How much have you received from other sources? — A. Dr. 
Breid can give you more definite information. 

Q. Do you have any trouble in the discipline of your pupils? — 
A. Very little. We find them very easy people to manage. 

Q. What particular trouble do you have when you do have 
trouble? — A. Some of the boys have a taste for whisliy. 

Q. Do they get it on the grounds and get under the influence of 
liquor? — A. We pick them up on the grounds and bring them in. 

Q. What do you do with those cases? — A. We lock them up and 
punish them on the ground : confine them for a time ; and give them 
hard labor. 

Q. Is there any attempt made to punish the people who sell the 
liquor? — A. We have one of our employees as deputy special officer. 

Q. Is he a capable and efficient man? — A. I consider him so. 

Q. What success has he made with it? — A. He has had niore suc- 
cess in keeping liquor away from them than in prosecuting cases. 
Mr. Ferguson is his name. In fact, every Federal court shows up 
a large number of cases. At the April term Judge Morrow, of San 
Francisco, said it was the largest number he had ever seen. There 
were something like 125. 

Q. Does that show it to be on the increase or show the enforcement 
of the law better ? — A. It shows enforcement of the law. 

Q. Do you try the cases here in the State court? — A. No. 

Q. All cases are brought in the Federal court?— A. Yes, sir. 



412 PHOENIX SCHOOL, PHOENIX. 

Q. Do you find that satisfactory ? — A. Yes ; as a rule. 

Q. Are you interested in any other business besides being superin- 
tendent of the school? — A. No, sir. 

Q. Have you any interest here or hereabouts? — A. Yes, sir. I 
own some land in this valley. 

Q. How did 3^ou acquire it? — A. Purchased it from different 
people; residents here. 

Q. None of it Indian land ? — A. No, sir. 

Q, Is there anybody connected with the school interested with you 
in those land transactions? — A. In some of them; yes. 

Q. How? — A. The disciplinarian is interested in one piece, and I 
think the carpenter has an interest in one of them. 

Q. How much land do you own here? — A. We bought here a few 
years ago when land was jumping up. I should think I have 60 
or 80 acres altogether. 

Q. How much are you interested in with others? — A. There are 
40 acres in which I own a half, and the other half belongs to a man 
in New Mexico. There is another piece in Avhieh I am one of six. 

Q. How much in that? — A. Two hundred and forty acres. There 
is another one of 35 acres in which I am one of five ; and small tracts 
like that. There is a piece of town property in which I have a one- 
fourth interest. 

Q. Do you own it in a speculative way? — A. It was bought in a 
speculative way, but we found it necessary to rent it and try to de- 
velop some of it. 

Q. Do you devote any time to that? — A. No, sir; except outside of 
Government hours. 

Q. You take no active part in the management ? — A. I have rented 
it. 

Q. Are you farming any on your own account ? — A. No, sir. I 
have a small fruit ranch which we bought last spring. Mrs. Good- 
man bought that and looks after it some. 

Q. How many employees have you here? — A. About 65. 

Q. You have a farmer here? — A. Yes, sir. 

Q. "What does he do? — A. The head farmer has charge of all agri- 
cultural industries, such as farming and stock raising. We also have 
a dairyman. We have a man looking after trees and shrubs. 

Q. Do the Indians assist? — ^A. Each employee has a detail of In- 
dians. 

Q. Do you farm for the benefit of the institution? — A. Yes, sir. 

Q. Do you have any boys here that you employ on your own 
land ?— A."^ No, sir. 

Q. None in which you are interested ? — A. No. sir. I have occa- 
sionally given them a job on Saturdays, and occasionally had boys to 
work for me the same way that they do for others. 

Q. Do you pay them ?— A. Yes ; 20 cents per hour. 

Q. Is that the same as you pay outside help ? — A. It is the same as 
they get anywhere else. It is the same that anyone else in the valley 

Q. Wliat proportion of these boys and girls remain here in the 
summer? — A. No more than 100 or 150; sometimes less. 

Q. What do they do? — A. About the same as they do the rest of 
the year, with the exception of the class-room work. They help on 
the farm, in the carpenter shop, at the power house, etc. 



PHOENIX SCHOOL, PHOENIX. 413 

Q. Do you know personally about what the condition of the health 
of the Indians in this school is? — A. Yes; I have a pretty good idea. 

Q. Are you personally familiar with all the branches "^of industry 
in this institution? — A. Yes; I have been and am. I am more 
familiar with some than others. The work is subdivided so that 
one is looking after one part and some another. I visit them fre- 
quently, especially with the shop work and industrial work for boys. 

Q. "(yiiat can you say with reference to the health condition here ; 
is it satisfactory ? — A. I think conditions here are very good. 

Q. How are they as compared with when you came here? — A. 
Very much better. I have been parang especial attention to that 
feature for the several years past. 

Q. What have you adopted since you came? — A. We built the 
hospital, sanitorium. and instituted special work for running the 
hospital and caring for trachoma cases. We have improved the bill 
c.f fare, given them better playgrounds and apparatus. We have 
looked after their clothing and sleeping quarters and given them 
larjrer sleeping rooms and more out-door sleeping porches. 

Q. How does the attendance compare now with when you took 
charge? — A. About the same. We have not endeavored to increase 
it any. 

Q. Do you have 700 here? — A. No; but we will have before the 
year is out 

Q. Is the attendance of the pupils compulsory after they once 
enter here? — A. Yes; very largely. 

Q. Suppose a boy leaves, what authority have you for bringing 
him back? — A. We bring him back. 

Q. Do vou find vou have the consent of the parents entirely? — 
A. HardlV. 

Q. What per cent of the children here have living parents? — A. I 
could not say ; but L think a large per cent. 

Q. ]Nrore than one-half? — A. Yes, sir. 

Q. Do the pupils seem to take an interest in this work? — A. To 
a considerable extent. 

Q. What amount did you say cooperated in health matters and 
attendance in the sanatorium? — A. Of course, they are quite ignorant 
in health matters. 

Q. Are they willing that the children should come here to the 
sanatorium. — A. Yes, sir. They are not taken to the sanatorium 
without their consent. They have come for eye work from reserva- 
tions 200 miles away. 

Q. Have you had many deaths in the sanatorium since you have 
been here? — A. Very few. A few cases that came from a distance 
in an advanced stage. In the most hopeful cases they make an im- 
provement which is remarkable. 

Q. You are proposing to enlarge the sanatorium? — A. To accom- 
modate 100. 

Q, You can take how many now ? — A. Seventy. 

Q. Can you take care of 100 sick persons with the force you 
have? — A. T think so. We are asking for a teacher. Possibly we 
will want another Indian assistant. 

Q. You do not turn pupils away if you find they have trachoma? — 
A. We keep them in the hospital and keep them there until they are 
over the acute staixe at least. 



414 PHOENIX SCHOOL, PHOENIX. 

Q. Is the treatment successful? — A. It seems to be. AVe keep 
them under observation a year, and until they seem to have fully 
recovered. 

Q. You think the method of treatment quite satisfactory \ — A. It 
seems to be. 

Q. For the purpose of the record, what do you do with the sew- 
age? — A. We have a septic tank into which it is pumped. After 
passing through the septic tank it is pumped out on the land and 
used for irrigation. 

Q. Near by the school ? — A. Just north. 

Q. How close? — A. It comes down wdthin a few rods of the dining 
room ; I should say 20 rods of the dining room. 

Q. Do you get any odor?— A. Not hardly, but if it is not carefully 
looked after we do. The ground has to be plowed frequently to keep 
down the odor. 

Q. Do you use it for growing crops? — A. Yes, sir. 

Q. Is iit satisfactory to you? — A. It is not. Settlements are get- 
ting close to the school, and it is difficult to keep from having trouble 
with it. We have asked for an appropriation for a sewer. "We had 
asked in a general way for $10,000, but since going into the ques- 
tion we find that it will not be enough. Congress provided that $500 
might be used for surveying a line between here and the city for 
sewer for the purpose of making a report. 

Q. Have you made the report? — A. No, sir. 

Q. You expect to have it ready for December? — A. Yes, sir. 

Q. Is the nearest point the city? — A. Yes, sir. 

Q. How far away is it? — A. Three miles. It is about 3 miles to 
where we connect. 

Q. You did not have anything to base that upon when you said you 
Avanted $10,000 ? — A. No, sir ; it was a pure guess. It was done hur- 
riedly, without any time. Every figure that I have received lately 
indicates that the cost will be about $20,000. 

Q. What have you done to get the correct estimation ? — A. I have 
sent out requests for bids. In the meantime, one of the engineers 
made us an estimation for $5,000 a mile, and $500 extra for a manhole 
for a 12-inch sewer, and the distance is a little over 3 miles the way 
we would have to go. It is probable that we will have to build a 
larger sewer than that, wdiich would cost us more than that. I think 
$20,000 would be about the cost. 

Q. Is there a fall from here to the city? — A. It is a gradual slope. 

Q. Have you a right of way along the street? — A. We have no 
right of w^ay, but will have to negotiate that. We go 2 miles before 
we come to the city. 

Q. Did you estimate that in the $20,000?— A. No, sir; we think 
we could go along the street-car right of way and the road that is 
being opened. 

Q. Are you satisfied with your assistants that you have here ? — A. 
In general, yes. 

Q. Are there any exceptions? — A. Well, some are not as strong as 
others ; and I expect there are one or two that we would like to ex- 
change for stronger ones. 

Q. Are there any that you regard as inefficient or incompetent ? — A. 
I would not put it that way. There are some not as competent or as 
strong as we ought to have. 



PHOENIX SCHOOL, PHOENIX. 415 

Q. What department ?— A. The dah-yman is not as strong as he 
should be. The head matron, I fear, is not quite as strong as she 
ought to be. 

Q. Is that the okl lady we met first? — A. Yes, sir. 

Q. What is her name? — A. Gather. She is a good woman with 
many fine qualities, but not strong physically or mentally perhaps. 

Q. What are her duties? — A. She^is supposed to have oversight 
of all domestic industries. 

Q. What authority do you have over these people? — A. They 
work under my direction. 

Q. Do you have anything to do with their appointment? — A. No, 
sir, very little. Sometimes the office asks if I want to recommend, 
and if I know of anyone in the service that is capable I recommend 
them. 

Q. Have you called the attention of the department to these peo- 
ple who you think are lacking in efficiency? — A. In my semiannual 
report I have reported the dairyman. The matron has not been 
here six months. We exchanged with Carlisle. The old one went 
under protest. She was very competent, and we miss her very much. 

Q. Did you make a protest against it yourself? — A. I told them 
that M'e did not wish that she go, and the office told me to do what 
I could to get her to go. 

Q. You have not called the department's attention to the head 
matron? — A. I intend to. I wanted to see if things settled down 
there. 

Q. Until they got the commissioner there settled? — A. Yes, sir. 

Q,. You report to him? — A. Yes, sir. We have been wondering 
who the new assistant would be. 

Q. How much does tlie head matron get ? — A. $840 per annum. 

Q. Do you expect to get the best kind of matron for $840? — A. 
No: but Ave have had a mighty good matron for that salary. She 
is getting $1,000 at Carlisle. 

Q. Are the other emi:)loyees satisfactory? — A. As a rule. 

Q. Are there any others'that are short of your ideal?— A. We have 
a clerk in the office that is learning. He is an Indian boy, and is 
doing as well as he can. I understand the inspectors said I ought to 
take an Indian and train him. 

Q. Is he learning? — A. Yes. He is, personally, all right; but he 
makes too many mistakes, of course, at present. I think the office 
will realize that we are trying to train people well. 

Q. Is he one of the boys here?— A. He comes from the Kaw 
Reservation. 

Q. Any boys trained here on the reservation? — A. One of our 
graduates at Hampton wanted to come here and do some work. 

Q. Do you think him competent? — A. I have not seen him. I 
believe he 'would be. however. Our assistant carpenter is compentent. 
I could not get a white man anywhere better for the job. 

Q. Are the boys and girls willing to work? — A. Just as much so 
as ordinary boys and girls. 

Q. Are they of such a disposition that they can be made to take 
an apparant interest in the work?— A. They work, and after they 
reach the sixth grade they develop some ambition. 

Q. How many go to the eighth grade?— A. Not more than 150 
in 10 years. 



416 PHOENIX SCHOOL, PHOENIX. 

Q. Beyond what grade do they fall off^ — x\. The bulk of the 
pupils below the fifth grade. They enroll for three years. Some 
enroll for five 3'ears. And there are some that have been here 10 
years and are not beyond the fifth grade. 

Q. Those that have been here 10 years, do they stay in school? — 
A. Yes, sir. They come from the Pima country. 

Q. Are they defective in learning? — A. They had the language 
to learn, and then industrial work. Perhaps they did not start in 
young as they might, and find school work difficult. 

Q. Plave you a very large senior class? — A. About ten or a 
dozen. 

Q. How many in the junior? — A. In the seventh-grade classes 
about 20 or 25. 

Q. In the second year you have how many? — A. I should think 
40 in the sixth grade. 

Q. And all the rest in the fu^st grade ? — A. Fifth grade and down. 

Q. You have what? — A. Just the common-school course. 

Q. The last year is senior and the next junior? — -A. Yes, sir- 

Q. Do you have more boys than girls? — A. More boys. The In- 
dians of the southwest, from which we principally draw, are more 
backward than other Indians in the country. I do not know that it 
is any more to our disadvantage if we take them lower and raise 
them fully as high in proportion to where we take them. 

Q. Do you have any immorality in the school? — A. We do not 
know of any in the school. I Imow there would be if we were not 
active. 

Q. How do you know that? — A. Because it is the nature of these 
Indians in the Southwest. Their ideals are not at all high until they 
have been to school. 

Q. Do you see any improvement as their experience increases? — 
A. We think so. " 

Q. Do you get any assistance in attempting to enforce the rules of 
the school, especially in reference to morality? — A. Yes, sir. 

Q. Do you have religious instructions here? — -A. Yes, sir. 

Q. What sects? — A. We have the pupils segregated. We have 
Roman Catholics, Mormons, and Protestants. The Protestants com- 
bine in union services. 

Q. How are they divided as to numbers in those three classes? — 
A. Forty Mormons, something like 100 Catholics, and the rest are 
Protestants. 

Q. Is Mormonism allowed to be taught here? — A. To those that 
come from Mormcm families. They are allowed to select their re- 
ligious instructors. 

Q. Do they generally attend church? — A. It is compulsory. We 
have Sunday school in the morning with the Protestant children. 
The Mormons join with us in Sunday school. In the afternoon the 
pastors take turns preaching to the Mormon children. The Protest- 
ants meet outdoors and the others meet in the classrooms. Then, 
on Tuesday nights the different churches send representatives to 
instruct their own children. Most of the Protestants are Presby- 
terians. 

Q. Are the teachers on friendly terms with the children? — A. Yes, 
sir. 



PHOENIX SCHOOL, PHOENIX. 417 

Q. Any exceptions to that nile about likiiii^ them? — A. T do not 
know. 

Q. Do they obey quite generally ? — A. Yes ; quite readily. 

Q. Are the children alfoAved to select their courses? — A. There is 
just one course in the grammar school. When one gets to a trade or 
industry they have a certain amount of leeway. If they have a 
special "choice we try to give them that, and help them select their 
choice. 

Q. You make a study to find out Avhether a boy is fitted for a 
particular thing? — A. As far as I am able to. Some I am not able 
to know i^ersonally. 

Q. Do any of the teachers do that? — A. That is tlie special work 
of the disciplinarian for the boys, and the matron for the girls. 

Q. Does the disciplinarian have the confidence of your employees, 
generally, and of the children?— A. I think he does. 

Q. Has he been here ever since you come? — A. He has been here 
8 or 10 3'ears. He w^as disciplinarian, and then I had him in the 
office for' several years, and then he went back. Maj. Grinstead is an 
officer of the National Guard. 

Q. How old is he?— A. In the thirties. 

Q. Is he related to you? — A. No, sir. 

Q. You have no other business outside of the land matter? — A. 
That is all. 

Q. These lands that you owned or have an interest in: did you 
have any supervision over them before you purchased them? — A. I 
did not in any way. 

Q. Had they ever been Indian lands?— A. No, sir. 

By Eepresentative Burke : 

Q. Would not the fact that Maj. Grinstead was interested with 
you in partnership in owning some land deter you in any way 
in supervising him in his position as disciplinarian in the school, if 
necessary for him to do so ? — A. Absolutely none. 
By Representative Carter : 

Q. How many employees did you say you had around the sanato- 
rium ? — A. We have a nurse, matron, cook, a laborer, and two Indian 
assistants. We have tw^o Indian girls when it happens to be full. 

Q. What do the Indian girls do ?— A. One assists the cook and one 
the matron. 

Q. Don't you have any assistant Indian girl nurses?— A. Not over 
there, except these two. 

Q. You have a doctor?— A. We have a doctor here at the school. 

Q. How many employees do you have at the hospital? — A.We have 
two nurses, a cook an Indian girl assistant, and then we detail Indian 
pupils learning nursing. The training for nurses is done at the 
hospital. 

Q. Are the head nurses at the hospital trained nurses.— A. 1 es, sir. 

Q. Graduates of hospitals?— A. Yes, sir. The head nurse is also 
a graduate physician. 

Q. How manv Indian girls have been taking the nurses course? — 
A. I could not ''answer. We had six or eight last year. This year 
school is just begnning. Dr. Breid is taking special charge of that. 



418 PHOENIX SCHOOL, PHOENIX. 

Q. Do you know how far they take them in the course? — A. Last 
year was the first year of systematic work, and so we have never com- 
pleted a course yet. 

By Representative Burke : 

Q. Can you give us an estimate as to the cost of the tuberculosis 
sanatorium and the entire equipment in connection therewith ? — A. I 
could not say. Dr. Breid has special interest in that and can give 
the figures. 

Q. I want to know if a central hospital were located at a point for 
treatment of tuberculosis; whether in your opinion Indians could be 
induced to go to it from a long distance, or would you think the local 
hospital for the treatment of tuberculosis best? — A. For a long 
while I have felt that there ought to be on every reservation of any 
size a hospital for the care of incurables, and still not be so far away 
from their people. I do feel that for hopeful cases there ought to be 
a sanatorium where climatic conditions are favorable. I do not be- 
lieve a large one is as good as smaller ones. 

Q. Do you think the Indians would consent to go some distance 
from their homes or reservations for treatment ; afflicted with tuber- 
culosis, as readily as if they could get treatment locally? — A. I do 
not think we could get them to go as readily, but from our experience 
here the younger ones are glad enough for a chance to come to 
Phoenix. They have come here from Oklahoma, South Dakota, and 
other places. 

Q. Those are from the more progressive and educated Indians? — 
A. Yes; I suppose so. Several Haskell Indians have been returned 
for their health. 

Q. The only money you have is that which is appropriated speci- 
fically for the school and the moneys received from the miscellaneous 
account you spoke of, and the payment of certain employees down at 
the hospital and the construction of some building?— A. Yes; and a 
small amount of supplies purchased. We have in addition transpor- 
tation from the general fund. 

Q. You base your estimate, in making your recommendation for 
appropriation, on $167 per capita basis rather than upon the cost? — 
A. Yes, sir. 

Q. And you do not take into consideration the value of the produc- 
tion? — A. Experience seems to prove that that is required in addi- 
tion to the per capita appropriation in schools where we are attempt- 
ing as many trades as we are here. 

Q. Do you think that in these schools where they have a good deal 
in the way of production that the standard of living is higher than 
where they have not that ? — A. Yes, sir. 

By Representative Carter : 

Q. What are the limitations placed upon the Indians received in 
the hospital and school? Do you take them in directly from any 
tribe in the United States?— A. As far as I know we can take them. 
We do not endeavor to take very many from outside. 

Q. Do you take children from the Five Civilized Tribes ? — A. No, 
sir. I believe there will be. 

Q. You can take them in your hospital? — A. I have gotten special 
permission to take some in the sanatorium. 



PHOENIX SCHOOL, PHOENIX. 419 

Q. Do you have an athletic association ? — A. We pay quite a little 
attention to athletics. 

Q. Do you have football and baseball ? — A. Yes, sir. 

Q. Do you charge admission? — A. Yes, sir. 

Q. What becomes of them? — A. They are taken up as miscella- 
neous receipts, class four. We take up the money under my bond, 
and spend it as proceeds of Indian labor. 

Q. Do you have an athletic instructor? — A. Our band leader and 
the disciplinarian together are the coaches for the baseball teams. 

Q. Teaching the band and the position of disciplinarian is their 
real Avork and the other is extra? — A. Yes, sir. 

Q. Are they paid out of the amount you receive from the Govern- 
ment ? — A. Yes, sir. 

Q. Can you tell us anything about the amount of the receipts 
that come from athletics to your funds here? — A. No; but they are 
small. We have not many teams to play, and I do not suppose it 
is over $400 per year. 

Q. What is your idea for maintaining the sanatorium? — A. For 
the purpose of treating tuberculosis. 

Q. Who knows the amount of products used on the farm and the 
amount disbursed? — A. We have the report in the office. I could 
find out. 

Q. Who has charge of that? — A. Each department makes a report 
to the office. 

Q. Take for instance the farm — who knows definitely the amount 
of products raised on that farm ? — A. No, sir ; I do not know. 

Q. Who knows the amount and kind of products sold ? — A. I could 
tell you by referring to the book in the office. 

Q. Do you keep a book yourself? — A. Yes, sir. 

Q. Who makes the actual sales? — A. Well, they are made by the 
employees in charge of the department. 

Q. From the farm? Who would sell the hay? — A. Anybody in 
charge of that part of the work. 

Q. Give his name? — A. Mr. Hammock. 

Q. Is he accessible? — A. Yes, sir. 

Q. You do not know yourself what is grown on the farm, and do 
not know what was sold? — A. But there is not anything sold without 
my knowing it. 

Q. How do you know? — A. I believe it. 

Q. Really don't know what is sold from that ? — A. I do not. 

Q. Can you tell me approximately what you received from the 
farm from the sale of products ? — A. No, sir. 

Q. Do you know how many cattle were sold ? — A. There were some 
calves sold. 

Q. Do you know what was received for them? — A. About $20.50, 
I think. 

Q. Do you try to teach stock raising to the pupils? — A. Yes, sir. 
We sold some hogs. I do not know the amount of the products that 
have been used. 

Q. What other things have you sold? — A. Sold some cotton and 
brooms. 

Q. Have you a broom factory? — A. We make brooms at certain 
times of the year. We have to get irregular labor to make brooms, 
and teach it to the pupils. 



420 PHOENIX SCHOOL, PHOENIX. 

Q. Do you sell the brooms ? — A. Yes, sir. 

Q. How much have you sold? — A. The last brooms we sold were 
10 dozen at $5 per dozen, and before that we sold about half as 
many. That is all the brooms sold this year. 

Q. Do you sell any hay? — A. No, sir; we buy. 

Q. What are the principal products? — A. Alfalfa and grain hay. 

Q. How much land do you farm all told? — A. We farm all of the 
land, except what is taken up by buildings; at least 200 acres. 

Q. The principal products are hay and cotton. Plow many cows 
have you ? — A. I should think 60 or 80 ; young stock and milch cows. 

Q. How many have you now? — A. I do not know the number ex- 
actly. 

Q. Do you know approximately? — A. Not any closer than that. 
I can get the figures at the office. I was out personally with a couple 
of the farmers a month or two ago and checked over the live stock 
myself, but have not endeavored to keep up with it. 

Q. What duties do you perform yourself? — A. I have charge of 
the financial management of the institution and all expenditures. 

Q. It is your duty to know what is being received and keep a 
record of what is being received and paid out? — A. Yes. sir. 

Q. Do you have that record ? — A. Yes, sir. 

Q. Of course, you keep a record of all the stock received and all 
stock sold ? — -A. Yes, sir. 

Q. And the amount received from them? — A. Yes, sir. 

Q. Now, you say you are farming 200 acres and the principal crop 
is hay, and yet you have to buy hay ? — A. I said we did not sell hay, 
but have to buy sometimes. We bought some last winter. 

Q. Did you buy hay the season before? — A. Yes, sir. 

Q. Is it a fact that you do not raise enough hay to supply the 
institution? — A. Yes, sir. 

Q. How much do you have to buy, for instance last season? — A. 
I think 50 tons. 

Q. How much did you raise last year? — A. I do not know, but 
think about 200 tons. 

Q. You think you consumed approximately 250 tons last sea- 
son? — A. I would not swear to a statement like that. 

By Representative Burke : 

Q. Do I understand that if there is some hogs to be sold or young 
stock to be sold or any other product, that it is disposed of without 
consulting you? — A. They come to me and inquire what they shall 
do. I instruct them to get bids and make actual delivery. 

Q. No person is authorized to make a sale without coming to 
you ? — A. No, sir. 

Q. If you have something to sell of any value, what is the custom, 
how do you obtain information as to the proper price? — A. We ask 
people interested in this neighborhood to bid on it. 

Q. How do you ask them? — ^A. By typewritten request, personally, 
or over the 'phone. 

Q. And you submit the form of notice that you issue, or invita- 
tion, of property that you want to sell ? — A. Yes, sir. 

By Senator Townsend: 
Q. Do you know whether any people interested in these lands pur- 
chased anything from this farm? — A. They certainly have not. 



PHOENIX SCHOOL, PHOENIX. 421 

STATEMENT OF JACOB BREID, ASSISTANT SUPERINTEDENT OF 
PHOENIX SCHOOL. 

Jacob Breid, first beiiijj;- tluly sworn by the chairniiu), testified as 
follows : 

By the Chairman : 

Q. What is your name'? — A, Jacob Breid. 

Q. What position do you hold'? — A. Assistant superintendent. 

Q. What are your duties here as assistant superintendent'? — A. My 
duties are to aid in the administrative work, and also to pay particu- 
lar attention to the medical work; that is. the hospital work and the 
sanitorium. 

Q. How are your duties defined? — A. By the supernitendent. 

Q. Is your position a statutory one or merely one of an employee ? — 
A. An employee. 

Q. What has been your service prior to becoming assistant super- 
intendent? — A. Supervisor of Indian school. 

Q. For how long?— A. From October 2, 1911, to February 12. 1912. 

Q. Had you seen other service in the Indian Bureau? — A. Yes, sir. 

Q. What was it? — A. I was clerk in the Indian Office. 

Q. How long? — A. Two years. 

Q. Any other service in the Indian Bureau? — A. I might add I 
Avas in charge of the medical work at Washington. D. C. Previous 
to that as superintendent and physician of the Otoe Indian Reserva- 
tion in Oklahoma. 

Q. Taking up first your medical duties, tell what they are and 
how you perform them, as a rule? — A. My duties are administrative, 
in the first place; for instance, to see to the admission or rejection of 
patients to the sanitorium. I examine them and then pass upon the 
record of the case as submitted. 

Q. What class of cases are entitled to admittance? — A. Early 
stages of tuberculosis. 

Q. Any chronic cases? — A. Yes; chronic cases, but not far- 
advanced cases. Only those cases that we feel have a good chance of 
recovery. 

Q. Tell us briefly exactly what is done when a patient seeks admis- 
sion to the sanitorium. — A. First we require a case record in an ap- 
plication for admission, such as is prepared by the Indian Office, and 
which is a record of the exact physical condition of the patient. 

Q. Who makes that record? — A. Some physician of the patient. 

Q. Any physician who has had charge of the case? — A. Yes. sir. 

Q. Who brings that to you? — A. It first goes to the superin- 
tendent or the man in charge of that particular patient; then that is 
forwarded here. I examine the records, and if I think it is a suitable 
case, then he is permitted to be sent to the sanitorium. 

Q. Do you make a personal examination or take him on the basis 
of the record ?— A. On the basis of the record. 

Q. Do you make examination of them, or does some other physi- 
cian do it "in the sanitorium?— A. Up until the beginning of this year 
the regular school physician has clone the work. Beginning with 
the present school year I will take medical as well as administrative 
work. 

S.jWl— PT 4—14 2 



4'i2 PHOENIX SCHOOL, PHOENIX. 

Q. You liave a hospital in connection with the school. How is it 
operated and what is its use? — A. It is in charge of the resident 
school physician. 

Q. Do you have anything to do with the admission of those 
pupils? — A. I am consulted, especially in the eye cases. 

Q. If a pupil says he is sick, how does he get into the hospital? — A. 
He is sent down to the school physician and he examines him, unless 
the school pliysician happens to be absent; then I go to the hospital 
and examine patients. 

Q. Do you know how many has entered for treatment of tubercu- 
losis? — A. I would have to look to be certain, as the school physician 
kept it before. 

Q. About how many? — A. With 107 patients admitted to the 
sanatorium. I believe 68 were pupils. 

Q. Referring to others than to such so admitted to the sanatorium; 
how do they get admitted? — A. As I explained a while ago. I was 
referring to general admission. 

Q. How does a pupil get down there from school? — A. Upon the 
recommendation of the physician or myself. One of us will examine 
him. 

Q. So yon have approximately 68 sent down last year? — A. Yes, 
sir. 

Q. Out of a total of something like 600 ? — A. Yes, sir. 

Q. Sixty-eight were required to take treatment for tuberculosis?— 
A. Yes, sir- 

Q. That is about 10 per cent or a little over? — A. About 8 or 8^ 
per cent. Approximately 8^ per cent of the 700 pupils are admitted 
to the sanatorium. A number of those cases come to school to go to 
the sanatorium. The sanatorium is a part of the school. They were 
tubercular and admitted simply for the purpose of getting treatment 
instead of going to school. 

Q. Do you know what percentage of pupils that went to the sana- 
torium from the scliool Avere returned to school, if any? — A. I think 
near 60 per cent. I would not be sure. Sixty-three per cent of the 
people who went out were cured. 

Q. No danger of infecting other pupils? — A. Yes, sir. 

Q. You would not let them come back in school if there was 
danger from infection, would you? — A. Yes. We would not let 
pupils go back if there was any active processes there. We would not 
let a pupil go back if he was not ready to take up work. 

Q. With reference to trachoma, do you have much of that? — A. 
About 18 per cent of the pupils of the 700 enrolled in the school. 

Q. You do not reject any on account of trachoma ? — A. No, sir. 

Q. Your idea is that by proper treatment they can be probably 
€ured without danger of spreading the disease? — A. Yes, sir. 

Q. Wliat has been your observation of the treatment here fur- 
nished for the treatment of trachoma? — A. It is not difficult to treat. 

Q. Is it difficult to cure ? — A. It requires a long time to cure. 

Q. What treatment do you give? — A. In the first stage with a 
patient, the first thing to do is to treat his eyes until all acute inflam- 
matory symptoms have disappeared. We press out the follicles by 
forceps or compression treatment. 



PHOEXIX SCHOOL, PHOENIX. 423 

Q. About wliat percentage reciuire the force])s treatment?— A. A 
half of all the trachoma cases; more than that. We use it on all. 
First we use the compression, as that hastens the treatment. 

Q. What is a follicle? — A. A little gland in the lid that secretes a 
fluid. 

Q. Is the disease caused by a germ? — A. W^e think so. It acts 
like a germ-produced disease. We have not definitely established 
that. 

Q. Do you sometimes use a caustic wash?~-A. We use the copper 
sulphate treatment. 

Q. Do you know anything particular about tul^erculosis? — A. If 
they have temperature we put them to bed and keep them in bed 
until their temperature has subsided; then, the only treatment is rest. 
All patients have to rest. And the food is carefully looked after. 
They get a wholesome diet. If a person is coughing we give him a 
little sedative to ease him a little. If they have pain we treat them. 
We use some tonic. 

Q. Have you found any trachoma cases here that you have not 
been able to handle? — A. No, sir. 

Q. So far as the pupils' trachoma is concerned, that is controlled 
to your satisfaction? — A. Yes, sir. 

Q. Passing to tuberculosis, have you had many cases of that 
that you have found hopeless here? — ^A. Not very many; no, sir. 

Q. Could you say about how many during a single season? — A. 
About four or five. 

Q. What do you do with the hopeless cases when you discover 
such? — A. If we have a place to send them where they will get 
cured, we send them there, and we keep them u.ntil they die. 

Q. Then, the primary purpose of the sanitarium is for cases that 
are curable ? — A. Yes, sir. For illustration, the boy who was sent 
up from here to Prescott. His c(mdition was such that we had to 
send him to Prescott. 

Q. AVhat is the cost of this sanitarium per annum? We are par- 
ticularly interested in that, and we are specially charged with in- 
vestigating that.— A. I could not answer that without first going 
over it very carefully. The sanitarinm has been running as part of 
the school. 

Q. The superintendent said you would be able to give us that in- 
formation. It has been suggested that a tuberculosis sanitarium for 
the treatment of Indians be established in New Mexico. It has also 
been suggested that camp hospitals be established on the various 
reservations. Would it, in your opinion, at this time, taking into 
consideration your familiarity with Indians of the United States, 
and through this section especially, be desirable to establish a central 
sanitarium for the treatment of tuberculosis? Would Indians avail 
themselves of it and the accommodations there afforded? Would it 
prove sufficiently successful to warrant the expenditure at this 
time? — A. You refer to estimation of one oeneral hospital for the 
whole service? I doubt the reasonableness of it. 

Q. Would it be practicable, in your judgment, to establish camp 
hospitals on the various reservations? — A. Yes, sir. 

Q. Why do you say that would be practicable?— A. For the reason 
that it is difficult to induce many of the Indians who are most in 



424 PHOENIX SCHOOL, PHOENIX. 

need of treatment to leave the reservation for hospitals at a distance. 

Q. We have some evidence in various localities that the parents 
would object to sending or permitting them to go long distances. It 
seems that apparently few could receive treatment in the hospital. 
Going back to the proposed hospital, it is particularly desirable to 
know what it Avould cost to establish and maintain them so that they 
would afford reasonable opportunities to all who are afflicted, and so 
we would like to know what the cost is and it is costing to maintain 
this sanatorium here?— A. I was going to take the approximate 
amount Ave spent in addition to the regular school fund. I was going 
to say that we could maintain the sanitarium out there for $220 
per patient. It costs $200 in the school. 

Q. About how many patients treated at that plant? — A. About 65. 

Q. What would it cost to establish and provide buildings and 
equipment? — A. The bungalows? I believe that when we have a 
complete plant for the 100 patients that the entire equipment will 
cost from $28,000 to $30,000. 

Q. As a matter of fact, there is no reason why tents should not 
be used, is there ? — A. You can not ventilate a tent. I do not think 
the are economical. 

Q. As a matter of fact, sleeping porches are more desirable for 
patients? — A. Yes, sir. Our bungalows are practically tents with 
two beds. 

Q. One hundred pupils would cost approximately $30,000 for their 
treatment ? — A. Yes, sir ; in this country. 

Q. What do your administrative duties consist of? — A. First, the 
handling of the applications for enrollment in school, and then the 
purchase of supplies for the hospital; the administration of the 
affairs in the school hospital, and then the management of the 
sanitarium and management of the employees. 

Q. Do you have anything to do Avith the farm? — A. Nothing ex- 
cept the east farm. We have some pigs out on the east farm. 

Q. What does it consist of? — A. Eighty acres. We haA^e dairy 
cows, and then a garden. 

Q. What is the area in that? — ^A. About 10 acres. 

Q. How many employees have you? — A. Just one gardner to look 
after the farm. We detail others. 

Q. How many pupils are detailed? — A. I think about eight; four 
in each half day. 

Q. What did you groAV last year? — A. I could not tell the amount 
without looking up the record. We grew melons, pumpkins, toma- 
toes, peas, beans, onions, beets, carrots, radishes, lettuce, cabbage, etc. 

Q. Do all vegetables grow here? — A. Yes, sir; during the winter 
season. 

Q. I suppose they are used in the school?— A. All of it. 

Q. Have you sold anything from the garden? — A. Last year Ave 
sold some onions. 

Q. Do you knoAv Avhether you sold anything else this year? — A. I 
do not believe anything Avas sold. 

Q. Do you keep a record ? — A. No, sir. 

Q. Who would make the sale? — A. The farmer and the gardner. 

Q. You do not knoAv of anything being sold this year?— A. I do 
not knoAV. 



PHOENIX SCHOOL, piiop:nix. 425 

Q. The vegetables you have mentioned as being used in the school; 
is there any way of ascertaining the value of them?— A. I could 
get them from the record. 

Q. How do you determine the current market value?-- A. We 
know what they would sell for. 

Q. Who does that? — A. The gardener keeps a re(;ord of the amount 
sent in and then as to the price and value of that stuff. 

Q. He iixes the value according to the market value? — A. Yes, 
sir. What he could sell it for. What anyl)ody would have to pay 
for them. 

Q. Did you buy any garden vegetables during last year? — A. 
Nothinsf except fruit. 

Q, Did you raise enough vegetables to supply the entire school? — 
A. Yes, sir. 

Q. Before cost estimates are presented, the entire vegetables of the 
farm are not counted into the maintenance? — A. No, sir. 

Q. Something was said about you having jurisdiction of the pigs. 
Do vou raise hogs here? — A. Yes, sir. 

Q". Where?— A. At the east farm. 

Q. How many hogs did you raise last year? — X. I could not tell 
without the record. We keep a record. 

Q. Did you sell any hogs?— A. We slauglitered them for sub- 
sistence. We sold a few for breeding purposes. 

Q. Did not sell any meat?~A. No, sir. 

Q. Did vou raise enough meat? — A. No, sir. 

Q. Could you do that?— A. No, sir; not with the land we liave. 

Q. Do you have anything else to do with the farm or dairy business 
about the school?— A. I look after it sometimes in a general way. 

Q. Do you know how many cattle you have now? — ^A. I do not 
know. 

Q. Who has charge of that?— A. The dairyman, Mr. Francis. 

Q. Did you sell any cattle last year?— A. We sold some calves. 

Q. How"manv?— A. Twenty-five head. 

Q,. Did you sell them for beef or for breeding purposes?— A. Some 
of them for breeding and others were sold for beef. 

Q. Did you keep a record of to whom sold?— A. Yes. sir. The 
voucher in the office will show that. 

Q. Do you keep a book account, or how is it kept? — A. Mr. Good- 
man keeps account of that. 

Q. You do not take any instruction work, except such as has to do 
with medical work?— A.' Yes, sir; we have that. I do not do any 
regular instruction work. 

By Senator Townsend: 

Q. Do you teach hygiene?— A. Yes, sir; it is taught once a week. 

Q. How do vou teach them?— A. Lecture to them. Last year I 
had hygiene and sanitation, and the other physician. Dr. Marden. 
had emergencies, or first aid. and then the smaller remedies. 

Q. Are^the pupils inclined to follow your instructions in reference 
to hygiene?— A. Yes, sir. . 4 a- 

Q. You can see them profit by the instructions? — A. les, sir; 
there is a wonderful improvement. 

Q, Do they realize the importance of cleanlines?— A. les, sir. 



426 PHOENIX SCHOOL, PHOENIX. 

Q. You devote all of your time to the school? — A. To the school 
and sanatorium. 

Q. Does Mr. Goodman devote all his time here? — A. Yes. sir; so 
far as I know. 

Q. Have you been interested in any property up here? — A. I have 
not. 

Q. Have you been interested with anybody Avho has purchased 
anything from the institution? — A. I have not. 

By Eepresentative Carter: 

Q. How many employees have you at your hospital ? — ^A. We have 
two nurses, cook, physician, and assistants. 

Q. You have another physician in addition to yourself? — A. Yes, 
sir. 

Q. Do the girls assist any at that institution ? — A. Yes, sir. 

Q. In what way do they assist?— A. They aid in the treatment 
of all the cases, dressing wounds, aid in the treatment of trachoma, 
and assist in operations. 

Q. They act in the capacity of student nurses? — A. Yes, sir. 

Q. How long do you require a girl to take that course at the hos- 
pital? — A. We have never established a definite course, but we have 
tried to keep them for at least two years. 

^ Q. And in two years' time about what proportion of the instruc- 
tions to a trained nurse do they get? You keep them two years. 
What portion of the trained nurse's course do they get in two years? 
How far do you carry them toward the completion of a trained 
nurse's course in the two years you have them in the hospital? — A. 
1 could not answer it definitely, because we have not outlined a course 
of instruction on the same basis that the course for trained nurses is 
outlined. For instance, anatomy we could not give here. The 
simple nurse's work is what we give ; a practical nurse instead of a 
trained nurse; things practical nurses would know. 

Q. How long would they have to go to a hospital for nurses, after 
leaving your institution, until they became finished trained nurses? — 
A. That would depend upon the hospital. If they got credit they 
would get a year's credit. They might not want to give any credit 
and require them to take the entire course. 

Q. They are entitled to a year's credit on a trained nurse's course, 
you think? — A. That yould depend more upon the hospital. 

Q. Do you make any attempt to try to equip nurses here so that 
they can go and finish a course? — A. That has not been done so far. 
It might be a good plan. We started out Avith that in mind, but we 
found that just at this time the girls are not very willing to take 
up the line unless they are paid for it. That is the reply that came 
back from some. 

Q. I want to ask your opinion: While you are giving instructions 
as practical nurses, would it also be advisable to try to give to them 
so much of the course as a trained nurse as would be of benefit if they 
intended to complete the course?— A. Yes, sir. Mr. Thacker called 
my attention to the vegetables. We can not raise all the vegetables. 
By the Chairman : 

Q. What is it that you can not raise to supply the school with 
vegetables ?— A. This year we bought some potatoes, and paid about 



PHOENIX SCHOOL, PHOENIX. 427 

2 cents per pound for them, and some at $1.80 per bushel. We use 
from 1,800 to 2,000 bushels. ' 

Q. How did you purchase them? — A. The school purchased them 
from local merchants. 

Q. Who does the purchasing? — A. The superintendent directs the 
chief clerk to make them. 

Q. The chief clerk makes the purchases? — A. Yes, sir. 

Q. Wliat is the system with reference to making purchases? — A. 
We will request merchants in the city who handle potatoes to submit 
bids as to what they will furnish us so many potatoes for delivered. 

Q. Are the bids sealed ? — A. No, sir. 

Q. As a matter of fact, they usually submit the same price? — A. 
Quite a little difference, and we purchase one time from one indi- 
vidual and another time from another individual. I only gave the 
estimated price. 

Q. What other supplies are necessary for the school to buy? — A. 
We purchase eggs and fruit. 

Q. Are they bought the same way by the clerk? — -A. Yes, sir. 

Q. As a matter of fact, I presume the superintendent does not do 
anything in connection with that? — A. It is handled by the clerk 
through his direction. 

Q. Wliat direction does he give? — A. He usually approves the 
purchase. 

Q. Who determines when purchases are necessary? — A. It is first 
reported by the man who handles the property, Mr. Hardy. 

Q. What is he called? — A. The property clerk. 

Q. How many girls in the office ? — A. We have four. 

Q. Do you know their official designations? — A. We have a chief 
clerk, property clerk, and then two assistant clerks. 

Q. What are the duties of this property clerk? — A. He keeps the 
property. 

Q. He is the man who knows what property goes in and what is 
issued? — A. Yes; he knows when the supply of potatoes is about 
exhausted. 

Q. Who does he report to? — A. The chief clerk. He may report 
to me or the superintendent. 

Q. What is his name? — A. Mr. Hardy. 

Q. What is the name of the two assistant girls ? — A. One position 
is vacant at the present time, and the other is filled bv Bess M. 
White. 

Q. What is the name of the chief clerk? — A. William J. Oliver. 

Q. How long has he been here; do you know? — A. About two 
years the 1st of December. 

Q. How long has Mr. Hardy been here? — A. About a year, I 
think. He has not been here very long. 
By Representative Burke: 

Q. Is there anything being purchased in connection with this 
school through the warehouse that could be purchased at less cost if 
purchased ojoenly and through the local market, in your opinion ? — • 
A. I do not believe so. 

Q. Have you been doing some building here? — A. Yes, sir. 

Q. Has that been contract work? — A^ Open-market work. 



428 PHOENIX SCHOOL, PHOENIX. 

Q. What is your observation as to whether to do it in the open 
market or by contract ? — A. It is cheaper to do it in the open market, 

Q. To what extent, if any, are employees in connection with this 
school furnished with any of the products from the farai without 
cost? — A. Nothing that I know of. 

Q. If they get any vegetables they have to pay for them the same 
as if they bought from somebody else ? — A. So far as I know. 

Q. The entire product of the farm is used exclusively in the main- 
tenance of the school except such as may be sold ? — A. Yes, sir. 

Q. The employees, I believe, have the privilege of purchasing from 
the Government supplies at cost, don't they?— A. That is the rule, 
but there is nothing purchased here with the exception of ice. 

Q. They prefer to buy in the stores? — A. Yes, sir. These regula- 
tions were made for the purpose of aiding people distant from 
markets. 

STATEMENT OF THEODORE F. MOORE. 

Theodore F. Moore, first being duly sworn by the chairman, testi- 
fied as follows : 

By Representative Burke : 

Q. Are you connected with the Phoenix School? — A. I am. 

Q. In what capacity? — A. I have had charge of the wagon shop, 
and at times I have had charge of the wagon and blacksmith shop. 

Q. How long have you been here? — A. Three years ago last May. 

Q. What is your trade ? — A. I took the examination for instructor 
in wagon making and to teach the Indians how to make wagons. 

Q. In addition to your duties as wagonmaker you have previously 
had charge of the blacksmith shop? — A. Yes, sir. 

Q. Tell us briefly what you do over there? — A. I have had charge 
of the blacksmith shop since coming from my vacation. We do farm 
work and keep farm machinery in repair. We are building all the 
farm wagons used. Last year we built a buggy and a spring wagon 
for use on the farm, and we have done some work for the southern 
Papagoes. 

Q. Do yoi! build wagons complete? — A. Yes, sir. 

Q. I believe you pointed out the farm wagon to me that had been 
built?— A. Yes, sir. We do not make spokes or hubs. 

Q. You do practically all of the repairing that is necessary to be 
done in connection with the farm? — A. Yes. sir. 

Q. When you do any work what is your system in keeping account 
of it so you know the value of it? — A. Well, we have a weekly report 
that is turned in every week. 

Q. By who is that report kept before it is turned in? — A. We have 
blanks to fill out. 

Q. What do you put on those blanks? — A. The number of half 
days the boys work, the cost of material, if any. and what the job will 
be worth in civil life. 

Q. That is based upon the charge if the repairing was done in a 
shop ? — A. Yes, sir. The boys get no credit for practice work. 

Q. So far as you know that is the system followed in all other in- 
dustrial departments? — A. I see they report the balance, but am not 
in a position to know what they do in others. 



PHOEISriX SCHOOL, PHOENIX. 429 

Q. How maiw boys are detailed under you? — A. There are seven 
during the day in the wood shop, and I think eight or nine in the 
blacksmith shop. 

Q. Do they remain in the shop until they have mastered the trade, 
or do you change detail? — A. Well, in the blacksmith shop there is 
one boy absent. The rest of them were already in there last year. 
We have one new boy. In ni}^ room upstairs there is all of last 
year's. There has been no change in the detail upstairs this year 
except one boy that will be here next week. 

Q. The boys you have this year are the same as last year? — A. 
Same ; except some new ones. 

Q. What are their ages?— A. Sixteen or seventeen years old. 

Q. Do they keep up their academic work? — A. Yes, sir. 

Q. How is the time divided?— A. Well, they go to school a half 
day, and I have them for a half day. At the end of the month 
it is reversed. 

Q. You have it so you had work during the whole day? — A. Yes, 
sir. 

By Senator Townsexd: 

Q. Do they take hold of the work very nicely? — A. They do, as 
I found boys' in civil life ; and I think, as a rule, better. I have han- 
dled white boys. 

Q. You think they intend to follow wagon making, for instance, 
as a business when they go out of here? — A. Yes, sir. We have 
boys who expect to go back and make wagons. 

Q. Have any boys gone out and gone into business? — A. There 
has been no boys in my department finished, because the first boys 
left at the end of the first year. That would be only two years' ex- 
perience. 

STATEMENT OF LEE CROSS HARDY. 

Lee Cross Hardy, first, being duly sworn by the Chairman, testi- 
fied as follows : 

By the Chairman : 

Q. You are one of the clerks in the office? — A. Yes, sir. 

Q. You are the property man? — A. Yes. sir. 

Q. What are your duties? — A. Issue and make quarterly reports. 

Q. Are you required to keep account of property owned by the 
school? — A. Yes, sir. 

Q. The school owns some live stock? — A. Yes, sir. 

Q. How manv cattle have vou? — A. I have on the last report 
139. 

Q. How many have you? Have any died or been disposed of? — 
A .We make the report quarterly. 

Q. How many purchased since then? — A. About 22, I believe. 

Q. Can you tell how many ? — A. I would not say for sure. I can 
tell by looking at my report. 

Q. Do you keep a book? — A. I do. I keep no other record except 
this [indicating]. I handed you the only record of property I keep, 
which is a record of property kept by the Phoenix School, 

Q. I have asked you a question that you could not answer. In 
the meantime tell me how manv cattle you have now? No; I want 



430 PHOENIX SCHOOL, PHOENIX. 

you to refer to the book you use, or book from which you obtain the 
information. — A. The only way I can answer that is by the report 
made up June 30, 1913. The next book is not made up until Septem- 
ber 30. We are working on that now. 

Q. What other records have you to show what property is bought 
and disposed of in the meantime? — A. We have our vouchers. 

Q. Suppose you sold all the cattle? — A. It is shown by the 
vouchers. 

Q. Don't you make any entries? — A. We make entries at the end 
of the quarter. 

Q. Show me how many cattle you have on hand now? — ^A. Start- 
ing in here we have 3 bulls. 40 cows and 95 cows, and 1 heifer. That 
consists of all our cattle. Total. 139. That shows it at the close 
of last quarter, June 30, 1913. 

Q. How many have you got on hand to-day? — A. I will have to 
figure it up. 

Q. Did you have more or less than you have now ? — A. Less. 

Q. How many less? — A. I could not say approximately. 

Q. How long would it take you to find out? — A. It would not 
take a great while. 

Q. "^^Tiat have you got on hand now? How many have you sold 
since you made the report ? — A. We have sold 20 cows. Some died. 
We get that at the end of the quarter. 

Q. Who reports it? How do you find out when a cow dies? — A. 
The farmer makes the report. 

Q. You rely on his statement of how many cows die? — A. We take 
two witnesses' evidence. 

Q. What witnesses do you take ? — A. Two employees that saw the 
cattle die and saw them after death. 

Q. How many cattle died since the last report? — A. I do not know. 
I can find out. 

Q. Have you got record in connection with all cattle since last 
quarter? Get that and the affidavits of the witnesses you refer to. — 
A. The cattle that died last quarter there has no report been made. 

Q. Who gets these affidavits? Whose duty is it to get them? — A. 
It is my duty. 

Q. Why don't you take the affidavits when the cow dies? \^^iy do 
you wait until the end of the quarter ? — A. Tliat is the custom. ' 

Q. You could not tell now without going and discussing it with 
the laborers what cattle and hoAv many died? — A. I could not. 

Q. Why is he not required to report immediately, and why is no 
record kept? — A. It is a better way. 

Q. How many hogs have you on the farm? — A. We have 103 on 
hand. 

Q. Where did you get that? — A. That is the farmer's quarterly 
report. 

Q. When was it made? — A. It was made October 1 of this year. 

Q. Do you know how many you had on hand last report or how 
many disposed of since the last report ? — A. The last quarter showed 
86 hogs, 19 pigs, and 1 boar. 

Q. Are the pigs included in this last report when you reported 
103?— A. Yes, sir. 



PHOENIX SCHOOL, PHOENIX. 431 

Q. How many pigs were there in the last report on October 1 ? — A. 
It does not show pigs on hand. 

Q. As a matter of fact yon do not know anything about the prop- 
erty except what the farmer tells you? — A. I could not know a 
great deal more and tend to my work. 

Q. What else do you do besides keep these records?— A. Issue 
property and receive it, and accomplish bills of lading. 

Q. When property is sold, how do you keep the property? You 
issue property. Tell me, if 20 cows were sold to-morrow, what 
would you have to do with it?— A. My duties would be to drop them 
on abstract F. 

Q. Who makes actual sales of the property?— A. The authorities 
at Washington, and then the superintendent. 

Q. The superintendent makes sales himself?— A. Well, he sees 
whether to make it. 

Q. Who actually does the selling?— A. The farmer and dairyman. 

Q. You have said that the superintendent sees ; what does he do ?— 
A. Oversees it and sees that the sales are made correctly and the 
money received. 

Q. How do you get your information as to what property is 
sold? — A. Get it from the sales voucher. 

Q. Where do you get the voucher?— A. I get that from the cash 
voucher turned over by the chief clerk. The chief clerk handles 
all cash. 

Q. I want to know how do you know the number of cattle sold 
and the amount sold, and whether you have any means of verifying 
them? — A. No, sir. 

Q. You simply know what they tell you to enter ?— A. Yes, sir. 

Q. The chief clerk does not make the sales himself ?— A. No, sir. 

Q. Do you know how many cattle were sold during that last 
quarter?— A. Well, I could not say, offhand. 

Q. Can you tell me from the record ?— A. I could look up the dif- 
ferent property rolls and tell you. 

Q. What record do you keep of property sold? Who keeps the 
record ? — A. I expend it on mv abstract F. 

Q. Tell me how many cattle were sold last year and what that con- 
sisted of? Do vou know of anybody that cold give me that informa- 
tion ?— A. Not offhand. Yes : I believe it can be given. 

Q. Who can do it?— A. Mr. Oliver. I could by looking up the 
records. 

Q. State what records you keep; how you designate them, and 
give all the records you keep ?— A. I keep records of all the prop- 
erty. 

Q. What are they ?— A. Records of receiving the property and ex- 
pending the property issued; and the property manufactured here 
by taking that up. , i j 

Q. Does anybody else keep a record of the property bought and 
sold ?— A. Yes, sir. That is kept by the chief clerk. 

Q. What is the object of having two men keep that?— A. He 
keeps the sales of that. He handles the cash. My record is merely 
taking up anything that is brought to me. 

Q. What do you mean?— A. Putting it on the property rolls. 



432 PHOENIX SCHOOL, PHOENIX. 

Q. You take it off when it goes out ? — A. Yes, sir. 

Q. How many hogs were sold last year? — A. I do not know. 

Q. Can you tell me how many horses and mules belong to the 
school? — A. Yes, sir; 3 colts, 7 horses, 12 mares, 15 mules, and 2 
ponies. 

Q. How many were sold last year? — A, I could not tell without 
looking. 

Q. How many were sold during that quarter? — A. I don't think 
any were sold. One horse died of injuries. 

Q. How many cattle were sold during that quarter? — A. No cat- 
tle sold. 

Q. How many were killed or slaughtered during that quarter? — 
A. There was none killed for slaughter. Nine calves died. Our 
meat was bought under contract. 

Q. Nine calves died during that quarter? How many have you in 
all? — A. We had 49. There was 18 born and we had 31 the year 
previous to that, which made 49, and 9 died leaving 40. 

Q. How many cattle died during that quarter? — A. It does not 
show any cattle died. 

Q. How many cattle slaughtered ? — A. None. 

Q. That document you testified from is your property report of 
propertv disposed of and retained? — A. Yes, sir. 

Q. What quarter?— A. Fourth quarter, 1913. 

Q. You had on hand at the end of that quarter how many hogs? — 
A. We had 1 boar, 86 hogs, and 19 pigs. 

Q. How many hogs were slaughtered during that quarter? — A. 
There was three hogs slaughtered. 

Q. How many sold ? — A. None. 

Q. Just to illustrate your system, suppose the laborer in charge 
of the stock should take a mule to town and then at the end of three 
months report to you as dead? — A. He would come in and swear to 
it with two witnesses, and they would perjure themselves. 

Q. If he were to do that your system is such that there would be 
no way of finding that he did it. You simply keep a report? — A. 
Yes, sir. 

Q. You have no means, so far as a'ou are concerned, of telling the 
property disposed of during the quarter until the end of the quar- 
ter? — A. Yes; at the end of the quarter. 

Q. You get your information from the chief clerk? — A. Yes, sir. 

Q. And from no other source? — A. Well, his vouchers are handed 
to me. 

Q. Is that the only source? — A. Yes, sir. 

Q. If you do not get a voucher showing disposition of property 
you make no entry? — A. I do not. 

Q. Who makes voucher for cattle dead? — A. I make it. 

Q. How do you know if you do not see them? — A. I take two 
witnesses' affidavits, with the superintendent farmer. 

Q. Suppose to-morrow you were making up your report and 
wanted to keep your record right, how would you get the informa- 
tion? — A. Well, to get true information I would have to go and see 
them. 

Q. You never do that? — A. No, sir. 

Q. Your report may be entirely wrong; you have to rely on state- 
ments of others? — A. Yes, sir. 



PHOENIX SCHOOL, PHOENIX. 433 

Q. 'How is a credit made on that record for property that is 
dead? — A. It is expended on a voucher and dropped from the gen- 
eral property roll. 

Q. Do yoii do that?— A. I do that. 

Q. What permits you to do it? — A. I call for a report at th^- end 
of the quarter from the different de])artments. 

Q. Do they make written or verbal reports? — A. Written. 

Q. They make a written report; not on a form blank? — A. Yes, 
sir. 

Q. When it shows hogs killed, what proof do you take of that? — 
A. I take the statement of the farmer for it. 

Q. When it shows hogs dead, you take his statement for it? — A. 
Yes, sir. 

When it shows hogs sold, does the statement show? — A. The 
voucher statement of the chief clerk from the superintendent. 

Q. Asking authority from whom ? — A. The Commissioner of In- 
dian Affairs. That authority is the number of the authority and the 
date of it is written in the voucher to show whereby we got our 
authority to make the sale. 

By Senator Townsend: 

Q. How long have vou been with the service? — A. Since February 
11, 1913. 

Q. Had any experience before that? — A. No, sir. 

Q. What liave you been prior to that? — A. With the railroad 
company; telegraph operator. 

Q. What State are you from?— A. Oklahoma. 

Q. You are not an Indian? — A. Yes, sir. 

Q. What blood ? — A. Kaw. Kansas. 

Q. Full-blood Indian?— A. No, sir. 

Q. What part? — A. About one-sixteenth. 

Q. What salary do you get? — A. $780 a year. 

Q. You never"^ had any training for this particular kind of 
work? — A. Not exactly for property clerk. I have held a clerical 
position. 

Q. Are you under civil service? — A. Yes, sir. 

Q. Wliere did you take the examination? — A. San Diego, Cal. 

Q. How long ago? — A. About two years ago. 

Q. Did you take an examination in bookkeeping? — A. No, sir. 

Q. They" did not ask you anything about that in the examina- 
tion? — A. Not at this work. 

Q. Had you had bookkeeping of any kind? — A. Yes, sir. I had 
worked for\several different j5rms. I had quite a bit of bookkeeping 
for the railroad. 

Q. What railroad?— A. Denver. Enid & Gulf. I was depot 
cashier. 

By Eepresentative Carter: 

Q. You make your report up from written vouchers? — A. Yes, sir. 

Q. Completely? — A. Yes, sir. 

Q. The chairman went into great detail to find out how got this 
information. At least I do not understand. Can you tell us spe- 
cifically the information from which you make up your report as to 
the cattle or property sold, as to the property that has died, and as 
to the property bought? You must have some information that you 



434 PHOENIX SCHOOL, PHOENIX. 

get before you specify the property. Now, then, tell us what specific 
information in writing is conveyed to you to show you about a cow 
that is sold. — A. When we sell a cow we require a man to sign a 
voucher. 

Q. Who is the man?— A. The man who purchases the cow signs 
a cash voucher. 

Q. Where do you get it? — A. From the chief clerk, and that is 
made as money received and goes into his cash. The cow has to be 
dropped from the property roll. 

Q. What is the procedure when you buy a coav ? — A. When a cow 
is bought we also have a voucher. 

Q. How do you get a voucher when a cow is bought, and how do 
you get that information? — A. We get it practically the same way. 

0. Who signs the voucher when a cow is bought? How do you 
get this information? — A, The man that sells the cow signs the 
voucher, showing that he sold the cow and received the money for 
it. That is taken up as cash and turned in, and I add one cow to 
my property roll. 

Q. Make the same explanation about a cow that dies and how the 
information reaches you. — A. At the end of the quarter I call on the 
superintendent farmer for a report on cattle that have died and 
those that have been born. He makes me a report- If any have died, 
he and another witness have to swear that the cattle died of the 
disease he states. 

Q. That goes direct to you? — A. Yes; that comes to me. That is 
dropped then on abstract F and upon the general property roll. 

Q. Is this the first official information you get that a cow has 
died?— A. Yes, sir. 

Q. And your records are confined completely to these reports 
which you have mentioned ? — A. Yes, sir. 

By Representative Burke: 

Q. You are a clerk in the office? — A. Yes, sir. 

Q. You are not charged with any responsibility? — A. No, sir. 

Q. You simply make the entries that are turned in by the heads of 
the different departments? — A. Yes, sir. 

Q. And the only way that the report can be verified is by an actual 
inventory of the stock, and that is not a part of your duty? — A. Yes: 
that inventory is taken every quarter. 

Q. Who takes that inventory? — A. The superintendent and I. 

Q. How do you take it ? — A. We go around the farm and through 
the commissary and count the stuff. 

Q. You have made a statement of the number of cattle, hogs, and 
horses belonging to the school at the end of the fiscal year June 30, 
1913, and you have referred to a report showing the number of dif- 
ferent kinds of stock. Now, did you and Mr. Goodman go personally 
and verify those figures? — A. Yes, sir. 

Q. How ? — A. By counting them. Last quarter Mr. Goodman and 
Mr. Wade counted the stock. 

Q. Who is responsible to the Government for that property? Who 
is a responsible officer? — A. The superintendent. 

By the Chairman : 
Q. It is your duty to personally inspect each quarter ? — A. I did. 



PHOENIX SCHOOL, PHOENIX. 435 

Q. Why did you not do it then? Don't you know why you did not 
do it then? You say now your duty is to go and see it; why did not 
you do it? Why did you rely on Mr. Wade to do it? — A. They got 
around before I did. 

Q, You relied on Mr. Wade to do your work? — A. I relied on Mr. 
Wade and Mr. Goodman. 

By Eepresentative Burke : 

Q. You took orders from Mr. Goodman? — A. Yes, sir. 

Q. Why did you not do it June 30? — A. Yes; that is my duty. 

Q. Why did you not do it? — A. Well, I was intending to do it, but 
they got to it first. 

By the Chairman : 

Q. Who is Mr. Wade? — A. Gardener. He was substituted as 
farmer. 

Q. When will you get your reports made up for the quarter end- 
ing September 30?— A. About the 1st of November. 

STATEMENT OF WILLIAM J. OLIVER, CHIEF CLERK, PHOENIX 

SCHOOL. 

William J. Oliver, first being duly sworn by the chairman, testi- 
fied as follows : 

By the Chairman : 

Q. Are you the chief clerk here at the school ? — A. Yes. sir. 

Q. How long ? — A. Since a year ago last January. 

Q. As chief clerk what records do you keep ? — A. Cash records of 
the school. 

Q. Any others? — A. Yes; that which is handed to me. If a hide 
is sold I have the report from the dairyman, or anything else sold. 

Q. If anything is sold they hand you the report. Do you make 
an entry ? — A. I keep the report they give me on file. 

Q. You make a summary of the property received and disposed 
of? Do you have anything to do with that, or are your transactions 
limited to the cash? — A. Largely cash, although I have to do with 
the property in that way. I have always assisted in making up our 
sales vouchers, including all sales made. 

Q. Who makes the sale when property is sold belonging to the 
school? — A. Usually the farmer or dairyman under instructions of 
the superintendent. 

Q. You don't make any sales ? — A. Xo, sir. 

Q. What course of procedure, if you know, is followed when prop- 
erty is to be sold? — A. The superintendent will give instructions to 
some person to find a buyer, and they get bids. For instance where 
there is a sale of calves we get a number of bids from different parties 
what they would give for the calves, and then they are sold to the 
highest bidder. 

Q. Is there anv permanent record kept of the property disposed of 
and amount received from it?— A- Not until the end of the quarter. 

Q. What record is kept then ?— A. The regular property record. 

Q. Suppose that on the first day of the quarter 20 calves are sold, 
tell me what course the transaction takes.— A. We petition for bids. 



436 PHOEXIX SCHOOL, PHOENIX. 

and they would be secured and the sale made and the record made on 
the form of voucher by the man to whom sold, and the party pur- 
chasing signs his name to the amount paid, and this is one of the 
papers that accompanies the property roll, 

Q. That goes then to the property roll and then to Washington? — 
A. Yes, sir. 

Q. Entry would not be made until the end of the quarter? — A. 
No, sir. 

Q. The entry is not made in the book until after the end of the 
quarter? — A. No record is kept on this in the office. 

Q. Can you tell how many cattle were sold last year? — A. No, sir. 
I could find out. 

Q. It is not your duty to keep anything about it ? — A. No, sir. 

Q. What are your duties in connection with the sales of prop- 
erty? — A. I am required to get these vouchers signed, and in the 
case of buying any property I have to make the voucher and draw the 
check to pay the party. 

Q. Who signs the check? — A. The superintendent. 

Q. Take the case of 100 head of cattle where calves are being 
calved right along regularly and others being disposed of occasion- 
ally, as that is permitted or required, don't it occur to you that you 
have a rather careless way of keeping the records? — A. It does 
seem so. 

Q. Don't it seem to you that there ought to be an entry made at 
the time the sale is made? — A. Yes. sir. 

Q. Do the vouchers go into Washington? — A. That is the origi- 
nals. 

Q. The only record is a copy of the so-called property rolls, which 
seems to me like neither the superintendent, nor you. or anybody 
else could tell Avhat had been done with it. If you had a dishonest 
employee you could not tell whether calves were disposed of or not. 
He could report them as dead and could sell and report new-born 
calves. I merely suggest it. Is that the regular system required 
by the department to be kept? — A. Yes, sir. 

Q. The school is following the instructions of the department? — 
A. Yes, sir. 

Q. Have you any other duties than you have outlined? — A. Yes; 
I have various things to tend to in connection w^ith the cash. If 
something is to be purchased in the city, for instance, some merchan- 
dise purchased, I have to get up petition and bids for that and make 
the purchase, and then pay for the same by Government check drawn. 

Q. You keep the records and draw checks, and the superintendent 
signs them? — A, Yes, sir. 

By Senator Tow^nsend : 

Q. Is that blank receipt for sales sent in to the department as soon 
as sales are made? — A. At the end of the quarter in which the sale 
is made. 

Q. Is there any permission froin the department necessary in order 
to make the sale? — ^A. Yes. sir. 

Q. The superintendent gets permission from the department to 
sell that property? — A. Yes, sir; the stock. 

Q. Do they fix any price at which it may be sold ? — A. It is usually 
the highest obtainable market price. 

Q. You obtain the highest local market price? — A. Yes, sir. 



PHOENIX SCHOOL, PHOENIX. 437 

By Representative Burke: 

Q. What would haj)pen if the present superintendent of this school 
was about to retire and his successor was on the ground about to 
enter upon his duties, as to the passing of a receipt between the 
outgoing superintendent and the superintendent coming in? — A. 
There would have to be a thorough inventory of all property, and 
that would be entered in one of these property rolls, and the way I 
have been accustomed to taking the receipt is on each book page of 
the projjerty roll specify the line on which it is entered. 

Q. How "would it be determined if it took place to-day, the 13th 
of October? Just what property would the outgoing superintendent 
be charged with? — A. There would have to be an inventory taken 
at the date he quit. 

Q. Would he go and verify the inventory ? Suppose there was no 
property to take an inventory of. How do you determine what the 
property is so as to ascertain what the superintendent has got to turn 
over to his successor? — A. The property roll is supposed to show. 

Q. The property roll is dated June 30, 1913, and this is the 13th 
of October, 1913; what would actually happen if this took place?— 
A. All property that has been issued to this date would have to be 
entered and dropped from that roll. 

Q. In other words, the report that is made every quarter would 
have to be made to October 13, 1913?— A. Yes, sir. 

Q. Suppose some dishonest employee had sold some stock that he 
had reported as dead, who would be the loser, the Government or the 
superintendent who was going out of the office ? — A. The superin- 
tendent, if he could not account for it. 

Q. Is he a bonded officer? — A. Yes, sir. 

By the Chairman : 
Q. He might not be charged with all the property. Suppose new 
calves were being calved every day and not reported by the person 
charged Avith that duty, the record would be incorrect as to that par- 
ticular kind of property; or suppose he sells five head of cattle and 
reports them as killed, when, as a matter of fact, he has sold them, 
the superintendent would be credited with it, because the record 
shows thev were killed. There is nothing I see in the system to 
check a dishonest employee so as to prevent him from disposing of a 
considerable amount of property and appropriating the proceeds to 
his own use. and by falsely entering it up there is no record of it. 

By Representative Burke: 
Q. Do I understand that if an animal died at this school on July 
1, 1913, that there is no record until the end of the quarter?— A. 
There is a record. 

Q. What is that record?— A. The dairyman has charge of the 
record. He makes a record when the death occurs, and then im- 
mediately hands in on a piece of paper the fact that the animal died. 
By the Chairman : 
Q. How does he get them ?— A. They usually come to my desk. 
Q. When are they turned over to the property clerk?— A. At the 
end of the quarter. 

?>.".(Kn— rx 4—14 3 



438 PHOENIX SCHOOL^ PHOENIX. 

Q. They are kept m your possession until the end i>f tlie ^juarter ? — 
A. Yes, sir, 

Q. Would it not be a better practice to turn it in to the property 
clerk as soon as you got it, in order that the record might show up to 
date? — A. If he were keeping any permanent record, I would say yes, 

Q, Would it not be practical to keep a permanent record? — A. It 
would. 

Q. In fact, nobody keeps a permanent record? — A. No. 

C. W. GOODMAN— Recalled. 

By the Chairman : 

Q. What record is kept of the property belonging to the school 
that is sold? — A. In the first place not very much property is sold. 
What I said before about Mr. Hardy — Mr, Hardy has not learned 
all the things that are necessary to learn. He has several things to 
learn. I might further say the system is quite complete. I do not 
believe any one could come in here and get away with property 
without being caught. 

Q. Explain what those checks are ? — A. If an animal is sold we at 
once get a voucher signed b}' the person purchasing. If we buy the 
person who sells signs the voucher. 

Q. Suppose a voucher is issued, what record have you? — A. We 
keep the voucher until the end of the quarter. The original is sent 
in and the retained copy is filed here. Anything that is kept ,as mis- 
cellaneous receipts, is entered in class four. If an animal is butch- 
ered, not only do we get a report from the farmer, but also from the 
kitchen where the meat is used. The meat has to be accounted for. 
A certain amount is allowed as beef. In every sale and in every 
purchase quite a number of people are concerned. Besides myself 
the chief clerk is perhaps able to know something about it. There 
is a great many people on the place concerned in the transaction. 

Q. What property do you have to get specific authority to sell? — 
A. We have to get specific authority to sell stock and any special 
property condemned. Last quarter we sold two typewriters to the 
Underwood Typewriter Co. in Washington by authority from the 
Indian Office. The sales of the stuff manufactured at the school are 
sold under general authority. 

Q. What happens when an animal dies? — A. As stated, the dairy- 
man makes report to Mr. Oliver, Mr. Oliver, as stated, keeps the 
report on file until the end of the quarter. As a matter of fact a 
good property clerk will keep a record of all the property, and on 
that he will enter from week to week all changes, all issues, and all 
receipts, so that at any time he can tell from the card index what 
property is on hand. Mr, Hardy has not been able to get on to all 
these things. The large amount of correspondence, the large amount 
of dealing with Indians, that, together with a thousand other things, 
such as putting up the office ; and altogether the clerks have been 
working day and night, 

Q, Tell us about the animals that die ? — A, That is reported and 
goes into the office, 

Q. Who makes the report ? — A, The dairyman ; and Mr, Oliver says 
it comes to his desk. When he gets ready to make his affidavit up it 
is signed by the farmer or dairyman, or whoever knows that the stock 
died, Mr, Oliver swears them. It is entered by the property clerk. 



PHOENIX SCHOOL, PHOENIX. 439 

Q. Is the hide taken from animals — taken from animals that die? — 
A. Yes, sir ; the hide is sold. 

Q. Where is the receipt for hides entered ? — A. Class 4, miscellane- 
ous receipts, proceeds of the Indian money. 

Q. What was the aggregate of miscellaneous receipts for the last 
fiscal year? — A. We have in our quarterly account current about 
$l,000'for the fourth quarter, probably $3,000 for the year. 

Q. Don't you keep a permanent record showing these figures? 
What is the total amount received from miscellaneous items during 
the last fiscal j^ears, class 4? — A. First quarter of 1913, including bal- 
ance, $55.90. Total. $694.70, including monej^s for class 4, class 1, 
and class 2. 

Q. What was the total amount received during the same period 
from vegetables grown on the farm? — ^A. We did not sell any vege- 
tables. We eat them. 

Q. Did you not say this morning that you sold some?^x\. Possibly. 
If so it would appear in this book here under miscellaneous items — 
sales of pigs, sales of ice, print shop, report of work in shop, sale of 
hides. Then, there was a fractional quarter, $21.30. The quarter 
ending December 31, $1,087.75. Sale of subsistence to Indians, sales 
of hides, report of work in shops, printing. 

Q. Wliat is the amount of sales of hides in September? When are 
those entries made? — A. At the close of the quarter. 

Q. Why don't you enter them as soon as the sales are made? Sup- 
pose the item is lost? — A. I keep a personal memorandum. 

Q. Why it is not practical to keep an official record? — A. It is. 

Q. Why is it necessarily due. th.en. to the fact that you have not 
sufficient force? Did any department instruct you to choose any 
method of keeping tlie record? — A. We possibly choose our own 
method to that extent. 

Q. When a sale is made you do not enter it until the end of the 
quarter. You merely keep a slip of paper in the nature of a voucher, 
showing the transaction? — A. We also have our abstract of disburse- 
ments from day to day, from which a copy is made at the end of the 
quarter, showing purchase of cattle. 

Q. Does it show sales of cattle to other parties? — ^A. We have the 
correspondence as well as voucher. 

Q. Why would it not be more permanent to show sales and dis- 
bursements, and what is the advantage of waiting until the end of 
the quarter? You have to make them on the disbursements? — A. It 
seems a better way. 

Q. You are duplicating work? — A. There has to be one. 

Q. What are your instructions about it? — A. The instructions are 
to do these things as rapidly as possible. 

Q. How many girls have you ? — A. Four. 

Q. Is that sufficient to keep the records of this school? — A. It 
seems not. 

Q. Who prescribes their duties? — A. I assign their duties. 

Q. As a matter of fact it would take a long time after the expira- 
tion of the quarter to mnke the entries ? — A. No; it is not any trouble 
to run down and copy otf the sales. 

Q. Could it not be made at the time the transaction is made, and 
be better than to have to go back over the entire quarter ? — A. Yes, 
sir. 



440 PHOENIX SCHOOL, PHOENIX. 

Q. You think the system defective? — A. Yes, sir. 

Q. How often have you made an inventory of the property, person- 
ally? — A. I have not taken a whole inventory personally, but take 
part from time to time. 

Q. When was the last partial inventory taken? — A. June 80. 

Q. What inventory did you take then? — A. Perscnally, then, I 
went into the subsistence and the amount of the stock. 

Q. Who took the inventory of the stock? — A, I went out and veri- 
fied it with Mr. Wade. I went and counted the cattle, hogs, horses, 
and mules. 

Q. Suppose, for the sake of illustration, that during the last quar- 
ter 20 calves were calved and 15 were sold. If you were fortunate 
enough to have a dishonest employee who would report 5 calves 
calved and make no report of the number actually sold, you would 
not have any way of getting at that? — A. I think you are correct. 

Q. You rely upon emplo^-ees to carry out these instructions, and 
I am not insinuating or suggesting, but I am simply discussing the 
system of keeping sales of property. Suppose you had a dishonest 
emj)loyee in charge of the property, you not having any record and 
could not remember what he told you, and if he chose to report 5 
calves calved during last week, when as a matter of fact there were 
20 calved and 15 sold, you would have no way of catching him unless 
somebody saw him sell it. How many have you on hand? — A. I said 
I thought 60 or 80, and the record si) owed 139 at the end of July, on 
the memorandum. We have had a number slaughtered and a number 
sold. I presume not to exceed 90. 

Q. Which shows that you could have sold 30 and still not had 
any record. It seems to me that if every transaction were recorded 
at the time they occurred you would be more likely to have perfect 
records of them than by waiting until the end of three months, when 
your memory would not be good of the transaction. For instance, 
if calves are calved it may be they report it, and if they die it may be 
they report it. Of course it seems so. 

By Representative Burke: 

Q. When is the report made? — A. Mr. Oliver testified to that; I 
have not examined them. 

Q. How many mules have you got now?— A. About 15 head, I 
think. 

Q. Do you know how many?— A. I verified the property roll in 
July. I was away on a vacation in August, and it was a busy time all 
right. If we kept up the card system of property it w^ould show. 

Q. If each piece of property should be card indexed, that would 
show the transaction from dav to day?— A. We have kept it that 
way. 

Q. How long has Mr. Hardy been here? — A. About six months. 

Q. Do you know what records he is keeping ? — A. I know some he 
is keeping up. I do not know whether he is keeping tliem up to 
date. 

LEE CROSS HARDY— Recalled. 

By the Chairman : 
Q. Are you keeping a card index? — A. Yes, sir. 
Q. How far behind are you ? — A. Quarterly. 



I'JIOF.XIX SCHOOJ.. PHOENIX, 441 

Q. Wliat do you ilo besides keep a record of the property sold?— 
A. Well, I have a great deal to do. 

Q. Can you tell us? — A. I go to the city and luive vouchers 
signed. I have the storehouse to keep up. and all property corre- 
spondence in regard to property, I take care of that. 

Q. Who made the entries in the property roll in the meiuoramhun 
for the fourth quarter, 1913?— A. I did. 

Q. Anybody else make any entries? — A. No, sir. 

Q. I notice on e\ery page some corrections. How do so numy 
corrections happen? — A. I would be getting them in the wi-ong 
column. 1 would read this line when I oughr to read this line [wit- 
ness indicating lines]. 

Q. What is this [indicating! ?— A. That indicates thai all has 
been expended. 

Q. In column T. on a sheet which is not in any way identified, T 
see a black line run through some figures; the figures immediately 
adjoining are 20 and 180: what were the figures between those two? — 
A. Seventy. 

Q. How did TO get in that cnlumu and not within a half dozen 
lines? — A. That is expended; abstract F. 

Q. In any event, it is mistakes in keeping the record that occa- 
sions these changes? — A. That is abstract F. Everything has been 
expended, and is under different departments — carpenter, superin- 
tendent of industries, plumlx'r. and so on down. 

Q. What does 70 mean? — A. That means 70 pounds of that iron, 
round, one-fourth inch, used during the quarter. 

Q. Find that. — A. Over on voucher 3, by carpenter. Abstract A 
is o])en-market purchases, abstract B consignment, abstract C is 
articles manufactured here, stock born; D, issued to Indians; E, 
articles sold to employees; F, expended for use. 

Q. On the column which I indicate, the figures 372, what was 
that? — A. That is iron, round, five-eighths inch. 

Q. Those figures were formerly 472? — A. The three is written 
over, because I had to subtract. That 100 was not put down, to -sub- 
tract F from B. 

Q. In any CAent those erasures are clerical mistakes? — A. Yes. sir. 

Q. Where is the voucher for hogs sold? — A. I am just making that 
up. The i-ejiort will show 20 calves and 20 or 23 hides. 

Q. Show the mnnber of calves that died during the fourth quarter, 
1913. I assume that they have got that and it can be explained so 
that somebody with ordinary intelligence can understand. 

Mr. GoLDMAx (interrupting). You were asking if I should turn 
over the property to-day what woidd happen. The bisis of the in- 
ventory woidd be the last inventory and last property record as far 
as the property is concerned, and after the inventory was returned 
my successor would only receipt for Avhat I could show him. The law 
allows us until the 20th of the month to make up our cash account, 
and until that time if we made it up we would have no basis. 

By Representative Burke: 
Q. Mr. Goldman, if I understand you correctly, some of these slips 
you have are files of each transaction as they occur, and they really 
correspond to. in ordinary bf>okkeeping. the entry on the blotter, 



442 PHOENIX SCHOOL, PHOENIX. 

and the account is posted from these slips; is that the system? — A. 
Yes; very largely. 

Q. Then if the books were posted daily there would be a record, 
so far as everything turned in is concerned? — A. I think so. 

WILLIAM J. OLIVER— Recalled. 

By Representative Burke : 

Q. I do not distinctly understand about the permanent record. — 
A. This shows the amount of the voucher. We know the name, 
amount, and purpose. The abstract of disbursements shows amount 
disbursed. 

Q. Why don't you put it in a permanent book? — A. I did tiy 
for a time, but that took a great deal of time, and so I made it almost 
daily. Sometimes it goes for two or three days. At the end of 
each month the book is balanced and shows the amount of cash on 
hand. It shows disbursements on the same book, and if I receive 
on account from the Indian Office anything that is entered as re- 
ceived, and the number of the Avarrant and tlie date is entered. 

Q. Suppose to-morrow $500 worth of calves were sold? — A. That 
would not be entered until the end of the quarter. 

Q. There would simply be a memorandum and voucher made for 
it until the end of the quarter? — A. That would be kept in this mis- 
cellaneous receipt book and should be entered every day. 
By Representative Carter: 

Q. How niany books do you keep?— A. On cash? We keep one 
for all receipts and disbursements. 

Q. Do you keep a journal? — A. No, sir. No more than this form 
of journal, and then it is posted into the ledger. 

Q. That disbursement account is a journal so far as money paid 
out? — A. Yes, sir. 

Q. That could not be considered a journal unless it embraced all 
the transactions of the school ?— A. No; i( would not be a journal of 
the articles we ordinarily sell here. 

Q. My understanding^f a journal account is that a journal ac- 
count must embrace every transaction of the firm or business for 
which the book is kept. Is that not your understanding of what a 
journal account is?— A. It is kept. I keep it for all moneys that are 
received from the Government and disbursed by it. 

Q. That is more in the way of a cash book? — A. That is per- 
manent. 

Q. You do not keep a journal embracina- all the i^roceedings of 
all the transactions?— A. No. sir. 

C. W. GOODMAN— Recalled. 

By Representative Burke: 
Q. What is the practice, Mr. (70odman, as to inspections by a 
representative of the department of your school, including the book- 
keeping system of accounts and property on hand, etc.?— A. Well, 
it differs with different men. I do not think many of them go into 
it very deeply. 



PHOENIX SCHOOL, PHOENIX. 443 

Q. Then, there is really no examination made that discloses 
whether or not the property is on hand until a man separates him- 
self from the service or is transferred to another position? — A. It 
seems not. He is responsible on his bond, and he has to account. 

Q. If a man happens to remain at one school for a long period of 
time it might not be known that he was short until he left his posi- 
tion? — A. It is possible. 

Q. How many years have you been here? — A. About 12 years. 

Q. Have you ever had what you consider a thorough and com- 
plete examination of your accounts and property to determine 
whether or not they are as they onght to be? — A. No, sir; not all 
of it has been inventoried. I think no official of the department has 
gone to that trouble. 

By Representative CARTpm : 

Q. You said you took an inventory. How often do you take 
that? — A. Once a year, and for a while we took them every quar- 
ter or required our employees to do it. 

(Whereupon the commission took a recess until 7 o'clock p. m., 
Adores Hotel. Phoenix. Ariz.) 



GILA PJTER, rHUAHCHU, ( OCKLEBUR, AND (ULA BEND RESER- 
VATIONS. 



MONDAY, OCTOBER 13, 1913. 

Joint CoMArissioN to Tn\testigate Indian Affairs, 

Hotel Adams ^ Phoenix^ Ajnz. 
The commission met at 7 o'clock p. m., pursuant to recess. 
The following members were present: Senator Joe T. llobinson 
(chairman). Senator Charles E. Townsend, and Representatives 
John IT. Stepliens. Cliarles D. Carter, and Charles H. Burke. 

STATEMENT OF FRANK A. THACKERY. SUPERINTENDENT OF 
GILA RIVER AND OTHER RESERVATIONS. 

Frang xV. Thackery. being first duly sworn by the ehairniaiu testi- 
fied as follows : 

By the Chairman : 

Q. What official position do you \w\<\ ?— A. Superintendent of the 
Gila River Indian Reservation. 

Q. What is the area?— A. About ;350,000 acres, and then I have 
some smaller reservations to the south for the Papagoes on the public 
domain. 

Q. How many reservations have you ?— A. One large one and three 
small ones, and quite a number of Papagoes living on the public 
domain without any reservation. 

Q. What is the name of the other reservations? — A. They are 
known by the name of the Indian villages within them. The first 
of them is about 10 miles south, and is known as Chauhchu. The 
next one is known as the Cocklebur, and the third as the Gila Bend 
Reservation, near Gila Bend. Ariz., on the main line of the Southern 
Pacific. 

Q. HoAv many Indians on the Gila River pro!)er ?— A. Approxi- 
mately very close to 5.000, 

Q. How'many on the Chuahchu Reservation? — A. Close to 200. 

Q. How many on the Cocklebur? — A. About 800 there. 

Q. And on the Gila Bend?— A. There is belonging on that reserva- 
tion about 300. There is actually living there possibly not more than 
80. They are very poor people and go away to work. 

Q. What number are there off the reservation usually that you 
have supervision over?— A. We have not an accurate census, but 
there is, I should say, about 700 or 800. 

Q. What do the Indians on the main or principal reservation do 
for a livins^ — A. Farming and stock raising. 

445 



446 GILA RIVER, CHUAHCIIU^ ETC., RESERVATIONS. 

Q. PIoAv much farm land do they cultivate? — A. Approximately 
20,000 acres. They formerly had more, but had- to give up some, due 
to no water for irrigation. 

Q. Have they water for approximately 20,000 acres?— A. Not 
permanently. They have water when there is water in the Gila 
River. That goes dry sometimes. 

Q. Did they formerly cultivate more than 20,000 acres ?— A. Yes, 
sir.' 

Q. What area do you know they formerly cultivated? — A. We 
know, through estimates of engineers, the largest acreage to be a 
little over 30,000 acres. 

Q. How were they deprived of that water? — A. The settlements 
on the Gila River; that is, the use of the water by white settlers 
above is the cause. 

Q. Wlien was the Gila River Reservation set aside?— A. I do not 
know accurately, but about the first reservation established. I do 
not loipw yet, but I know it Avas prior to any white settlement in 
that whole country. It was 40 or 50 years ago.' 

Q. Was it a treaty?— A. I think it was an Executive order. Sub- 
sec]uent to that there was an Executive order making the present 
reservation. 

Q. Do you knoAv what stipulations were made with reference to 
water for the reservation? — A. None at all; excepting the conten- 
tion in law. 

Q. Is there a controversy now about the water rights for the 
reservation? — A. There is. 
Q. Is suit pending?— A. Was not; no, sir. 

Q. What is the status of the matter?— A. The first settlement 
above the Indian village on the Gila River was probably the settle- 
ment in what we now know as the Solomonville Valley, about 100 
miles above the Indian reservation. Settlements of Mormons come 
in there 30 or 35 years ago. Subsequently Mormons settled above 
the reservation near Florence. Ariz. Those people since that time 
have been building ditches and taking water out of the Gila River 
until recently the ditches were not proportioned to the number of 
people. Recently several companies have been organized, and every 
indication is that the companies will get together in one, and they 
are now considering digging a ditch and taking water out of the 
Gila, about 15 miles above the reservation. The ditch would be 
40 feet on the bottom and would take all the water on the Gila River 
during the ordinarj^ flow. In other words, no water would reach 
the reservation except in a high flood. Through a special assistant 
attorney we are getting the Indian case ready so that we can enjoin 
the different companies interested in this large ditch just prior to 
their actual appropriation of water. That is the status of the case 
to-day. We are preparing our case at this time, and measuring our 
ditches. I have served notice on the officers of the company of the 
contention of the Government, that notice having been prepared by 
the special assitant attorney general. They are making progress at 
their own risk. 

Q. If they prevail the Gila Reservation will be deprived of all 
water and none will flow ? — A. Yes, sir. One faction of the company 
owning this ditch are inclined to settle with us; that is, to make 
a friendly settlement. Thev \vant to hold us down to less water 



GILA RIVER, CIlLTAHCflU, ETC.. RESERVATIONS. 44T 

than we think we are entitled to. We are contending for water for 
10 acres per capita — man, woman, and child. That would average 
40 or 50 acres to the family. That would make approximately 50,000 
acres for the 5,000 Indians on the reservation. 

Q. "Wlien an Indian reservation w^as set aside there was impliedly 
created a water right for them sufficient to water an area necessary 
for the maintenance of the Indians, and that reservation would have 
been useless if that were not true? — A. Yes. In addition to that we 
are on our part able to prove, in the first place, the prior right of 
the Indians. 

Q. As a matter of fact it is a prior appi-opriation ? — A. Prior right 
and appropriation ; and further than that, the continued use of such 
water as was allowed to come down the river by flood. The ordinary 
flow the Indians have used practically all of it for ages. 

Q. How mau}^ companies are there? — A. Immediately above us 
are three. 

Q. They expect to be merged into one? — A. Yes, sir. 

Q. Are they organized under the laws of Arizona? — A. I am not 
informed as to that. 

Q. As to the other reservations— the Chuahchu — what do the In- 
dians on that reservation do? — A. They farm and have a small 
amount of poor-grade Mexican cattle and ponies, but the greater 
part of them are living by manual labor. 

Q. Have they any water right? — A. No recognized water right. 
They have lived in "the past by farming, but I should say the crops 
have entirely failed. Some go to the ranches and some go to Phoenix 
to get through the winter. Their farming heretofore has been this 
way : They have no reservoirs in any way. The underground supply 
of water is too deep for a pumping proposition. They have caught 
the water when it runs. They go out and build long banks in oppo- 
site directions, and guide the water into the little farm in the flat 
surface. They get enough to germinate seed. They have relied on 
that for ages. 

Q. What do you mean by ages?— A. At least 300 years. 

Q. Is there any known source of water that could supply them? — 
A. While I have been very thoroughly over that whole public do- 
main wlKMein these Papagbes live— I am not an engineer, but I am 
convinced there are some reservoir propositions there. They are 
not good, but would hold water and be comparatively inexpensive. 

Q. There are no lakes or streams?— A. None whatever. There 
are two little liAing streams covering 00 miles north and south 
and 200 miles east and Avest. excepting two little streams running 
from a peak called Babekek. 

Q. As to the Indians on the Cocklebur Reservation?— A. Same as 
the Indians on the Ghauhchu Reservation. At Gila Bend they have 
a small right in a ditch built by white men taking water out of 
the Gila River. I think only six Indians have a right in that ditch. 
It was claimed that all but tAvo had lost that right because of their 
failure to do assessment work. This has been referred to the special 
attorney. . . . ^ 

Q. The whole subject of water, wliich you are superintendent o±, 
is being given careful consideration? — A. Yes, sir. 
Q. What is his name?— A. John F. Truesdale. 



448 GILA KIVEK, CHUAHCiiU, ETC., KESEEVATIONS. 

Q. Wiiat is tlie general condition of Indians uniler your super- 
nsion, with reference to health? — A. I should say pretty bad. The 
most serious thing is tuberculosis. 

Q. What percentage have tuberculosis? — A. No less than 15 per 
cent, 

Q. Has any investigation been made among them to ascertain 
about this? — A. By the United States Marine-Hospital Service. 

Q. What was the extent of that investigation? — A. Dr. Freck 
made the investigatiton on our reservation, and I should say he spent 
about a week. He examined every pupil in the boarding school. 
That would be about 225 Indian children, and he examined on an 
average of about 30 pupils in each of the six day schools, and then 
he visited more than half of the Indian villages and examined. He 
spent about a half day at each village examining them for tubercu- 
losis and trachoma. 

Q. Do you know what report he made with reference to toubercu- 
losis? — A. It was published as a Senate document, and I think it 
showed an average of 80 per cent trachoma, and something over 10 
per cent for tuberculosis. 

Q. Do you think them well estimated? — A. Yes, sir. 

Q. Have you facilities for treating tuberculosis? — A. We have no 
facilities- except a dobie, one small room for the nurse, and tw^o small 
rooms 18 feet square, one each for boys and girls. The building is 
20 years c>ld. and one corner has actually fallen out. 

Q. What medical assistance have you? — A. Two regular physi- 
cians and a contract physician. One is located at headquarters at 
Sacaton. Another of the regular physicians at the Gila crossing 
village to the south end of the reservation, and the contract physician 
at Gila Bend. We have some five or six villages of 200 or 300 In- 
dians, and it is impossible for the present physicians to even visit 
those and give them any medical assistance at all. 

Q. What do the physicians attempt to do in the discharge of their 
duties? — A. At the boarding school we give regular treatment for 
trachoma. And as to our school pupils, we send them to the sani- 
torium at the Phoenix School; that is, as to the tubercular patients. 

Q. What actual percentage on your reservation are afflicted with 
trachoma? — A. Forty per cent. 

Q. How long have you been in the Indian Service? — A. About 23 
years, 

Q. What other agencies have you been su]5erintendent of?^A. 
The Indian Agency at Shawnee, Okla. 

Q. How long?— ^A. Eleven years. 

Q. What other service? — A. I began in the service as a laborer at 
Sac-Fox, Okla. I was made farmer at the Indian school at Sac- 
Fox, tlien in charge of industrial work, then transferred to South 
Dakota and made manager of the manual training, and then trans- 
ferred to Genoa University as disciplinarian, and from there to 
Anadarko as superintendent of the Riverside Boarding School, from 
there as superintendent in charge of the reservation at Shawnee, and 
from there made supervisor of Indian schools for California, 
Arizona, and Nevada, and from there to my present position. I was 
sent there to handle the water and land question. 

Q, What do you think is the best way of handling tuberculosis 
and trachoma diseases among the Indians? — A. I do not hesitate to 



CILA HIVK!!. ( ' 1 1 L^\J1C H U, KTC., KESKRVATION8. 449 

say tliJil tlie n\o>t vWvvi'we iiioaiis would bo by inexpensive camps 
on the reservations. 1 think a few strong field nurses under the in- 
structions of a physician, Avho could care for two or three camps. 
Mould be the most etfective means, because the Indians would take 
readily to the treatment. Generally they realize the seriousness of 
tuberculosis, but their family ties are so strong that it would be 
difficult to get them to break up the home and go away. Besides 
that, I think, the heavy cost of trans])()rta(ion to and from the hos- 
pital from a distance would be too much. It would not be effective 
unless some law was passed which would authorize the superintend- 
ent in charge to forcibly take them to the reservation, because the 
few that you would persuade would not clear up the situation on 
the reservation, because the majority w^ould remain at their homes 
without treatment unless some local means w^ere provided. 

Q. You means if we had a hospital on the reservation ? — A. If 
we had nothing but a hospital at a distance Ave Avould have to have 
a laAv to make them go. 

Q. Wliat do you suggest about treatment of trachoma? — A. Very 
much the same method. The two could go together and be cared 
for in temporary camps. 

Q. You would not maintain one camp for both? — A. I think em- 
ployees or officers should treat both. My idea would be that the 
Indians taking treatment for trachoma might stay at home and 
report. They live in A'illages about a mile a]3art. The tubercuh)sit 
cases would have to be housed. 

Q. Wliat is the number of employees at your agency? — A. Count- 
ing police and all, approximately TO. 

Q. AVhat do they consist of and how are they classified? — A. Do- 
mestic workers and industrial workers, teachers for six-day schools, 
7 district farmers, we have 3 physicians and 1 field matron, 9 In- 
dian police, 3 girls, and I should say, 12 or 1.5 Indian assistants. 

Q. What do they do? — A. As an illustration, w^e have a head 
engineer who has charge of the steam and electrical part. He has 
three Indian assistants. One of them runs the ice plarit, the second 
one is in charge of the laundry machinery, and the third one is 
directly in charge of the main steam plant where the pumping is 
done and Avhere steam is generated for the other plants wjiich are 
located at a distance. 

Q. How do Indian employees compare with white employees? — • 
A. We find it difficult to get them to assume responsibility. As 
assistants they do very well. There is a great difference in different 
tribes. Our people here are among the best workers I have ever 
seen. If given an example they will follow it. 

Q. Are" they strong on initiative? — A. They are not strong on 
initiative. It is more a lack of confidence. They are willing to work 
and do not require prodding up, but they lack in initiatiA-e. 

Q. What school facilities have j^ou? — A. We have a boarding 
school Avhich keeps 225 pupils, and we have six day schools with a 
capacity of about 35 each, and then we have a Catholic school. They 
have enrolled about 200. 

Q. How many pupils in the boarding schools at this time? — A. 
A.bout 204 or 205. 

Q. Where is that located? — A. Sacaton. 

Q. Who is principal ?— A. R. A. Ward. 



4^50 GILA RIVER, CHI'AHCHU,, ETC., RESERVATIONS. 

Q. How many teachers are employed there? — A. Four boardmg- 
school teachers, and there is a day school right at the agency, making 
five teachers at the agency ; that is, classroom. 

Q. What work do you do in the boarding school? — A. We have 
the pupils divided into two sections. While one-half is in the class- 
room the other half is out on industrial detail. We make a specialty 
of farming and gardening for boys. We have a similar detail in the 
carpenter shop, one with the engineer, another with the dairy, an- 
other with the stableman, another with poultry and bees, and one 
with, the experimental station. I merely suggest that w^e have an 
experiment station of 55 acres with the Government. 

Q. What area of lands do you farm? — A. We now farm about 240 
acres by irrigation. 

Q. What are the character of the crops you raise? — A. Egyptian 
cotton, corn, wheat, oats, alfalfa, onions, and in the fruit line we have 
grapes, pears, pomegranates. We are just starting our orchard of 
dates, and on the experimental station we have been trying out figs. 

Q. Do all the pupils work on the farm, except those engaged in 
some trade? — A. We have arranged it so that all p)upils get farm 
training some time in the school course. They do not all get training 
as carpenters, etc. 

Q. How^ do you handle the farm products ? — A. We consume most 
of it. We sell cotton, for instance. We sell only the surplus. 

Q. Do you Imow how much surplus you sold last year? — A. A 
little over $2,000 worth of cotton. We sold some cattle," about $2,500 
worth of cattle, and we reinvested that in a new dairy herd. I think 
that is approximately all. In addition to that our older Indian boys; 
we have it planned to give them a share of the crop they produce. 
We divide the farm into 10-acre plots, which, as I suggested a while 
ago, is to be the size of their allotment on the reservation. 

Q. What do you allow them out of the crops? — A. One-fourth. 
My plan is to have it impressed upon each boy in the most effective 
way possible what he can do on another 10 acres after leaving school. 
We divide our farm into 10-acre plots, and we have him raise what we 
think most profitable when he goes home. And I found conclusively 
this year that our three-fourths, exclusive of the interest that goes to 
the boys, amounts to more than what it did before when we took it all. 
We market his one-fourth at the highest price we can get, and my 
plan is to place that money in the bank on his account, there to re- 
main until he has finished school, then to be drawn out by this boy 
for such purposes as buying him a wagon or team, or whatever he 
needs to start in on his own land. 

Q. What is the total amount you received from farm products 
over and above what you consumed at the agency? — A. It is repre- 
sented in that $2,000 for ccitton is all that we sold that is produced 
by the farm proper. This year we raised all alfalfa and all of 
our oats, feed, as well as seed oats. We will have a surplus of wheat 
to sell, but it is as yet on hand unsold. For the year past Ave pro- 
duced close to $2,500 worth over and above wdiat we used. This 
year it will be over that. 

Q. What disposition do yon make of that then? — A. Place it in 
class 4 fund. We expend that in the same w^ay as other funds, except 
we are not required to get j)revious authority to expend it. We buy 
things, for instance, that are not allowed. 



(ilLA KIVEK, CilLWHClLL-, KiC, lIKSEltVATIONS. 451 

Q. Wliat did you do with the $1^,500^— A. We have aboiil three- 
fourths of it or more on hand. The bahmce we have been using in 
getting started in bees and chickens. The balance I want to use in a 
way that w'ill be an incentive to tlie boys and girls, as well as em- 
ployees, to increase their etforts in the future. I have not planned 
any way more than so they can >ee the direct result of their v/ork. 

By Senator Townsend: 

Q. You have only one field matron^ — A. I haAC asked for Iwo or 
more. 

Q. What is the pay of that one matron^ — A. $720 per year. 

Q. Is she a good one ? — A. Good indeed, and very sympathetic. 

Q. AVhat would you do wdth the other two? — A. Divide the terri- 
tory into smaller districts and put upon theni especially the impor- 
tance of sanitation about the home. 

Q. And would you have tliem visit the homes regularly? — A. 
Yes, sir. 

Q. Your Indians are located in villages so there is a phice for the 
Avoman to stay? — A. It has been the practice for her to travel out to 
a village and visit, and the next day to a village in another direction. 

Q. Can you make all the villages in that way? — A. No, sir. That 
is the reason Ave need additional field matrons. 

Q. Would those field matrons be of use to you in the treament of 
tuberculosis and trachoma ? — A. Very much indeed, if they w'ere of 
the right temperament, and if capable and interested in the w'ork. 

Q. Would .you have them selected in the civil service? — A. I would 
very much prefer to select them myself or have a physician to do it. 
I would like to have a person withthe right dispcsition. If you get 
one yourself or have somebody who is qualified in that line to go into 
the record of the person, his manner and habits, you can judge very 
well of it, and I think get the right sort of ])erson. 

Q. Could the faruier employed there be of serN'ice in the matter? — 
A. By right instruction. 

Q. Is he a competent man? — A. Yes, sir; I think we have a very 
good force of farmers. 

Q. Are they interested people? — A. They are interested in agri- 
culture. They are not interested much in the health line. If we 
had some way of having the Indian treated. 

Q. What does your farmer do in the farming line for the In- 
dian? — A. He assists them in the construction of ditches and gates 
for ditches or turnouts, and in the farming portions he assists in the 
planting and instructions as to when and how to water the land, and 
then how to best conserve the water by thorough cultivation, and 
then in the harvesting and marketing of their crops. One of his 
greatest assistance is in helping them get a proper price. 

Q. Does the Indian have an eye for business or show a competency 
to take care of himself? — A. Our Pima people have been turned out 
on their ow^i responsibility, and they show- a good deal of business 
ability, better than the average Indian. However, many of them get 
cheated. They know nothing about cotton, and they need help in 
marketing it. 

Q. What do they do with the money when they get it ?— A. The 
Indians on my reservation are I think the most economical people I 
have been with in my experience, and generally they save it for the 



452 lilLA !!IVKR, CHT\\Iirni% ETC., KESEEVATIONS. 

purchase <ii" farm wagons or new harness, sewing machines, cook 
stoves, and many of them use it for building more modern liomes. 
The old-style homes are built of cactus ribs, which is simply straight 
sticks, ancl then daubed over with mud and then covered with some 
material, and they put arrow weed on that, and then dobe on top 
of that. The}' save their money and make dobe brick and use the 
money to buy windows or doors and flooring and to sliingle their 
roofs. That generally {;omes about from the physician, field uiatron. 
and our district farmers. 

Q. Are their native homes properly ventilated? — A. The original 
home was, because there was an opening in the top through which the 
smoke escaped. 

Q. Is it a dry country? — A. Yes, sir. 

Q. What do you attribute as the cause of so nuich tuberculosis? — 
A. I think it is due largely to their transition period of old method 
of living. Originally they were wanderers mostly and out of doors, 
and when in the house the means of allowing the smoke to escape 
formed a splendid system. The game is all gone, and they have 
adopted the new style house, wherein the use of sanitation and the 
matter of ventilation is needed and is not realized by them, and 
therefore they sleep in these little tight houses Avithout proper air, 
and I believe it is largely due to this condition. They need education. 

Q. Do you teach this in your school ? — A. Yes, sir. 

Q. Does your matron and farmers help in such matters ? — A. Yes, 
sir. We hold meetings in which employees, teachers, and all are as- 
signed, and in which health is made a specialty. These things are 
discussed in our meetings both as a matter of instruction and to 
advise them of the danger. 

Q. What proportion of the Indian children attend the schools? — 
A. I should say about 70 per cent. All that Ave have room for. It 
is no trouble to get Indians in the school. 

Q. Do you need more room? — A. Yes, sir. 

Q. Have j^ou asked for it?— A. Yes, sir. 

Q. It has not been granted? — A. No, sir. The office has recog- 
nized our need, but I presume they have seen greater need elsewhere. 
I have asked them for more day schools. The boarding school is in 
bad condition. 

Q. Have any of your Indians l)een allotted lands? — A. None of 
them. 

Q. Have you asked that it he allotted? — A. I have wherever the 
water question is settled. Where the water question has not been 
settled I think that ought to go before the allotment. We ought to 
determine the irrigation system and then allot. 

Q. Have any of these Indians for which you are superintendent 
any funds, either created, or has any lands been sold? — A. No tribal 
funds of any description. 

Q. So that you have the appropriation that Congress made? — A. 
Yes, sir.^ In my experience I feel so sure that where a people of their 
stage of civilization can realize what they have back of them, it 
takes away from them an incentive to work! Where they have noth- 
ing they have to rustle and work, and that is the Indian's salvation. 

Q. Do you maintai'i among your Indians a tribal court? — A. 
Yes, sir. We have a court consisting of two judges, which is fur- 
nished by congressional appropriation. 



GILA EIVER, CllUAHCHU, ETC., RESEKVATIONS. 453 

Q. Is that an effective court '^ — A. Yes; \evy ett'ective. 

Q. What class of matters are settled by that court?— A. We settle 
disputes between Indians as to land, as to use of water from ditches, 
as to division of property where a person has died leaving- property 
for his heirs. 

Q. They settle those questions ?— A. Yes, sir. Thev hear the two 
sides, and the judges recommend a settlement. Up" to the time I 
went there they settled matters of marriage and divorce, but I 
stopped that when I went there, because in my experience in an 
allotted country, any chiim, for instance, the courts there have helcl 
that marriage by an Indian court, or a sei)aration by an Indian court, 
is without force, and it is very misleading to the Indians. Tliey have 
at Sacaton done this, thinking it legal and right. They are soon to 
be allotted. When an allottee dies his land must descend under the 
laws of descent and distribution, or laws of Arizona. The question 
of his marriage will naturally come in. When he goes into court the 
marriage or divorce will not be recognized by the State court. There- 
fore, I have discontinued it. I have taken "that out of the hands of 
the Indian court, and have required the Indians to go to the county 
authorities to get licenses and go to the county authorities to get a 
divorce. Personally, I would favor the passageof a law which would 
make it easier for an Indian to be married or divorced for this rea- 
son. Many of them are ignorant of the necessity of a proper mar- 
riage or divorce. They do not understand what it means in the dis- 
tribution of property by descent. The superintendent finds a good 
deal of difficulty in persuading them to abide by the law. If the 
superintendent requires him to go a distance of" over 100 miles to 
get a license it is up-hill work to get him to do that. If he could go 
to the agency and get one that would stand in the future it would 
simplify matters a great deal. 

Q. I understood you to say the property was regulated by State 
laws?— A. The Federal laws. As I understand it, that in an allot- 
ment of land, when the allottee dies the land descends under the laws 
of the State in which it lies. 

Q. Are they pretty faithful to the marriage relations?— A. Gen- 
erally speaking, yes: there is a very great difference in the cliff erent 
tribes. The people I noAv have charge of respect the marriage law 
and are a virtuous people, generally "speaking. Generally speaking., 
they are virtuous and respect the marriage relations, and if they dis- 
agree they coiue to the superintendent and want to be separated in 
the proper way. They do not attempt, in other words, to avoid 
authority. 

Q. Do you think the superintendent ought to have authority in 
that matter?— A. I think it ought to be given in certain cases. I 
think it is a mistake for the superintendent to marry Indians and 
grant divorces. It complicates matters when he is the court. 

Q. In settling disputes about the land they are occupying?— A. 
The matter of occupancy, but nothing wherein a legal question is 
involved ; that is all held in trust by the Government. 

Q. Do you know of Indians on your reservation that would go to 
a sanitarium if one were provided locally? — A. You mean bv that 
on the reservation ? I think practically all of our Indians would go. 
35601— PT 4—14 4 



454 CilLA RIVEE^ CHUAHCHL% ETC., RESERVATIONS. 

Q. Are there any Indians that would like to go to the reservation 
here at Phoenix for the purpose of getting the benefit of the reserva- 
tion ? — A. Quite a number. 

Q. What about the others? — A. There are others who ought to 
come, but we ha\-e a great deal of difficulty in getting them to do so. 
We have no authority to compel one to come. 

Q. Do you find that where cases get into the family it is liable to 
•spread to others ?— A. Yes, sir ; most of the houses have no floor ; and 
while many of them keep the floor dampened down, many don't keep 
it dampened down, and they expectorate in this dust. It is hard to 
make an Indian realize the danger. 

Q. Do they still practice on your reservation the Indian treat- 
ment? — A. Occasionally a so-called medicine man; but people have 
outgrown that, and at this time have very little influence over them. 

Q. Are your employees satisfactory ?— A. I am very well satisfied 
with the corps I have. We might, in an effort to make a change, 
get worse. 

Q. Did you make any recommendations along that line? — A. Yes, 
sir. 

Q. How do your improvements compare with those we have been 
inspecting to-day at Phoenix?— A. Practically all of our buildings 
are adobe. Most of htem have been built about 25 years and disinte- 
grated very badly. They were built in an early time, and they did 
not realize the necessity of putting stone foundations under them. 
Summer rain dissolves adobes at the base, and almost all of the adobe 
buildings are decomposed so as to make them dangerous. They 
were built long ago. when the school was small, and we have out- 
grown them. 

Q. If a sanitarium, not so pretentious or elaborate as the one down 
here or one perhaps constructed on the same plan so far as sanita- 
tion is concerned, were to be constructed at your agency, would that 
meet the necessities of the Indians of your reservation?' — A. Yes. I 
Avould like to have with that a temporary camp where we might 
treat the light cases. Bring in those that need constant care and 
treatment at the agency, and have a camp located at the villages so 
that one physician with a very inexpensive auto could visit five or 
six of these temporary camps every day. I think that would be 
inexpensive and effective. 

Q. Why do you prefer to have them that way? — A. Because it 
would be so much easier to have the Indians take" treatment. Their 
doing it voluntarily adds possibilities to the cure. 

Q. What character of camp do you want?— A. I want open roof 
with screened sides and board floor. I want to call your attention 
to the need of a bridge on the Gila Kiver. The Gila River is a 
shallow, wide stream, full of quicksand and treacherous. I am sure 
bridges are being built elsewhere when there is less need. The au- 
thorities have been at a great expense in fixing up the road around 
the reservation, and they have impressed upon me the need of a 
modern bridge. Gov. Hunt got stuck out there last Sunday, and 
we had to pull him out. It is bad for the Indians to get across. 

(Whereupon the commission adjourned.) 



SERIAL ONE 



HEARINGS 

BEFORE THE 

JOINT COMMISSION OF THE 
CONGRESS OF THE UNITED STATES 

SIXTY -THIKD CONGRESS 

SECOND SESSION 

TO 

INVESTIGATE INDIAN AFFAIRS 



JANUARY 21 AND MARCH 9, 1914 



PART 5 



Printed for the use of the Joint Commission 






WASHINGTON 

GOVERNMENT PRINTING OEPIOE 

1914 



Congress of the United States. 

JOINT COMMISSION TO INVESTIGATE INDIAN AE'PAIRS. 

Senators : RErRESENTATivES : 

JOE T. ROBINSON, Arkansas, Chairman. JOHN H. STEPHENS, Texas. 

HARRY LANE, Oregon. CHARLES D. CARTER, Oklahoma. 

CHARLES E. TOWNSEND, Michigan. CHARLES H. BURKE, South Dakota, 

R. B. Keating, Arkansas, Secretary. 

Ross Williams, Arkansas, Clerk. 



YANKTON SIOUX AGENCY. 



JANUARY 21, 1914. 

Joint Comjiission to Investigate Indian Affairs, 

Washington, D. O. 

The commission met in its office, room 128, Senate Office Building, 
at 7.30 o'clock p. m. 

Present: Senators Robinson (chairman) and Lane ; Eepresentatives 
Stephens and Carter. 

The Chairman. I incidentally learned that Mr. A. AV. Leech, the 
superintendent of the Yankton Sioux Indian Agency, was in the city, 
and thought it would be convenient for the commission to have a 
statement from him concerning conditions at that agency, and on the 
reservation. Mr. Leech is present this evening, having appeared at 
the request of the chairman, and he will noAV be sworn. 

TESTIMONY OF A. W. LEECH, SUPERINTENDENT, YANKTON 
SIOUX INDIAN AGENCY. 

Mr. A. W. Leech, being duly sworn by the chairman, was examined 
and testified as follows : 

The Chairman. You are the superintendent of the Yankton Sioux 
Agency in South Dakota? 

Mr. Leech. Yes, sir. 

The Chairman. How long have you served in that capacity, Mr. 
Leech? 

Mr. Leech. Very nearly two years. 

The Chairman. How long have 3^ou been in the Indian Service? 

Mr. Leech. Fifteen years. 

The Chairman. What positions have you held before you became 
superintendent at the Yankton Sioux Agency? 

Mr. Leech. I entered the service at Rosebud, as a day-school 
teacher in October, 1900, and served in that capacity until 1908, when 
I was promoted to day-school inspector at the Rosebud Agency, in 
which capacity I served until February 1, 1912, when I assumed 
charge of the Yankton Agency. 

The Chairman. What is the area of land within that reservation, 
approximately ? 

Mr. Leech. I can tell you what it originally was^about 400,000 
acres. 

The Chairman. Do you know what it consists of now, in area? 
How much is Indian land? 

Mr. Leech. I could tell you within 1.000 acres how much is Indian 
land. I would say approximately 98,000 acres belong to the Indians. 

455 



456 YANKTON SIOUX AGENCY. 

Senator LA^•E. Who does the rest belong to? 

Mr. Leech. It bek^ngs to white people. 

The Chairman. It has been taken np by homesteaders? 

Mr. Leech. It has been taken np by homesteaders and has been 
sold nnder patent and fee. 

The Chairman. What is the general character of the lands that 
are still Indian lands on that reservation? 

Mr. Leech. Senator, let me just make an explanation. There are 
268,000 which were allotted to our Indians, and the remainder of the 
400,000 acres, which comprised the original Yankton Reservation, 
was opened for homestead ; and of that 208,000 acres, of the 400,000, 
which were allotted, it has all been sold until they have about 98,000 
acres now. 

Senator Lane. How long has that process been going on? 

;Mr. Leech. It has been going on about 10 or 12 years, ever since 
thev have been settling the land. 

The Chairman. Has the allotment work on that reservation been 
completed? 

Mr. Leech. Yes, sir ; practically so. 

The Chairman. All the Indians have been allotted? 

Mr. Leech. Allotments all closed June 18, 1892. since which time 
no allotments have been made. 

The Chairman. AVhat is the general character now of the Indian 
lands, and of the country— just give a brief description of it, char- 
acter of the soil, etc., in a general way ? 

Mr. Leech. Away from the Missouri River the soil and the land is 
good for farming 'purposes. Of course, along the brakes of the 
river the soil is m most places a gumbo or shale, and it does not 
stand drv weather as well as the sandy soil. The southeast half ov 
corner of our reservation is more of a sandy nature and they raise 
better crops on that than they do in the northern part. 

The Chairman. What is "the area allotted to each Indian on that 
reservation ? 

Mr. Leech. From 80 to 160 acres. 

The Chairman. LTpon what does it depend as to whether, it is 80 
acres or 160 acres? 

Mr. Leech. As to whether it is farm land or grazing land. 

Senator Lane. Does the sandy loam stand the drought better than 
the gumbo ? 

Mr. Leech. Ih is more pervious or open, and the moisture that 
falls upon that sinks and goes down through, and on the other it runs 
off, and then when dry weather comes it returns to the surface of 
the sandy soil. 

Senator Lane. What can you raise, corn or wheat ? 

Mr. Leech. Any kind of a crop. 

Senator Lane. How deep do you plow that gumbo ? 

Mr. Leech. From 4 to 8 inches. 

The Chairman. What is the average market value of those lands, 
if you can state ? I want to get some idea of general conditions. 

Mr. Leech. You mean cultivated lands or the raw lands ? 

The Chairman. The cultivated lands, and the raw lands. Of 
course, they would have to be stated separately, probably. 

Mr. Leech. The average value of the cultivated lands, I judge, 
w^ould be about $50 an acre. 



YANKTON SIOUX AGENCY. 457 

The Chairman. That much? 

Mr. Leech. Yes. sir. 

The Chairman. And what wouhl the raw hinds l)e worth, if you 
could state ? 

Mr. Leech. WelL bei>innino- at tlie lirakes on the river, they would 
not be worth more than $4 or $5, up to $25 or $30 an acre. 

The Chairman. What is the total number of Indians, as near as 
you can state it, on that reservation ? 

Mr. Leech. One thousand seven hundred and eiahty or one thou- 
sand seven hundred and ninel3'. 

The Chairman. How do you oet the number— what information 
have you as to the number ? 

Mi\ Leech. We keep a complete roll. 

The Chairinian. What is their general condition? 

]Mr. Leech. Their general condition is very fair. We have some 
Indians that are well-to-do, and live just as well as any average white 
family, while, of course, we have some who live in squalor, compara- 
tively. 

The Chairman. Are many of them what we call "blanket" In- 
dians ? 

Mr. Leech. Oh, no. 

The Chairman. Are any of them "blanket" Indians?^ 

Mr. Leech. They all w^ear citizens clothes. Some of the wonien 
wear what we call" squaw" dress; but it is not the real old Indian 
woman's costume. 

The Chairman. Do they live in tepees or houses? 

Mr. Leech. In houses. 

The Chairman. All of them? 

Mr. Leech. Yes, sir. In the summer a few live in tents or tepees. 

The Chairman. What percentage of them are mixed blood, would 
you say? 

Mr. Leech. I should judge about 40 per cent. 

The Chairman. The remainder are full bloods. 

Mr. Leech. The remainder are full bloods. That i^, just an 
estimate ; I do not say it positively. 

The Chairman. Have thev tribal funds or property? 

Mr. Leech. Yes. sir: thev have tribal funds somewhere near 
$260,000: more than half of them have withdrawn their interests 
in the tribal funds. 

Senator Lane. Why and how? 

Mr. Leech. They make application for their share of the money. 

Senator Lane. On their personal application? 

Mr. Leech. Yes, sir. 

The Chairman. That tribal fund that you refer to is in cash, is it ? 

Mr. Leech. Yes, sir: it is in cash in the Treasury of the United 
States. 

The Chairman. Do they own any other tribal properties that you 
know of? 

Mr. Leech. No; not tribal properties. 

The Chairman. They have all been allotted ? 

Mr. Leech. Yes. sir. 

The Chairman. What is their condition with reference to i^rogress 
and development; what is their manner of living; and what con- 
stitutes their chief occupation? 



458 YANKTON SIOUX AGENCY. 

Mr, Leech. They all live in houses; some of them are very com- 
fortable and commodious houses; and their principal occupation is 
farming. 

Senator Lane. But the most of them have good, comfortable 
houses ? 

Mr. Leech. Yes, sir; the majority have comfortable houses. 

Representative Stephens. What is the difference as to civilization 
between the full bloods and mixed breeds as to the wearing of good 
clothing, etc.? 

Mr. Leech. Well, I think that mixed breeds wear a little better 
clothing, but I do not know that they will average better than some 
of the full bloods as far as civilization goes. 

Eepresentative Stephens. How is it with reference to working 
and trying to make a living? 

Mr. Leech. The full bloods are the better workers at manual 
labor; the mixed bloods are better "workers" at working the full 
bloods. 

Eepresentative Stephens. You say the full bloods are the better 
character of men? 

Mr. Leech. I would say that; yes, sir. 

The Chairman. What constitutes the chief occupation? 

Mr. Leecpi. Farming. 

The Chairman. Are many of them successful farmers? 

Mr. Leech. Some of them are very well-to-do farmers. Several 
of them this last year have had in over 100 acres. 

The Chairman. What do they produce ? 

Mr. Leech. Corn and wheat and oats. 

The Chairman. Do they raise live stock? 

Mr. Leecpi. Some; not very much. 

The Cpiairman. Is that a good country for raising live stock? 

Mr. Leech. Yes, sir; there are not many cattle in that country, 
but it is usually a good country for hogs. Cholera, of course, at one 
time ruined the hog industry there. 

The CiiAiRiMAN. Are those grazing allotments of 150 acres ade- 
quate to support an ordinary Indian family by grazing? What is 
the character of the grass ? 

Mr. Leech. Some of it is buffalo grass, and there is blue stem and 
some bunch grass. 

The Cpiairman. Do they require water for irrigation of agricul- 
tural crops? 

Mr. Leech. No, sir; that is, they do not irrigate. 

The Chairman. What percentage of these Indians are comfort- 
ably self-supporting — I mean, now, with reference to the whole 
reservation ? 

Mr. Leech. I would have to ask a question before I answered 
that. You mean "self-supporting" by means of their own efforts 
and the income from their own lands, rentals, and otherwise? 

The Chairman. Yes. 

Representative Carter. Or in any wise. 

Mr. Leech. Between 50 and GO per cent. 

The Cpiairman. Approximately half of them, then, are not self- 
supporting ? 

Mr. Leech. Yes, sir. 

The Chairman. How are they maintained? 



YANKTON SIOUX AGENCY. 459 

Mr. Leech. By the sale of some of their own land and inherited 
land. 

The Chairman. What is so large a percentage of indigents — I 
use the word for the want of a better one— among them due to? 

Mr. Leech. Well, it is due to lack of putting forth the proper 
efforts toW'ard self-support. 

The Chairman. Are many of them afflicted, Mr. Leech? What is 
the condition of their health, generally % 

Mr. Leech. You mean with respect to trachoma or tuberculosis? 

The Chairman. Yes ; or anything of that character. 

Mr. Leech. There is about 40 per cent of our Indians who are 
afflicted with trachoma, according to the report of our physicians, 
and probably 20 to 25 per cent tuberculosis in some form. 

The Chairman. That many? 

Mr. Leech. Yes. 

The Chairman. How do you make this estimate, from what in- 
formation ; statements by the physicians ? 

Mr. Leech. Yes, sir; every Indian Avho applies to the physician 
for treatment of any kind is examined, and he keeps a record of what 
the difficulty is. 

The Chairman. Have you any information upon which to form a 
calculation as to whether these diseases are increasing or diminishing 
among them? 

Mr. Leech. I have not known the Yankton Sioux long enough to 
make a statement that I would care 

The Chairman. To stand upon? 

Mr. Leech. To stand upon. 

The Chairman. You really could not state from the information 
you have? 

Mr. Leech. No, sir. 

The Chairman. Tell me what, if any, special efforts are being 
made by the Government or anyone else to prevent the spread of 
those diseases or to improve those conditions? 

Mr. Leech. There is not very much being done outside of the 
schools. 

The Chairman. What school advantages have you on that reser- 
vation ? 

Mr. Leech. We have a boarding school, the capacity of which is 
rated at 100. They have about 108 or 110 there now. The children 
are segregated, so far as trachoma is concerned. We do not admit 
tubercular children. We have separate bathing and sleeping facili- 
ties there, and they are under the care of the matron and the physi- 
cian. Their eyes are examined every few days by the physician and 
matron, and those who have trachoma receive treatment every day. 

The Chairman. Have you day schools in addition to the boarding 
school ? 

Mr. Leech. Yes, sir; public day schools. 

The Chairman. What is the total number of pupils enrolled in 
that boarding school? 

Mr. Leech. About 108 when I left home. 

The Chairman. Do you know what the Indian school population 
of the reservation is? 

Mr. Leech. About 450. 



460 YANKTON SIOUX AGENCY. 

The Chairman. About one-fourth of the total number, then, are 
in that school ? 

Mr. Leech. Yes, sir. 

The Chairman. What is the condition with reference to accessi- 
bility to the school for the greater part of the reservation ? 

Mr. Leech. As to the boarding school? 

The Chairman. Yes; that is the only school you have. 

Mr. Leech. The boarding school is located at the agency, and that 
is to one side of the reservation, on the Missouri Eiver. The farthest 
children from the boarding school would be about 30 miles, and 
from that down to within a mile or so. 

The Chairman. You said that in the boarding school the pupils 
who were afflicted with trachoma were segregated from those who 
are not so afflicted? 

Mr. Leech. Yes, sir. 

The Chairman. And that tuberculous pupils were not admitted? 

Mr. Leech. Yes, sir. 

The Chairman. Have you any hospital facilities on that reserva- 
tion at all? 

Mr. Leech. No, sir; we have not. 

The Chairman. What means have vou of providing medical 
relief? 

Mr. Leech. Only such as is administered by the physician when 
he goes out and makes visits over the reservation and when they 
come to the offlce. 

The Chairman. For treatment? 

Mr. Leach. Yes, sir. 

The Chairman. Who is your physician on that reservation? 

Mr. Leech. Dr. L. H. Collier has been our physician until within 
the last 10 days, when he was transferred ; but I am told by the offlce 
over here to-day that he is to be returned to us. 

The Chairman, Do you know what salary he gets? 

Mr. Leech. He gets only $1,000 a year. 

The Chairman. Is he supposed to give all the Indians on the 
reservation medical treatment and attention ? 

Mr. Leech. Yes, sir; those who apply to him. 

The Chairman. Does he do it and can he do it ? 

Mr. Leech. Well, no, he can not ; he can not visit those Indians off 
in the extreme portions of the reservation and do justice to those on 
the other parts. 

The Chairman. He, of course, gives medical attention to the 
pupils in the schools when they require it ? 

Mr. Leech. Yes, sir. 

The Chairman. And I suppose he attends to those who come in? 

Mr. Leech. Yes, sir; and those within a radius of 15 or 20 miles. 

The Chairman. He goes there when they call him ? 

Mr. Leech. Yes, sir. 

The Chairman. And the others are practically without medical 
assistance, are they? 

Mr. Leech. Yes, sir. 

Senator Lane. How old a man is he? 

Mr. Leech. Twenty-two or twenty-three years old. 

Senator Lane. What school is he a graduate of ? 

Mr. Leech. A medical college at Kansas City, Mo. 



YANKTON SIOUX AGENCY. 461 

Senator Lane. Are there any cliildren tliere who do noi have school 
facilities — access to school? 

INIr. Leech. Xo; there are no children on the reservation but what 
can attend either public school or boardini>- school. 

Senator Lane. You have a public school ? 

Mr. Leech. Oh. yes, sir. 

Senator Lane. Do they all attend? 

Mr. Leech. No; not all. 

Senator Lane. Why? 

Mr. Leech. There are' probably oO or -10 ])er cent who are out of 
school now at the present time. The inditTereiice on account of the 
parents is partly to blame for that, and the desire on the part of the 
patrons of some of the white schools to not have the Indians. 

Senator 1_ane. These public schools are partly attended by the 
whites ? 

Mr. Leech. They are white schools — public schools. 

Senator Lane. Scattered in among the Indians? 

Mr. Leech. Yes, sir. 

The Chairman. As a rule, the Indians do not attend the public 
schools in the neighborhood of that reservation? 

Mr. Leech. Oh, yes; more than half of our pupils are in the 
public schools. 

The Chairman. How many would you say? 

Mr. Leech. About 140 or 1,50; probably T;") or 80 are aw-ay in non- 
reservation schools. 

The Chairman. So that, as a matter of fact, the total number of 
Indian pupils attending school is much larger than the number at- 
tending boarding schools? 

Mr. Leech. Oh, yes, sir. 

The Chairman. Which do you think make the best progress — pu- 
pils going to the boarding schools or those to the nonreservation 
schools and the public schools? 

Mr. Leech. If they had. the attention they should have in the 
public schools they would make the better progress there. 

The Chairman. Why would that be true? 

Mr. Leech. In the public schools they are thrown directly in con- 
tact with the wdiite children, and the stimulus from that prompts 
them to work harder to learn than where they were all together in a 
boarding school. 

The CHAiR^fAN. You implied by your answ^er to a former question 
that they do not get the attention they ought in the public schools. 

Mr. Leech. Some of them do not. 

The Chairman. What is that due to. Mr. Leech? 

Mr. Leech. Indifference on the part of the teachers and the patrons 
of the public schools. 

The CiiAiRisiAN. Is there much conflict between the wdiite pupils 
and the wdnte patrons and the Indian pupils or Indian parents? 

Mr. Leech. In some districts there is not any; in other districts 
there is some friction. I wdll state that about a year ago I wrote to 
the county superintendent of our county and asked liim why there 
were not more Indian children enrolled in the public schools than 
there w^ere, and he stated that they were not wanted. 

The Chairman. That was the county superintendent? 

Mr. Leech. Yes, sir. 



462 YANKTON SIOUX AGENCY. 

The Chairman. And I suppose you drew the inference from that 
that the polic}- of the public-school administration in that county 
was to discourage rather than to encourage the Indians entering the 
public schools? 

Mr. Leech. Yes. sir. 

The Chairman. Are you satisfied with conditions on that reserva- 
tion with reference to school facilities for the Indians ? 

Mr. Leech. Reasonably so at the present time. We have more 
children in school this year than have ever attended school before. 

The Chairman. How many pupils would that boarding school 
accommodate? 

Mr. Leech. It would not accommodate any more. 

The Chairman. It is at its full capacity now ? 

Mr. Leech. Yes, sir. 

The Chairman. Are there pupils that would like to attend school 
who have not the opportunity of doing so ? 

Mr. Leech. Yes, sir; we could enroll more pupils in our school. 

The Chairman. Do you think some provision ought to be made 
for those anxious and willing to attend school? 

Mr. Leech. Yes. sir. 

The Chairman. Do you know any means of ascertaining how 
many, approximately, more children would enter the schools if the 
facilities were afforded? 

Mr. Leech. I think I could tell you approximately. I think we 
would have no trouble in enrolling from 30 to 40 or perhaps 50 more. 

The Chairman. Who is in charge of that school ? 

Mr. Leech. A man by the name of S. A. Louden. 

The Chairman. How many teachers have they? 

Mr. Leech. Two teachers. 

The Chairman. What do they teach in the boarding school? 

Mr. Leech. They teach up to the sixth grade, following the South 
Dakota coure of study, the same as they follow in the public schools. 

The Chairman. Have you an officer called a " farmer " on that 
reservation ? 

Mr. Leech. Yes, sir. 

The Chairman. Who is he? 

Mr. Leech. His name is Fergus H. Cron. The position has here- 
tofore been vacant. I was just informed to-day in the office that 
they had transferred Mr. Cron to that place. 

The Chairman. How long did you say he had been there? 

Mr. Leech. The transfer was just made to-day. 

The Chairisian. Who v^as there before? 

Mr. Leech. A man by the name of Leonardo H. Cook. 

The Chairman. How long had he been there? 

Mr. Leech. He had been there since about last May. 

The Chairman. What were his duties? 

Mr. Leech. He has charge of the farm and stock. 

The Chairman. What farm do you mean? 

Mr. Leech. The school farm. 

Senator Lane. Do you have an agricultural department with your 
boarding school? 

Mr. Leech. Yes, sir. 

The Chairman. Now many pupils are in that department? 



YANKTON SIOUX AGENCY. 463 

Mr, Leech. The farm detail consists of from 8 to 15 boys, accord- 
ing to their ages. 

The Chairman. Is it the phin to detail a certain number for a 
given period? 

Mr. Leech. Yes, sir. 

The Chairman. And then relieve them by making changes. 

Mr. Leech. The detail is changed. 

The Chairman. What interest do they take in that study ? 

Mr, Leech. The larger boys take considerable interest in that, 
caring for the stock, etc. 

The Ciiair:man. Have you any instruction in that school in what 
may be termed domestic science or housekeeping, or anvthinsf of 
that sort ? 

Mr. Leech. Not verj'- much. 

Senator Lane. You only have two teachers? 

Mr. Leech. That is all. 

The Chairman, The}^ do not undertake to do anything. I suppose, 
in vocational work? 

Mr, JjVEcn. Not very much. 

The Chairman. It does not reach that high? 

Mr. Leech. No, sir. 

The Chairman. How is the indigent Indian population handled — 
who has control of that branch of the work, anct how do von han- 
dle it? 

Mr. Leech. It is handled largely directly from the office. 

The Chairman. From your office? 

Mr. Leech. Yes, sir. We have two farmers, whose business it is, 
when they make their ronpds over the reservationj to report any cases 
that need ])articular attention, and attention is given from the office. 
At other times the Indians apply themselves. 

The Chairman. Do you issue rations ? 

Mr. Leech. Not very many. We issue rations to al)out from 12 to 
20 Indians, 

The Chairman, What do the rations consist of? 

Mr, Leech, Flour, bacon, beef, beans, and coffee. 

Senator Lane, How much constitutes a ration? 

Mr, Leech, They are given about 3 pounds of beef a Aveek or a 
pound and a half of bacon, and about 5 pounds of flour, and a pound 
of beans, and from a half pound to a pound of sugar. 

Senator Lane, Do they get fat on that? 

Mr, Leech, No, 

The Chairman, Are complaints among the Indians on that reser- 
vation pretty extensive or pretty numerous? 

Mr, Leech, How is that? 

The CiTAiR3iAN, Are there many complaints from the Indians of 
that reservation to you ? . 

Mr, Leech, No ; I can not say there are. Most of our Indians have 
individual Indian money— that is, money of their own— that they 
. draw on for their support. 

The Chairman. There is no emergency condition existing, at least 
with respect to any considerable number of Indians, requiring prompt 
consideration ? 



464 YANKTON SIOUX AGENCY. 

Mr. Leech. No, sir. If yoii will pardon me, I can give you that. 
I have a table that I brought here for the commissioner's informa- 
tion. I might give you a little information from that. 

The Chairman. I would like for you to do it. 

Mr. Leech. We have 200 Indians that are 60 years old and over. 

The Chairman. Right there, before you leave that, what number 
of them are indigent and require assistance? 

Mr. Leecjii. I was just coming to that. 

The Chairman. All right ; proceed in your own way. 

Mr. Leech, There are 183 who draw 'monthly checks from their 
money. 

The Chairman. How much do they draw ? 

Mr. Leech. They draw monthly^ checks amounting to $2,973. 
There has been expended for living expenses an average of $7,019.64 
per month. During the past 18 months, since July 1, 1912, there has 
been expended for living purposes the sum of $126,353.45 ; and during 
that time there has been expended for permanent improvements, 
such as buildings, farm implements, furniture, wells, fencing, etc., 
the sum of $130,306.73, making a total expenditure during the last 
18 months of $256,660.18. 

The Chairman. Have you a property man there at the agency? 

Mr. Leech. Yes, sir. 

The Chairman. Who is he ? 

Mr. Leech. Mr. W. W. Ewing. 

The Chairman. Who keeps the accounts there — have you a book- 
keeper ? 

Mr. Leech. Property accounts? 

The Chairman. Yes. 

Mr. Leech. Mr. Ewing keeps the property accounts. These fig- 
ures which I have given you are taken from the records of the 
financial clerk. 

The Chairman. Who is the financial clerk? 

Mr. Leech. C. A. Gossett. 

The Chairman. How many helpless Indians do you know of on 
the reservation? 

Mr. Leech. Practicaly all that are helpless are so from blindness. 
We have perhaps 10 or 12 who are virtuallv helpless. 

The Chairman. Totally blind ? 

Mr. Leech. Blind and crippled and so on. 

The Chairman. Is that caused by trachoma ? 

Mr. Leech. I presume so. 

The Chairman. Has the physician there suggested to you or have 
you suggested to him any plan to try to reach that condition? 

Mr. Leech. Trachoma? 

The Chairman. Yes. 

]Mi\ Leech. There has been some correspondence relative to the 
establishment of a hospital there relating to that. 

The Chairman. A camp hospital? 

Mr. Leech. A reservation hospital. 

The Chairman. Could the trachoma and tuberculosis hospital for 
that reservation be combined, or would they have to be separate? 

Mr. Leech. One hospital, with the patients kept in wards. 

The Chairman. Have you made any estimates, or has anyone 
called upon you to make an estimate as to what it would cost for a 



YANKTON SIOUX AGENCY. 465 

hospital to reasonably provide for the patients that woukl likely be 
treated there within a year or two? 

Mr. Leech. No, sir; 1 have not been called upon. That matter 
was discussed with Supervisor Davis when he was with ns some- 
thing over a year ago, and he said he would take the matter up, and 
it was reported that on account of the insufficiency of funds we could 
not expect to get a building. 

The Chairman. What agency buildings have you there? Give me 
a general description and state what is their condition. 

Mr. Leech. We have an office building, in very fair condition; we 
have eight employees' cottages, in generally fair condition; we have 
two commissaries, one of them in fair condition, the other very poor 
and not in use; we have a carpenter shop and a lumber building and 
barn, and police ({uarters. and the old agency cottage and the old 
office building. The old office building is used as quarters for police, 
and the old agency cottage is used as a hospital. 

The Chairman. Just what are your activities there — your official 
duties ( 

Mr. Leech. A little of everything. 

The Chairman. I suppose you have general supervision of the 
entire work there? 

Mr. Leech. Yes, sir. 

The Chairman. What area of land was cultivated last year on the 
farm, and what crops were raised? 

Mr. Leech. By the Indians on the school farm? 

The Chairman. On the school farm. 

Mr. Leech. There were about CO acres cultivated last year ; of that, 
about 45 acres was in corn and about 15 acres in oats. In addition 
to that we have about 13 acres of alfalfa. 

The Chairman. AVhat did you produce on that farm — how much 
of those respective crops? 

Mr. Leech. Our corn averaged about 30 bushels to the acre; our 
oats about 35. 

The Chairman. What did you do with it? 

Mr. Leech. We fed the corn to our hogs and are feeding our oats 
to our horses. 

Senator Lane. About the hogs, how many of those have you? 

Mr. Leech. We still have about 30. 

Senator Lane. How many did you have last fall ? 

Mr. Leech. We have marketed about 35 this year. 

Senator Lane. What is done with the money from those hogs? 

Mr. Leech. The money goes into what we call " Class 4, funds," 
derived from the sale of products raised on the farm, and we use 
those funds for the purchase of things for the up-keep of the farm 
and making general improvements around the schools. 

Senator Lane. How^ many acres are there in the farm? 

Mr. Leech. About 60. 

The Chairman. What were the total proceeds from the property 
that you sold last year from the farm, if you know — the last crop 
year ? 

Mr. Leech. I judge about $700. 

Senator Lane. How much did it cost to run it? 

Mr. Leech. It depends on whether you count in the farmer's 
salary. 



466 YANKTON SIOUX AGENCY. 

Senator Lane. He worked on it, did he not? 

Mr. Leech. Yes. 

Senator Lane. You will have to count that. 

Mr. Leech. The farmer's salary is $720 a year. The feed for the 
stock, I judge, cost $1,000 or $1,200. 

Senator Lane. In all? 

Mr. Leech. Yes. 

Senator Lane. Then you went behind on it about $500? 

Mr. Leech. Well, we have some stock we have not sold. We prob- 
ably broke even, counting the increase of stock. 

The Chairman. And that counts in the farmer's salary? 

Mr. Leech. Yes. 

The Chairman. How is this property account kept; just what 
record is made of it? 

Mr. Leech. When anything is sold we have to have a voucher 
signed by the purchaser, stating that he paid so much and no more 
for the property, and an affidavit must be made by myself stating 
that that property was sold at the highest market price on that date, 
and those vouchers are submitted with the amount of funds that is 
taken in from that. 

The Chairinian. Do you make sales yourself or are they made by 
the farmer, as a matter of actual practice? 

Mr. Leech. Yes. 

The Chairman. Which? 

Mr. Leech, I have to make a certificate to that, too. The farmer 
makes one, and I do also. 

The Chairman. Which one of you actually makes the sale, as a 
rule? 

Mr. Leech. I make the sale. 

The Chairman. The responsibility is on you? 

Mr. Leech. Yes, sir. 

The Chairman. As a matter of practice, he negotiates the sale, 
does he not? 

Mr. Leech. He delivers the stock and hauls them off to market; 
he delivers them, but everything is made out in my name. 

The Chairman. You do not sell any corn or hay, but use it on the 
farm? 

Mr. Leech. Yes, sir. 

The Chairman. And practically everything you do sell consists of 
live stock, and principally hogs? 

Mr. Leech. Yes, sir. 

The Chairman. If you had hogs for sale, just how would you 
proceed to sell them ? 

Mr. Leech. We call up the hog buyer, and our nearest market is 
at Wagner, and find out what the market is on that day. 

The Chairman. How many sales of hogs have been made since you 
have been there ; do you know ? 

Mr. Leech. Hogs sold? 

The Chairman. Yes. 

Mr. Leech. We have made three sales this year and sold, I think, 
twice last year. 

The Chairman. Were those sales all made to one person or were 
they made to different persons ? 



YANKTON SIOUX AGENCY. 467 

Mr. Leech. Most all of them were made to one person. The 
Farmers' Cooperative Association of Wagner shipped one carload to 
Sioux City. They shipped them for us and sold them on the market 
there. 

The Chairman. What did you usually get for (hem during the last 
season ? 

Mr. Leech. We received $7.10 a humh'ed for the last we sold; 
$7.07 for some and $G.90 for some. 

Senator Lane. Was that the regular market j^rice:? 

Mr. Leech. Yes, sir. 

The Chairman. Mr. Leech, when property is destroyed or when 
live stock belonging to the agency dies, how do you keep the record of 
that? 

Mr. Leech. The farmer makes an affidavit of the death of an ani- 
mal, whatever it is. There is a regular form that fits that. 

The Chairman. The regulations of the bureau prescribe how that 
shall be done? 

Mr. Leech. Yes, sir. 

The Chairman. And the farmer makes an affidavit. With whom 
does he file that affidavit? 

Mr. Leech. The affidavit is filed at the office first, and is trans- 
mitted with our quarterly accounts to the department. 

The Chairman. Coming now to those quarterly accounts, do you 
keep any permanent record of the quarterly accounts? Do you keep 
any books? 

Mr. Leech. Yes, sir. 

The Chairman. I will say in this connection that at some of the 
agencies we have asked these questions, and it appeared that no 
record wdiatever is kept except simply the quarterly accounts, and it 
is in the nature of a very temporary record. You keep a permanent 
record, do you? For instance, if 1 were to ask you the number of 
hogs that died during a certain quarter or were sold during a certain 
quarter in 1912, could you tell me; and, if so, from what would you 
get the information? 

Mr. Leech. I would get the information from our property rec- 
ords, those kept there by the property clerk in the property book. 

The Chairman. The property book, what is that — describe it in 
a general way ? 

Mr. Leech. It is a memorandum book. . 

The Chairman. Is it a ledger or something like that? 

Mr. Leech. An ordinary blank book or ledger. 

The Chairman. You do not keep it, then, simply on loose sheets? 

Mr. Leech. No, sir ; we have a property book. 

The Chairman. Do you know what the department requirements 
in that particular are? I do not suppose you do. Do they require 
you to keep a permanent record of the property ? 

Mr. Leech. I do not think they do ; I do not think we are required 
to keep anything except duplicates of our reports that we send in 
to the department. 

The Chairman. But, as a precaution, you do keep a permanent 
record ? 

Mr. Leech. Yes, sir. 



468 YANKTON SIOUX AGENCY. 

Senator Lane. Eight at that point, I would like to ask a question. 
Does the farmer, who is paid $700, do all the farm work, or does he 
have any help? 

Mr. Leech. He has the help of the larger boys. 

Senator Lane. How many of them does he use, do you think? 

Mr. Leech. From four to six or eight. 

Senator Lane. How many teams does he use? 

Mr. Leech. They have four teams. 

Senator Lane. Working on the farm — and who drives those? 

Mr. Leech. The farmer and the boj-s. 

Senator Lane. In this cost or expense, the amount which it costs 
to run the farm, have you reckoned the team in that — use of the team, 
wagons, cultivators, and plows? 

Mr. Leech. I have not reckoned on the repair of those. 

Senator Lane. Have you reckoned in the use of the teams? 

Mr. Leech. We raise our feed and we feed that, so that our feed 
does not cost anything additional. 

Senator Lane. You do not charge off anything for the labor of 
the boys? 

Mr. Leech. No. 

The Chairman. So that at any time in the future the amount of 
property on hand during a given quarter or at a given date can be 
ascertained from that book? 

Mr. Leech. I do not know that all of it could be ascertained from 
that book. There are some supplies in the warehouse that I am in- 
clined to believe are not kept on that book. But the farm property 
and such property as that is kept on that book. 

The Chairman. What is the source of your water supply there, 
Mr. Leech? 

Mr. Leech. The river furnishes the water. 

The Chairman. The Missouri River? 

Mr. Leech. Yes, sir ; we have a pumping station. 

The Chairman. What is its condition generally? Is there any 
contamination? 

Mr. Leech. No ; I can not say that there is. The pumping plant 
is not located where I would have located it if I had been locating 
it in the first place. It is down a little below the agency when it 
should have been located above. 

Senator Lane. Do you ever have typhoid fever? 

Mr. Leech. No, sir. 

The Chairman. The school gets its water supply from the same 
source ? 

Mr. Leech. Yes, sir. 

Senator Lane. Any sewage system? 

Mr. Leech. They have for the school. 

Senator Lane. Where do you empty that sewage? 

Mr. Leech. Below the pumping plant. 

Senator Lane. Into the river? 

Mr. Leech. Yes, sir. 

Senator Lane. Do you have any wells there? 

Mr. Leech. No. 

Senator Lane. All water is pumped from the river? 

Mr. Leech. Yes, sir. 

Senator Lane. What kind of pump do you have? Steam? 



YANKTON SIOUX AGENCY. 40,9 

Mr. Lekcii. Yes, .sir: and a tank up on the hill — a reservoir up on 
the hill 

The Chairman, Do you know Mr. Koy Bailey? 

Mr. Leech. Yes, sir. 

The Chairman. What is his business? 

Mr. Leech. He and his father ai-e conducting- a general nier- 
dise store there. 

The Ciiaihma>. Have you any interest in that business? 

Mr. Leech. None whatever. 

The Chairman. Have you ever had? 

Mr. Leech. None whatever. 

The Chair:man. Did you lend him nione}'? 

Mr. Leech. Yes, sir; I loaned Roy Bailey some money a year or 
so ago for a little while. 

The Chairman. Was it for the purpose of enabling him to con- 
duct that business? 

Mr. Leech. Xo, sir ; it was after he had purchased the business. 
He was feeding some cattle, and he needed to buy some grain to 
feed them through. 

The Chairman. Did you buy any cattle wnth him or for him? 

Mr. Leech. No, sir. 

The Chairman. Did you look over any cattle with him or for 
him with a view to buying them? 

Mr. Leech. No; I did not. He went out with me once. I was 
going out not far from the agency to look after some farming for 
the Indians. He had a motor cycle that he traveled around on, and 
I suppose it was out of order. He asked me if he could not ride 
along with me. First, he asked me where I was going. He did go 
out with me, and we stopped at one place and looked over some cattle. 
That was the only time he ever went out with me, or I w^as along 
with him when he looked at any cattle. 

The Chairman. He kept the only butcher shop there, did he not? 

Mr. Leech. He had the only one for a while; j^es. His brother is 
running one. 

The Chairman. At the agency? 

Mr. Leech. Yes, sir. 

The Chairman. They run rival shops? 

Mr. Leech. Yes, sir. 

The Chairman. Where is the nearest meat shop anywhere else 
than at the agency, if you Imow? 

Mr. Leech^ Well, the nearest butcher shop outside of the agency 
is the town of Wagner. 

The Chairman. About how far away? 

Mr. Leech. That is about 10 miles. 

Senator Lane. Is there any other butcher shop on the agency ? 

Mr. Leech. No. Well, there are two there. 

Senator Lane. How do they come to be there? Are they Gov- 
ernment establishments? 

Mr. Leech. No, sir. 

Senator Lane. And they make their liA-ing by selling beef to the 
employees and to the Indians? 

Mr. Leech. Indians, and those white people living on the agency. 

Senator Lane. Are there some white people living on the agency ? 

.^.'-.GOl— PT .5—34 2 



470 YANKTON SIOUX AGENCY. 

Mr. Leech. Yes: quite a good many. Settlers aroiiiul there go to 
the agency to trade. 

The Chairman. Do the Indians around the reservation buy their 
meats at Bailey's shop? 

Mr. Leech. No; I can not say they do. I do not think they buy 
half there. They i3uy at Wagner or any other place. 

The Chairman. Where do the old Indians, or the Indians who are 
dependent on your office for their money and rations, get their meat? 

Mr. Leech. Some of them buy from the agency, some at Wagner, 
some at Lake Andes, some at Ravina, and all those towns. 

The Chairman. Some at the agency? 

Mr. Leech. Yes, sir. 

The Chairman. What kind of stock did Mr. Bailey keep, or does 
he keep? What was its condition, for instance, last summer when 
Mr. Sloan was out there? 

Mr. Leech. Why, his shop was about like all country shops. Not 
as up to date as a shop would be run in a city or town, but it was 
fair as far as sanitary conditions were concerned. 

The Chairman. It was clean, was it? 

Mr. Leech. Yes, sir ; reasonably so. 

The Chairman. Has he constructed a new l3uilding? 

Mr. Leech. He is constructing a new building. 

The Chairman. He is building? 

Mr. Leech. Yes, sir. 

The Chairman. Did you see the slaughter house, for instance, dur- 
ing last summer? 

Mr. Leech. I saw it once or twice ; twice, probably. 

The Chairman. What was its condition? 

Mr, Leech. The last time I saw it it was not very good. I told 
Mr. Bailey he would have to repair it. The floor was broken pretty 
bad, and he afterwards put in a new floor there. That was some 
time — I think it was August or September. 

The Chairman. And the animals hung up in there, and did the 
offal and drippings from them run through the holes in that floor ? 

Mr. Leech. Well, the floor was broken. When I saw it, he told 
me that it had just been broken just before that. That was the con- 
dition at that time. 

The Chairman, How long had that slaughterhouse been in that 
condition ? 

Mr. Leech. In that condition? 

The Chairman. Yes. 

Mr. Leech. I do not know. It had been probably two or three 
months since I had been up there before, and it was not in that con 
dition then. 

The Chairman. When did you say you went there ? 

Mr. Leech. It was some time in the summer; in August, probably. 

The Chairman. Do not the laws of that State require that 
slaughterhouses have cement floors, or do you know ? 

Mr. Leech. No ; I do not know about that. 

The Chairman. Was your attention ever called to that? 

Mr. Leech. No, sir. 

The Chairman. Well, do you know what the requirements of the 
health board of South Dakota are in that particular? 



YANKTON SIOUX AGENCY. 471 

Mr. Leech. No; I can not say that 1 do. I can not say that I have 
ever seen those. 

The CiTAiKMAN. Don't they rexiuire that the walls be whitewashed 
and that they have cement floors? Yon do not know, though? 

Mr. Leech. No; I could not say. 

The CiiAiRMAK. Did you visit this slaughter house in August and 
September of last year? 

Jklr. Leech. I think it was some time about that time. 

The Chairman. Did you see maggots in the offal or filth there in 
the slaughter house ? 

Mr. Leech. No ; I did not see that. There was blood on the boards 
just after he butchered. There was quite a lot of blood there. It 
was not in veiy good condition. 

Senator Lane. Fresh blood or old blood? 

Mr. Leech. Yes. 

Senator Lane. No old blood? 

Mr. I^rEECH. Oh, 1 suppose there was some old blood there, too. 
The floor was covered. 

The Chairman. Do you know how he undertook to keep it clean, 
if he undertook to do it ? 

Mr. Leech. He scrubbed it out. That is the way he used to do. 

The Chair^ian. Did you make any objection to anybody else keep- 
ing a butcher shop there or slaughter house? I mean, anybody else 
than Bailey? 

Mr. Leech. Well. I objected to Ed Bailey selling meats there at 
one time? 

The Chairman. Why? 

Mr. Leech. There had been trouble between the Baileys. Ed 
Bailey and this K. D. Bailey were brothers and there was trouble 
in the Bailey family, and I thought at the time that perhaps a rival 
shop between the brothers would result in more. 

Another reason why I objected to another shoj) — my predecessor 
when he was there claimed that two or three parties had sold meat, 
and thev were out of meat a good share of the time and it was very 
unsatisfactory. I noticed that from the correspondence. Also, the 
first sunnner I was there Mr. Roy Bailey and George F. Bailey 
were selling meat and they were getting meat about the same time, 
and some of it spoiled aiid then they would be out of meat for a 
while. And there was a whole lot of dissatisfaction on the part 
of employees there at the agency. Sometimes they wanted meat 
and could" not get it. Ed Bailey came to me and asked me if I would 
recommend him for a license. I told him that if he would buy out 
Roy or the other man I would do so. 

The Chairman. Don't you think competition in that matter would 
tend to better the service? 

Mr. Leech. It did not prove so when they had competition? 

The Chairman. I believe you said that both the Baileys are run- 
ning shops now. It has not resulted in any trouble ? 

Mr. Leech. No. Ed did not begin until cold weather this fall. 
He had no ice. 

The Chairman. What kind of a shop does he keep? 

Mr. Leech. Oh, he has a little square building there. 1-2 or 11 feet 
square, that he keeps his meat in, and a few- groceries. 



472 YANKTON SIOUX AGENCY. 

The Chairman. Did Roy Bailey get the butcher shop after or 
before you took the agency ? 

Mr. Leech. AfterAvards. 

The Chairman. About how long? 

Mr. Leech. Nearly a year. 

The Chairman. Did yon furnish the money or any part of it to 
buy it? 

Mr. Leech. No, sir. 

The Chairman. Did your assistant raise it? 

Mr. Leech. No, sir. 

The Chairman. Did you have any interest in the business or the 
profits from it? 

Mr. Leech. None whatever. 

The Chairman. Do you know anything about an incident, by 
rumor or information, ' in which an Indian was killed by being 
shoved from a precipice of some sort by Roy Bailey? Did you 
hear of it ? 

Mr. Leech. Recently? 

The Chairman. Yes. 

Mr. Leech. Yes. There w^as an old lady fell, Christmas night, I 
think it was, and broke her leg, and a short time after that she de- 
veloped pneumonia — so the doctor pronounced it — and died. That 
is the only instance of that kind. 

The Chairman. Do you know anything about Mr. Bailey taking a 
barrel of beer that he had purchased to the Pratt place near the 
agency and having a drinking spree? 

Mr. Leech. No^sir: I do not know anything about Bailey taking 
it there. I heard that Mr. Estes took a barrel of beer there and they 
had a drinking spree. 

The Chairman. Who do you mean by " they " ? 

Mr. Leech. Mr. Estes and Mr. Bailey and Charley Pratt— well, 
I don't know. 

The Chairman. Was it on the reservation? 

Mr. Leech. No, sir. 

The Chairman. Do you know Sarah Bull? 

Mr. Leech. Yes, sir. 

The Chairman. What is her condition? 

Mr. Leech. Sarah Bull is an old lady that is in a rather decrepit 
condition at the present time. She makes her home with her son, 
Eugene Bull, part of the time, but Eugene's wife is abusive to her, 
so the old lady says, and she does not stay there only a part of the 
time. Part of 'the time she stays at the agency. She has a little house 
near the agency. 

The Chairman. Do you require her to live in that house? 

Mr. Leech. I do not require her to. She lives there part of the 
time. 

The Chairman. She lives there when she is not Avith here rela- 
tives? 

Mr. Leech. Yes, sir. 

The Chairman. Who built that house? 

Mr. Leech. It was built 

The Chairman. I mean, was it built with her money ? 

Mr. Leech. I presume so. It belongs to her. 

The Chairman. It was built before you saAv it ? 



YANKTON SIOUX AGENCY. 473 

Mr. Leech. Before I went there; yes, sii'. 

The Chairman. Did you do aiiytin^ i'or hei- besides inakinij: ii 
monthly payment ? 

Mr. Leech. Yes, sir. I have a woman staying (hei'e with her i)art 
of the time named Belle Kitteaii. 

The Chairman. Do yon know whether she was taken by the police 
back to that house when she was staying "\^ith her relatives; and. 
if so, why was that done? 

Mr. Leech. No; I do not know al)()ut that. 1 do not tliinl-: she 
w^as. I am quite sure the police did not take her back there. 

The Chairman. Do you know, after she had i-eceived her Septem- 
ber check, on or about the Oth of that month, and was returning 
home, whether she was picked up unconscious and taken to the home 
of her relatives ? 

Mr. Leech. It w-as never reported to me. 

The Chairman. Do you know .whether she complained tluit while 
she stayed at that house she could not get fuel or water or food, and 
suifered a great deal from neglect and discomfort? 

Mr. Leech. She told me a time or two that she was not getting 
water as she needed it, and I instructed the police to see that water 
was delivered to her. The way those ])eople get water over there 
is to have it hauled from the river, and they have two or three fellows 
there that haul water around to those people when they need it. 

The Chairman. Did you send the police up to her and require 
them to take her to that house and require ]jer to stay there? 

Mr. Leech. No. Let me qualify that a little. I told the police 
to tell her once that she w^oidd have to mov^ to the agency where we 
could look after her a little better. She complained that she was 
not getting anything to eat; that she was starving out where she 
was; but her son, I felt satisfied, was getting her monthly check 
and spending it. That was Eugene. I know he was about that kind 
of a fellow. They lived out about 4 or .") miles from the agency. 
I told the police to tell her she had better move down to the agency 
where she would be away from him and where we w-oidd know she 
got the use of the monthly clieck. 

The Chairman. Do you know how he treated her? 

Mr. Leech. No. 

The Ciiair:man. Did she make any complaint to you about liis 
treatment of her? 

Mr. Leech. No, sir; and I feel reasonably sure the police never 
mistreated her. She is an old, old woman. 

The Chairman. Is she living or dead nou ? 

Mr. Leech. She is living. 

The Chahoian. Still living? 

Mr. Leech. Oh, yes. 

The Chair:man. Where is she now ? At the agency ? 

Mr. Leech. Yes. 

The CHAiR:\rAN. How is she now? Does she make complaints 
still? 

Mr. Leech. No: I saw her about a week ago. She has a sore heel 
which is in bad condition. The doctor was up not long ago. and he 
said he did not think he could ever cure it ; if she was not so old he 
would advise her to go to the hospital and have her foot amputated. 

The Chairman. Do vou know how old she is, or claims to be? 



474 YANKTON SIOUX AGENCY. 

Mr. Leech. She is 80 past. 

The Chairman. Do you know an Indian by the name of Adam 
Hero? 

Mr. Leech. Yes, sir. 

The Chairman. Did you cancel his lease for $330 a year to a 
man by the name of Shaffer, or Sheefer? 

Mr. Leech. Yes, sir ; I think so. 

The Chairman. Was he declared competent? 

Mr. Leech. He was declared noncompetent. 

The Chairman. You declared him noncompetent? 

Mr. Leech. Yes, sir. 

The Chairman. Do you know how lone; he had been leasing and 
collecting rent? 

Mr. Leech. No ; I do not Imow how long he had been on the com- 
petent list ; but I know why I recommended that he be taken off the 
competent list. He complained to me at one time that tlie man 
who had his land owed him some money, and I sent out for that man 
to come in. Then he came in. He produced a receipt froju Adam 
Hero — signed by Adam Hero — for all the rent due on the land and 
a little bit more. He produced a receipt for $r)00. .Ydam Hero can 
just write his name, and that is all. He can not read writing and 
can not write anything else except just write his mm<i in a manner. 

That was his signature on the receipt all right. He acknowledged 
that, but he claimed he did not know how much the receipt amounted 
to. He claimed at the time that he never received that amount. I 
called this man in again, and he brought in a man by the name of 
Weedy, I think it is, who claimed that he saw — well, he had some 
of the checks given to Adam, and he had seen other amounts paid 
over to him — to prove that he had been paid this amount. On the 
strength of that, and the old man not knowing how much he had 
gotten when he signed this receipt, I recommended that he be taken 
off the competent list and that the money be paid into the office so 
we would know whether he was getting value received for his land 
or not. That is the Adam Hero situation. 

The Chairman. Did you take any testimony regarding his com- 
petency, or just determined it from the facts you have stated ? 

Mr. Leech. I determined it largely from the facts I have stated 
that I did not consider a man who would sign receipts and not know 
how much they called for — that he was not competent to collect his 
money. 

The Chairman. You did not make any record, I suppose, of any 
evidence in that connection? 

Mr. Leech. We have, I think, in the office, duplicates of the re- 
ceipts that he signed, and some 

The Ciiair^man. You never examined any witnesses, I suppose, 
did you? 

Mr. Leech. Other than Adam and the writer and this man 
Weedy. 

The Chairman. PTave you many cases of that sort during a given 
period of Indians who have been declared competent and whom you 
find it necessary to restore to the incompetent list? 

Mr. Leech. ISTo. Let me see. I do not recall any others. There 
may have been one or two others that have been taken off the com- 
petent list. 



YANKTON SIOUX AGENCY. 475 

The Chairman. Did you have him before yon al any time while 
you were considering cancelling his lease? 

Mr. Leech. Yes; he Avas down two or three limes dining tliat 
time, and the farmer stationed at I.alce Andes also helped to investi- 
gate that. I think he was in a time or tAVo. 

The Chairman. Did one TTarrv TTiU'dman ask that this action be 
taken? 

Mr. Leech. No; I do not recall that Uardman e\er interlcrcd m 
it at all. 

The Chairman. Do you know him? 

Mr. Leech. Yes, sir. 

The Chairman. What is his business? 

Mr. Leech. Uardman is at present an attorney of Lalce Andes. 
He used to be a clerk there in the office at the agency. 

The Chairman. What is Hero's general condition. Mr. Leech? Ts 
he diligent and industrious? 

Mr. Leech. No ; I can not say that he is. He does lujt work much, 
if any. The old man would have been better off, I think— that is my 
opinion— if he had been taken off the competent list before, because 
he had leased his land a couple of years in advance and collected the 
rental and used up that money for that length of time. Of course, 
he is hard up now, as some of our other Indians are who lease their 
land in advance and collect the money for it. 

The Chairman. Did the action which you took destroy liis credit 
or ability to get credit? 

Mr. Leech. Oh, no ; I do not see how it could. 

Representative Stephens. Did he have any credit prior to that? 

The Chairman. Yes ; that is a proper question. 

Mr. Leech. I w^ould think so. I do not know how the old man's 
credit stood at the town of Lake Andes. Lie lives up northeast some 
miles, but I am quite sure that action did not have anything to do 
with his credit. 

The Chairman. Did you make a lease for him? 

Mr. Leech. No; I have not made a lease for him. He makes his 
lease just the same as he did before — no more than we collect the 
money. 

The Chairman. What does it pay now ? 

Mr. Leech. I think it is leased for $2.50 an acre now. 

Senator Lane. Can he make a lease, being incompetent? 

Mr. Leech. Yes; he signs the lease. The incompetent Indians 
make the lease just the same as the competent Indians. Their lease 
money is paid into the office and then paid out to them, while the 
competent Indians collect the money themselves. 

The Chairman. As a matter of fact, his land is leased now for 
about $262.50 instead of $330, is it not? 

Mr. Leech. I could not tell you about that. 

The Chairman. Of course, you have to approve the lease, don't 
you? 

Mr. Leech. Yes. sir. I do not remember just what his land does 
bring. 

The Chairman. Do you remember whether he is getting less now 
under your supervisionthan Avhen he was on the competent list? 

Mr. Leech. I know he is getting more than he claimed he got. 



476 YANKTON SIOUX AGENCY. 

The Chairman. I mean do you know whether he is getting more 
under the contract for the lease or less 'i 

Mr. Leech. I coidd not tell you without consulting the records 
about that. I have not that in my mind. That could be very easily 
determined, if the committee would like to know, by writing to the 
office there, and I will have the lease clerk give you the amount that 
his old lease calls for and the amount his-^new lease calls for. 

Representative Stephens. By whom was this Indian declared 
competent ? 

Mr. Leech. I do not know. When I took charge of that agency 
we had what was called competent and noncompetent lists — two lists 
there in the office — made up several years ago by some one there at 
the agency and approved by the Commissioner of Indian Atfairs. 

Representative Stephens. Then, your act, in effect, nullified the 
action of the Commissioner of Indian Affairs? 

Mr. Leech. Oh, no. 

Representative Stephens. When you set aside the lease 

Mr. Leech. I did not do that without the approval of the Com- 
missioner of Indian Affairs. I recommended that to the commis- 
sioner, and he api)roved it. 

Representative Stephens. Then you did not undertake to do it 
yourself ? 

Mr. Leech. Oh. no; it is approved by the commissioner. 

The Chairman. To whom is his land now leased? 

Mr. Leech. I could not tell you that. 

The Chairman. Do you know who gets the check for his lease 
or the proceeds of it now — who actually receives it? 

Mr. IjEech. Yes, sir ; he gets it from the office. 

The Chairman. Is any of it paid to Mr. Harry Hardman? 

Mr. Leech. None: no. sir. 

Senator Lane. Is it paid to Hero himself? 

Mr. Leech. Yes, sir. 

Senator Lane. T understood you a while ago that they were paid 
to you. 

Mr. liEECH. They are paid to me. and then he draws the money 
from the office. 

The Chairman. The present lease in force, by lease from Adam 
Hero, shows on its face that it is for $262.50. The old lease, the one 
that was canceled, was for $330. was it not? 

Mr. Leech. T am under the impression that that $262..50 does not 
cover exactly all the land under the old lease, but I would not say 
positively about that. 

The Chairman. What was done with the other land that was in 
the old lease? 

Mr. Leech. He perhaps reserved part of it or is keeping some of it. 

The Chairman. Do you recall about that? 

Mr. Leech. No: I could not say that positively. No. sir: I would 
not, because that is a matter that I have not charged my mind with, 
and I do not want to be so understood. 

The CHAHniAN. He had been declared competent by your prede- 
cessor ? 

Mr. Leech. Some predecessor; yes, sir. 

The Chairman. And that had been approved by the Secretary 
of the Interior and the Commissioner of Indian Affairs? 



YANKTON SIOUX AGENCY. 477 

Ml'. Leech. No. sir; not 1)\' the KSe^retary of the Interior. 

The CuAiiniAX. Does not the Secretary ol" the Iiiterioi' approve 
those reconiniendations, formally at least? 

Mr. Leech. I think they just go as far as the eoininissi(iner. 

The Chairman. Just go to the commissioner? 

Mr. Leech. Yes, sir. 

The Chairman. Did a man by tiie name of Macfarland attempt to 
make a lease of this land earlier in the summei- of \i)V2( 

Mr. Leech. Macfarland? 

The Chairman. Yes. 

Mr. Leech. I do not know. 

The Chair.man. Do you recall notifying him that it was already 
leased, and before a new one could be made Hero would have to be 
declared incompetent and the old lease canceled? 

Mr. Leech. No. sir; 1 did not notify him that. The lease clerk 
may have told him that. I do not have any recollection of talking 
with Macfarland about it at all myself. 

The Chairman. "Was that lease canceled before the croj) was 
harvested? 

Mr. Leech. I can not say as to that. 

The Chair?,ian. Did you comi)el Hero t(j give back to Sheefer a 
team he had gotten, or not? 

Mr. Leech. Yes. sir. He had leased to him. I think, outside of 
the office — that was not on the lease that he had made to this other 
party. 

The Ciiair-man. 1 did not quite understand that, Mr. Leech. 

Mr. Leech. My recollection is that Hero had leased this land- 
made a deal f(!r another year of this land to this man, and had already 
taken this team as a i)ayment on that. We compelled him to give 
that team back, and then the land was leased and the rental collected 
by the office. 

The Ciiair:\ian. Do you kn<;w what crop Sheefer got from the land 
during the year you canceled the lease? 

Mr. Leech. No ; I do not. 

The Chairman. You would not know, then, whether he received 
$1,500 from the wheat and -tO acres of corn, besides the pasture 
rental? 

Mr. Leech. No, sir; I would not. I am not prepared to give you 
very much in the way of figures on that. If I had known that you 
wanted anything of that kind I could have gotten it all right; part 
of it from "the records, and part from inquiry from parties there. 

The Chairman. Do von know how much' was paid in advance on 
this $2fi2.50 lease now in force? Was there $215 paid of it? 

ISIr. Leech. Yon mean how much he has receiA'ed of that ^ 

The Chairman. No; how much was paid by the present lessee. :yt 
the $-262.50. how much was paid in advance'^ 

Mr. Leech. I will have to answer you by saying that T do not 
know. 

The Cha]r:man. Do y(!U know to whom that was paid? 

Mr. Leech. I presume it was paid into the office. 

The Chairman. Now, do you know what was done with it after 
it was paid into the office? 

IVlr. Leech. It must have ffone back to Hero. 



478 YANKTON SIOUX AGENCY. 

The Chairman. Do you know whether or not $115 was paid by 
elieck to Harry Hardman, bv check of W. I. Macfarland, under date 
of January 7, "1913, and $100 by check of J. E. Macfarland to AV. J. 
Macfarland, under date of September 30, 1912? 

Mr. Leech. No, sir ; I do not know. 

The Chairman. Have you a record of w hat your office did with it ; 
how much you received? 

Mr. Leech. Yes, sir; we have a record there in the office. Our 
lease rolls show all the moneys that come in and all the moneys dis- 
bursed — Avhat is done Avith them. But I can not carry that in my 
liead. 

I just wish to say. Senator, that I appear somewhat ignorant in 
answering these questions, but I had no idea, of course, that any such 
questions as these would ever be brought up. Consequently I never 
took the pains to charge my mind with it all. But since from the 
drift of your questions I see Avhere it does not look just right, I am 
willing to furnish a complete report of this transaction, a sworn 
statement ; or. if any of the members of the committee wish to go 
into that matter 

The Chairman. If you wnll look it up — -have you any special recol- 
lection of the transaction surrounding the Adam Hero leases? 

Mr. Leech. The only recollection I have at all — that is particu- 
larly — concerning the Adam Hero lease is the fact that I recom- 
mended he be taken off the competent list. I remember that par- 
ticularly. And I remember the reason why I did that. But the 
other transactions seemed to be of a very ordinary nature and con- 
sequently T neA'er charged my mind with them. They were handled, 
of course, by the lease clerk, and, while I am responsible for those 
actions, yet many of those transactions occur of which I have no 
direct knowledge. 

The Chair:man. Now, if this is the only instance wdiere you have 
found it necessary to declare an Indian incompetent who has here- 
tofore been declared competent, and if this action was for the protec- 
tion of the Indian, would it not occur to you that you ought to exer- 
cise at least ordinary diligence, and rather more than that, to see that 
his rights were protected? 

Mr. Leech. Well, when these leases are made by an incompetent, 
and the money paid into the office, we feel that his rights are pro- 
tected, because we know then how much money is paid for his land. 
Otherwise we do not know. 

The Chairman. Now, you are sure that that money was paid into 
the office ? That is one question I wanted to ask you. Or have you 
any recollection about it? The usual course would have been to pay 
it into the office, but in this particular transaction do you really re- 
member just how it Avas? 

Mr. Leech. No. sir: but I would say that it w^as paid into the 
office. 

The Chairiman. But the only thing you can state is 

Mr. Leech. That that is the regular way. 

The Chairman. And you have'no recollection of its pursuing a 
different course? 

Mr. Leech. No, sir. 

The Chairman. Now. when you go back home, at your leisure 
you may look up jour record and send a detailed statement explain- 



YANKTON SIOUX AGENCY. 479 

ing the whole, course of that transaction as far as yonr records 
show it. 

Mr. Lefx'h. Yes, sir; and I will even go further than the records 
show, if you wish me. I will take a statement of a farmer who is 
in charge of that district up there, and from Mr. Hardman and Mr. 
MacfarTand, too. if you wish it, and from my lease clerk. 

The Chairman. 1 have Mr. Macfarland's statement 

Mr. Leech. Oh, you have? 

The Chairman. And it is on that, in part, that my (Questions are 
based. 

Do you know an Indian woman by the name of Mrs. BroAvn- 
Thunder? 

]Mr. Leech. Yes. 

The Chairman. Is she competent or incompetent? 

Mr. Leech. She is noncompetent. 

The Chairman. Do you know whether she iuul lier sons sold any 
part of their lands? 

Mr. Leech. She had an estate that was divided up here several 
months ago, or a year ago now — three or four months ago she hact 
gotten possession of a part of it. It was probated, and final action 
taken on it bv the officer. 

The Chairman. Do you know Avhether she has received anything 
out of that land or not? 

Mr. Leech, Yes, sir. 

The Chairman. How much? 

Mr. Leech. She has authority— well, I could not give you the, 
exact figures on that, but her money_ is placed Avhere— she is now 
drawing a monthly allowance out of it. 

The Chairman.' How much does she get? Do you know? 

Mr. Leech. No ; but I think $20 a month. 

The Chairman. Do you know how much she has to her credit, or 
about how much? 

Mr. Leech. No; perhaps $1,200 or $1,400, I judge. I would not 
say that positively. 

The Chairman, She is under your care? 

Mr, Leech, Yes, sir. 

The Chairman. And you have full charge of her lands and rents 
and the moneys due her, and the leasing of her lands? 

Mr. Leech. Yes, sir. 

The Chairman, Her lands can not be leased without your ap- 
proval ? 

Mr, Leech. No, sir. 

The Chairman. Has she been povided for out of the rents for this 
property, or have her lands been leased ? 

Mr. Leech. She just a few months ago got authority where she 
could use her money. 

The Chairman, Do you know how much land she has? 

Mr. Leech, No ; I do not know. . 

The Chairman. Do you think it is true that she has about 200 
acres ? 

Mr. Leech. She would not have that much of her own. She might 
have some interest in inherited land. 

The Chairman. Do you know what the rents and prohts from it 



480 YANKTOK SIOUX AGENCY. 

Mr. Leech. No; I do not. If it is farms it would draw about $2 
or $2.50 an acre. If it is grazing land it would be about 75 cents to $1. 

The Chairman. Is it a fact that she has been an object of charity 
in that neighborhood there ? 

Mr. Leech. No — well, she might have been for a little while, before 
her land sale was approved and before the money was placed to her 
credit so she could draw on it I think perhaps there was three or 
four months there that the old lady did not have any money that 
she could draw on. But her sale was approved here ^some time ago, 
several months ago, and she is now drawing a monthly allowance. 

The Chairman. She is comfortable noAV. and being provided for? 

Mr. Leech. Yes. 

The Chairman. She is entitled. I suppose, to a support out of her 
property, if it is sufficient to aiford it? 

Mr. Leech. Yes.* 

The Chairman. Do you recall any instance in which you prevented 
any of the Indians on that reservation from leasing their lands? 

Mr. Leech. No; unless it would be somebody required by the regu- 
lations to reserve a certain amount of their land for their own use. 
The regulations provide that they must reserve a certain ]:)ortion of 
the allotment for their own use. I uuiy have refused to allow them 
to lease all of the land. 

The Chairman. Who is your subagent at or near Lake Andes? 

Mr. Leech. Mr. E. H. Benjamin. 

The Chairman. Has any information come to your knowledge, or 
charges made, that he has been receiving money from farmers about 
the reservation for favorable action at the agency? 

Mr. Leech. No, sir. I never knew anything about that or heard 
about that until Mr. Sloan was around this fall. I was told by a 
party that drove him around that he was inquiring about that. That 
is the only information I have. 

The Chairman. How far is that subagent from your main agency? 

Mr. Leech. Twenty-two miles. 

The Chairman. How often do you go there? 

Mr. Leech. Along in the sunnner T was up there every week or 
two. 

The Chairman. '\Mien was the last time before yoii came down 
to Washington? 

Mr. Leech. Oh, I have not been tliere for over two months. 

The Chairman. Are you kept pretty close at the agency? 

Mr. Leech. Yes, sir; I am. I really ought to be there more than 
I am, because there is never a day when I aiii out but that a lot of 
people come, claiming that they did not get to see me, that I was 
gone. But I have visited all parj:s of the reservation several times, 
and I get out whenever I feel that I can get away from the office 
and go out. 

The Chairman. What proportion of time do you spend away from 
your office in a 3^ear, Mr. Leech, would you say? 

Mr. Leech. During the summer and early fall I was out perhaps 
one-quarter or one-third of the time ; maybe nearly one-half. 

The Chairman. Did vou see Mr. T. L. Sloan when he was out 
there? 

Mr. Leech. Yes. sir. 



YANKTON SIOUK AGENCY. 481 

The CnAiR?,iAN. You know of his havino- U\Uou some statements 
from some Indians who \\ere iiiakin<j: some comphiiuts. did you not? 

Mr, Leech. Yes, sir. 

The CiiAiraiAN. Have you interviewed them since? 

Mr. Leech. Some I have. I interviewed tAvo or three, or three or 
four, or somethino- like that. 

The Chairman. Have you ci-ilici/ed these i)arlies for makinjj state- 
ments to Mr. Shian at times? 

Mr. Leech. Mo, sir; never but one; and I did not criticize him, 
exactly. I told him that if he made such a statement as was re- 
ported to me that he had uuide, he had no business doinj[? it, because 
it was not so. 

The Chairman. Who was that? 

Mr. Leech. A man by the name of Iron Bear. 

The Chairman. Did you know of anyone else making any threats 
toward these witnesses, or anything of that sort? 

Mr. Leech. No, sir. 

The Chairman. What statement was it that you remonstrated 
with Iron Bear for making? 

Mr. Leech. I understood that he told Mr. Sloan, or made a state- 
ment to Mr. Sloan, that I told him if he did not go to Lake_ Andes 
and make an affidavit against Mr. Estes I would put him in jail. I 
understood that he told Mr. Sloan that. I asked him if he did tell 
him that, and he did not exactly deny it; and I told him that he 
knew that that was not so, that he had no business making such a 
statement as that. 

The Chairman. Was that the only Indian whom you understood 
had made statements to Mr. Sloan? Was he the only one with whom 
you remonstrated for having made any statement? 

Mr. Leech. Yes, sir; that is the only one. 

The Chairman. Who is the Mr. JEstes to whom you have re- 
ferred ? 

Mr. Leech. Mr. Estes ran a trader store there at Greenwood. 

The Chairman. How far is that from the agency? 

Mr. Leech. That is at the agency. 

The Chairman. Is he an Indian? 

Mr. Leech. He is a mixed blood, a quarter breed. 

The Chairman. There is some feeling, I take it, betw-een you and 
Mr. Estes, is there not ? 

Mr. Leech. Well, yes; it has developed into that finally. 

The Chairman. Did you refuse Mrs. Sarah Bull, No. 2, and Mrs. 
Brown Thunder their usual money allowances after Mr. Sloan was 
there ? 

Mr. Leech. No, sir. 

The Chairman. Do you know whether it was stated there that you 
had done so because they made some statements? 

Mr. Leech. I am quite sure they were not refused their monthly 
allowances; they had drawn them regularly. 

The Chairman. Do you know Supervisor Neal? 

Mr. Leech. Yes, sir. 

The Chairman. Was he there after Mr. Sloan was there? 

Mr. Leech. He was there during the time Mr. Sloan was there. 

The Chairman. He was there at the same time? 



482 YANKTON SIOUX AGENCY. 

Mr. Leech. Yes, sir. 

The Chairman, Do you know of his having talked with any of 
these witnesses and remonstrating with them for giving statements? 

Mr. Leech. No. Mr. Neale talked with one or two of the wit- 
nesses. They were all white witnesses. Mr. Neale talked to Mr. Ed. 
Bailey and, I think, Mr. Henry Frederick. Henry Frederick is a 
mixed blood, I do not know whether he talked to any others or not. 

The Chairman. What inspectors from the Indian Bureau have 
visited your agency since you have been in charge ? 

Mr. Leech. Mr. Charles L. Davis, Mr. W. W. McConihe, Mr. 
S. A. M. Young, Mr. Neale, and the assistant chief officer for the sup- 
pression of liquor; I do not recall his name. 

The Chairman. How often does some inspector of the bureau visit 
the agency? 

Mr. Leech. Mr. Davis was the first man to visit me, in November, 
1912. Mr. McConihe visited me, I think, in January, 1913, and in 
March, 1913. Mr. S. A. M. Young visited me some time, I think, 
along about December or January, 1912 or 1913. He visited me 
again in June or July this last year. Mr. Neale visited me in 
August, 

The Chairman, What do these inspectors do when they visit the 
Yankton Sioux Agency? What work do they generally perform? 

Mr. Leech, They usually go over our books and look them over to 
see how they are being kept. They go over our property to see how 
that is being kept and looked after. They drive out around over the 
reservation to see about how conditions are there. They visit the 
school to see how that is being conducted, and the school farm and 
property there and so on. They sit around part of the time and look 
and listen. 

The Chairman. You have presented me some affidavits. 

Mr. Leech. Yes, sir, Mr. Kobinson. When I presented them to 
you I did not do it with a view of having them in the record at all. 

The Chairman. That is what I wanted to ask you, if you cared to 
have them in the record. It is a little informal to put affidavits in 
the record; but, as far as I am concerned, if you ask it, they will 
go in. 

Mr. Leech. I wish to say, for the benefit of the gentlemen here, 
that the reason I have those affidavits here is that tw^o of them 
were given to me because of claims they had against a party who 
visited out there, Mr. Sloan. This investigation by Mr. Sloan I 
can not but help feel was being made solely to assist Mr. Estes, 
who had a personal grievance against me. 

The Chairman. Do you know^ what that is? Do you- care to state 
what it is? 

Mr. Leech. Yes, sir; I will state to the committee, if you wish 
me to do so. 

The Chairman. If you care to do so. 

Mr, Leech, Without making any extended charges or anything 
of that kind, I will tell you how the difficulty originated. Mr. Estes 
had filed charges against one of our agency employees — one of our 
agency police, Nimrod — and after the investigation I felt satisfied 
that the charges were not w^ell founded and that there was malice 
back of it. I was conducting this investigation when Supervisor 
Young visited me at Greenwood, and he heard part of the testi- 



YANKTON SIOUX AGENCY. 483 

mony, and, I prosunio, from a quotation from his report that was 
sent to me afterwards, that he made a report, partially, on Mr. Estes. 
A year ago this spring Mr. Estes came to Washington and succeeded 
in going before Mr. Stephens's committee (Indian Affairs Committee 
of the House of Representatives), and made some charges there 
against me as to the death of some parties through neglect, etc. I 
replied to those charges. I think Mr. Stephens may remember, 
and he may have the reply now. 

Eepresentative Stephens. I think that is all in print. 
Mr. Leech. I will say, further, that these charges were baseless. 
1 think INIr. Stephens can not help but bear me out in that. About 
that time he made an application for a license and filed it here in 
Washington. 

The Chairman. For what? 

Mr. Leech. To trade. It was a renewal of his license. The office 
sent this application back to me and sent a quotation from Mr. 
Young's report to the effect that it Avas questionable whether he was 
a suitable person to be granted a trader's license, and they asked me 
to take that report into consideration when making my recommenda- 
tion ; and because of that, in connection with the other things that 
had occurred there, which I do not care to mention here, as I am not 
making charges against Mr. Estes at this time, I felt that I could 
not conscientiously recommend him. 

The Chairman. And you did not recommend him? 

Mr. Leech. 1 did not recommend him, and from that time on Mr. 
Estes has persistently sought in every way to find things to report 
against me to the Indian" Office. I suppose, or maybe to the com- 
mittee. I do not Imow whom he reports to. This fall Mr. Sloan 
came back with Mr. Estes when he was here in Washington, and he 
and Mr. Estes traveled around over the reservation there and took 
certain affidavits and statements. I do not know who they got state- 
ments from. Mr. Estes acted as interpreter, generally, for Mr. 
Sloan, and I felt as though that investigation by Mr. Sloan was 
solely in the interest of Mr. Estes and was a personal matter between 
Mr. Estes and himself. That is the reason why I have those state- 
ments there. 

The Chairman. The statements do not appear to be very material 
to any issue we are considering, and unless you desire them to go into 
the record, I will not press it. 

Mr. Leech. I do not care; I am not particular about it. 

Senator Lane. I wanted to ask you how many employees there are 
on the agency? 

Mr. Leech. We have. I think, 27. 

Senator Lane. On the pay roll? 

Mr. Leech. I believe so. I could tell you by counting them m ]ust 
a few minutes. 

Senator Lane. Well, about 30? 

Mr. Leech. Under 30. 

Senator Lane. How much does your monthly pay roll amount to i 

Mr. Leech. It is about $18,000 a year; about $1,500 a month. 

Senator Lane. After Sloan was out there and came away, had this 
man Estes been postmaster up until that time? 

Mr. Leech. Yes, sir. 

Senator Lane. And after that did he cease to be postmaster i 



484 - YANKTON SIOUX AGENCY. 

Mr. Leech. No; he is postmaster yet. 

Senator LA^'E. He was not removed fi-om the postmastership ? 

Mr. Leech. No, sir. I understand that the Post Office Depart- 
ment called for an examination for persons to fill that place and Mr. 
Estes did not take the examination, and it is assumed, of course, that 
there will be some one else appointed. 

Senator Lane. Is that in the civil service? 

Mr. Leech. It is a fourth-class post office; I suppose it is under 
civil service; yes. 

RepresentatiA'e Stephens. Mr. Estes. I believe, was formerly a 
clerk of the court out there, was lie nut? Was he not a county officer 
years ago? 

Mr. Leech. I think he was a register of deeds. Well, maybe he 
was clerk of the court; I am not sure about that. 

Representative Stephe]S!s. Then he would have to be a citizen and 
a voter of that county there? 

Mr. Leech. Yes, sir. 

Representative Stepheks. He is an Indian, is he not? 

Mr. Leech. He is a quarter-breed Indian. 

Representative Stephens. He is on the rolls? 

Mr. Leech. Yes, sir. 

Representative Stephens. The store wdiich he was running when 
you went there was on the Indian reservation, was it not? 

Mr. Leech. Yes, sir. 

Representative Stephens. Did you order him off the reservation? 

Mr. Leech. No; I never ordered him off'. His license was denied, 
and the department gave him until January 1 to move his stock and 
goods ; and he never himself was ordered off the reservation. 

Representative Stephens. Was he put off? 

Mr. Leech. No; he is on the reservation yet. He bought a lot 
belonging to the heirs of W^illiam T. Selden, a mixed blood Indian, 
who lived there a number of years ago. to wdiom the lot was given; 
a patent in fee was given to a lot there. Mr. Estes bought an interest 
in that lot and moved his store on to that. His dwelling is still on 
the reservation. 

Representative Stephens. Is he still running the store? 

Mr. Leech. Yes, sir. 

Senator Lane. A trader's store? 

Mr. Leech. He had a licensed store. 

Senator Lane. Is somebody else running that license now? 

Mr. Leech. Yes, sir. 

Senator Lane. When was that license granted? 

Mr. Leech. There are several running licensed stores there. Wil- 
liamson Bros, are running a trader's store there under a license. I 
suppose they have been in business 15 or 18 or maybe 20 years; and 
J. J. Bailey & Son are running a trader's store. The elder Bailey 
has been there over 30 years. 

Senator Lane. I mean the successor to this man Estes. 

Mr. Leec;h. Oh, no; he is running his own store. 

Senator Lane. Without a license? 

Mr. Leech. Yes, sir. 

Senator Lane. Was any new license granted since he lost his? 

Mr. Leech. Not to him. 

Senator Lane. To anyone else? 



YANKTON SIOUX AGENCY. 485 

Mr. Leech. They renewed the license of WillianiKon Bros. 

Senator Lane. But I do not mean that. Did anv new trader come 
in there to take the phice of this licensed trader who lost his license? 

Mr. Leech. No, sir. 

Representative Stephens. What injury was it to him to lose his 
license, if he was still running his store ? 

Mr. Leech. No injury at all." 

Senator Lane. What advantage is a license? 

Mr. Leech. It is not any advantage, particularly. 

The Chairman. What is the purpose of issuing a trader's license? 

Mr. Leech. It gives you a little bit better control over the conduct 
of the business. That is all. They put up a $10,000 bond when they 
take out a trader's license, and that insures that they will sell goods 
at a reasonable profit and conduct an orderly place of business. If 
they fail to do that, their license may be revoked ancl they be required 
to cease doing business. It does not make so much difference in a 
place like ours, because we only have a mile square there that is really 
a Government reservation. It would make a whole lot of difference 
on a place like Eosebud or Pine Ridge or large reservations not open 
for settlement, where all the business done on that entire scope of 
territory would be done under a license. All the towns where four- 
fifths of the merchandise is sold to our Indians, all the business 
houses there are conducted without a license. No one has a license 
except those who do business just on that agency reserve, in what we 
call the mile square, where the agency is located. 

Representative Carter. Did yon say that Estes was an Indian? 

Mr. Leech. Yes, sir. 

Representative Carter. Does he belong to this tribe, Mr. Leech? 

Mr. Leech. Yes, sir. 

Representative Carter. Do you require Indians that belong to that 
tribe to have a license when they trade with Indians ? 

Mr. Leech. Yes, sir. 

Representative Carter. The same as white men? 

Mr. Leech. Yes, sir. 

Representative Cari-er. You spoke about Mr. Sloan, or rather I 
understood from your language that you thought Mr. Sloan had 
conspired with this man Estes against you in some manner? 

Mr. Leech. Well, I do not know whether you would call it con- 
spiracy or not. I tiiink he was there in the interest of Mr. Estes. 

Representative Carter. Why should he take Mr. Estes's part? 
Was there any reason for that ? 

Mr. Leech. Mr. Estes and Mr. Sloan, so I am told, w^ere quite inti- 
mate here in Washington a year ago. I only know this from hearsay. 
Mr. Estes did what he could, so I am told, to secure Mr. Sloan's 
appointment as commissioner. I have been told that, you understand. 

Representative Carter. So you think that Mr. Sloan was trying to 
reciprocate? Is that your thought about it? 

Mr. Leech. Yes, sir. 

Representative Carter. You have not any evidence of that, have 
you? 

Mr. Leech. No ; I do not know that I have anything further than 
Mr. Sloan said he w^as out to get my scalp. 

Representative Carter, To whom did he tell that? 

.35601— PT 5—14 3 



486 YANKTON SIOUX AGENCY. 

Mr. Leech. He told several parties around there. 

Representative Cartek. Can you give the names? 

Mr. Leech. Yes, sir; I have Mr. Henry Frederick's statement 
there; it shows that; and Mr. Powers's, and, I think, Mr. Pratt's. 
He drove them around. I do not know whether there were any others 
or not. I think there is another one there, that of Mr. John St. 
Pieri-e. 

Representative Carter. Did he say why he wanted to get your 
scalp '^ 

Mr. Leech. No; I do not know that he said Avhy. 

Representative Carter. Did he say that he thought you were in 
the wrong? 

Mr. Leech. Xo; he just simply stated that he was there to get the 
superintendent. 

Representative Carter. That is all you lieard, and that is what you 
base your suspicion on ? 

Mr. Leech. Yes, sir. 

Representative Carter. How many Indians did you say there were 
on this reservation ? 

Mr. Leech. About 1,780. 

Representative Carter. How many speak P^nglish ? 

Mr. Leech. Over half of them. 

Representative Carter. How many can read and write? 

Mr. Leech. I presume half of them. 

Representative Carter. How many are living on their allotments? 

Mr. Leech. Nearly all of them. 

Representative Carter. How many cultivate their allotments? 

Mr. Leech. Perhaps half of them make some effort to cultivate 
them in some manner. 

Representative Carter. How many of them make their own liv- 
ing and sustenance from their allotments? 

Mr. Leech. From the rentals and from what they raise on their 
allotments, I judge about 50 per cent. 

Representative Carter. Practically all of them. then, who make a 
living make it from their allotments? 

Mr. Leech. Yes, sir. 

Representative Carter. What do you mean by competents and 
noncompetents, Mr. Leech ? 

Mr. Leech. That is simply a term that we use there to apply to 
the renting of their lands only. The competent Indian is an Indian 
that we think is competent to collect the lease money himself direct 
from the lessor. 

Representative Carter. What is your mcKliis oi)erandi to deter- 
mine whether a man is a competent or a noncompetent ? 

Mr. Leech. Well, if he drinks, and spends his money for such a- 
that, and neglects his family, and we find that his family is suffer- 
ing from his neglect and his expenditures of money, vs-e consider 
that he is not a competent. 

Representative Carter. Who declares him competent or noncom- 
petent ? 

Mr. Leech. I do not know wdio declared them competent cr non- 
competent in the first place. The competent and noncompetent list 
was submitted to me or left to me. I fell heir to that when I took 
charge of the office. It was approved by the commissioner several 



YANKTON SIOUX AGENCY. 487 

years ago — that is, three or lour years aao. I think this list was 
made out when Mr. Estep was supe'rinteiident there. 

Representative Carteh. I iinderstaiul ycai to say that the Tact of 
whether a man is (•()n>i)etent or ii(;iiconipi'(ont is arrived at i'l-oiu 
general observation \ 

Mr. Leech. Yes, sir. 

Representative Carter. What opportunity has the eonimissioner 
from any general observation to anive at 'tlic ability oi" a man to 
transact his business? 

Mr. Leech. He goes on the reconnnendation of the siii)erintendent. 
He has no observation at all himself. This list was made uj) and 
was submitted to the Indian Office for its approval. (\'rtain I'ccom- 
mendations were made when that list was submitted, aiul the list 
was simply O. KVl by the commissioner. 

Representative Carter. He simply approves it as a matter of 
form. He ahvays approves what the superintendent reconnnends? 

Mr. Leech. Oh. no; not always. 

Representative Carter. I mean about comi)eteiits and noncompe- 
tents. 

Mr. Leech. Yes; I do not know of his refusing to do it. 

Re}n'esentative Carter. If you wanted to have a new man declared 
competent on the reservation who was then on the noncompetent 
list, how woidd you go about \V. What would be your procedure? 

Mr. Leech. I would simply write to the office and state that this 
man is farming a part of his land, and that he is industrious, and 
so on, and capable of taking care of his own lease money, and ask 
that he be placed on the competent list. 

Representative Carter. Would you talk to the man in <|uestion 
or examine him before you did that I 

Mr. Leech. Oh. yes. 

Representative Carter. You would send that examination to the 
commissioner? 

Mr. Leech. Xo; not necessarily the examination. I would send 
my opinion as to his competency after talking to him. 

Representative Carit:r. But you would not make any record of 
your conveisation with him at all ? 

]\Ir. Leech. Xo. sir. 

Repre.'^entative Carter. Yoiu- pr(icedure. of course, to take a man 
who Avas incompetent oil' the competent list and place him on the 
incompetent list would be practically the same '. 

]\Ir. Leech. Practically the same. 

Representative Carter. Do you know all the Indians on the res- 
ervation { 

Mr. Leech. Yes. There are a few of th.em that I can. not call their 
names readily. 

Representative Cai;ter. How large did you >ay the reser\ation 
was? 

]Mr. Leech. Abotit 26 by ST) or 30 miles. 

Representative Carter. Do you think it would be possible for you 
to kncAv i)ersonally whether every one of those persons were compe- 
tent or noncompetent? 

Mr. Leech. Xo; but as they come under my observation, and I 
think that a change should be made and one should be ))laced on the 
competent list. I put him on. I will say. further, that about a month 



488 YANKTON SIOUX AGENCY. 

ago I called in 12 of the prominent men of our tribe who resided in 
different parts of the reservation, and we went over the competent 
and noncompetent list with a view of revising it. 

Representative Carter. You called in 12 of the head men? 

Mr. Leech. Yes, sir. 

Eepresentative Carter. And they assisted you in saying who was 
competent and who was noncompetent? 

Mr. Leech. Yes, sir. 

Representative Carter. When a man is declared competent and 
placed on the competent list, what do you permit him to do as a 
competent candidate ? 

Mr. Leech. Simply collect his money himself. 

Representative Carter. You allow competents and noncompetents 
both to make leases? 

Mr. Leech. Yes, sir. 

Representative Carter. With or without your apjDroval? 

Mr. Leech. No ; with my approval. 

Representative Carter. The competents also have to have your 
approval of their leases ? 

Mr. Leech. Yes, sir. 

Representative Carter. Does the Commissioner of Indian Affairs 
have to act on them ? 

Mr. Leech. The commissioner does not approve the competent 
leases, but he approves the noncompetent leases. 

Representative Carter. Does the commissioner give a competent 
Indian any other liberties or rights than the noncompetent has? 

Mr. Leech. No, sir; nothing but to collect his rental. 

Representative Carter. He has not any right to dispose of his 
property or anything of that character? 

Mr. Leech. No, sir. 

Representative Carter. Are all these Indians allotted? 

Mr. Leech. No. All those over 21 years of age are allotted. 

Representative Carter. How much are they allotted? 

Ml-. Leech. Eighty to one hundred and sixty. Just a minute; I 
will tell you exactly how many are not allotted. [After referring to 
papers.] We have 937 Indians, over one-half, who are not allotted. 

Representative Carter. What do you mean by 937? You said 
you had seventeen hundred and something. 

Mr. Leech. That many that are not allotted. 

Representative Carter. Oh ; you have that many not allotted. 
Why have not they been allotted ? 

Mr. Leech. They have been born since the allotments were made. 

Representative Carter. W^hen were the allotments made ? 

Mr. Leech. They were closed June 18, 1892. 

Representative Carter. How much allotted land is there ? 

Mr. Leech. There have been a few double allotments. I think 
there are 720 acres. 

Representative Carter. The entire reservation is allotted? 

Mr. Leech. Yes, sir. 

Representative Carter. How much did you say they have allotted 
to them ? 

Mr. Leech. Eighty to one hundred and sixty acres. 

Representative Carter. Owing to the grade and character of the 
land? 



YANKTON SIOUX AGENCY. 489 

Mr. Leech, Yes, hW. 

Representative Cakteh, Is it all agTictiltiiral land ( 

Mr. Leech. No, sir; there is some rough land along the river and 
along the creek that runs through there, called Soda Creek. But 
considerable of the land that was allotted as grazing land was 
agricultural land. Some of the sharper Imlians at that time pre- 
ferred to take 100 acres of what they termed grazing land, and it 
proved to be agricultural land, and thev virtually got twice as uuich 
as the others, in that way. 

Representative Carter. You said something ahout sales of allotted 
lands being made and of inherited lands, and that the funds were 
used for the maintenance of the Indians^ 

Mr. Leech. Yes, sir. 

Representative Cartel. Let me ask you, fiisl. if all of the inherited 
lands have been sold? 

Mr. Leech. No, sir; we have quite an amount. 

Representative Carter. How do you determine which are and 
which are not to be sold? 

Mr. Leech. When the estates are probated and some of the heirs 
apply for the sale of their land, we always insist on their selling the 
inherited land instead of their own allotments. 

Representative Carter. Suppose you have inherited land where 
the child has no allotment. AVhat do you do in a case of that kind? 

Mr. Leech. We try to hold it for him if we can. 

Representative Carter. Are you not alile to do it i 

Mr. Leech. No, not always; because sometimes some of the heirs 
are very old people, and need their share of that for their supi)ort. 
You can not partition it very well. 

Representative Carter. Let me ask you about that. Do you ha\e 
a determination of the heirs and a partition before the sale? 

Mr. Leech. Yes, sir. 

Representative Carter. No transfer is made until the heirs have 
been fully determined and the partition finally made, and the land is 
sold in small parcels or partitions? 

Mr. Leech. Yes, sir: the heirs are determined, the partitions are 
made, and it is all approved by the Secretary of the Interior before 
the sale is made. 

Representative Carter. Under the Burke Act ? 

Mr. Leech. Yes, sir. 

Representative Carter. Y(iU spoke also about the sale of allotted 
lands as a means of maintenance. To what extent has that been done? 

Mr. Leech. That is only in the case of the old people. There has 
been some sold where young people — that is, between the ages of 20 
and 30 — have no neans of improving the balance of their allotments. 

Representative Carter. You sell a part of it to improve the bal- 
ance ? 

Mr. Leech. Yes, sir. 

Representative Carter. How old do you mean a man must be when 
you say " old people " ? 

Mr. Leech. Oh, from (50 on. 

Representative Carter. When they get GO or over you then can sell 
their allotment for their maintenance? 

Mr. Leech. Yes, sir. 



490 YANKTON SIOUX AGENCY. 

Eepresentative Caijtei?. And those are the ones to wliom thismbney 
was paid, which you spoke of, from these sales? 

Mr. Leech. Yes, sir; the money is paid to a few that are imder 
that age I mentioned. He might be crippled or physically disabled 
in some way. 

Representative Carter. Strictly indigent? 

Mv. Leech. Yes, sir. 

Representative Carter. How do the Indians look upon the vchite 
doctor's medicine? How do they regard it? 

Mr. Leech. Our Indians regard that very much the same as white 
people. They have reached that i:)oint when they have faith in the 
Avhite man's treatment. 

. Representative Carter. Do they still have anv Indian doctors or 
medicine men? 

Mr. Leech. Not very many. There have been one or two that 
have tried to practice a little there, but not to any great extent. It 
does not interfere with us at all. 

Representative Carter. You spoke about there l)eing a large per- 
centage of tuberculosis on the reservation. 

Mr. Leech. Yes, sir. 

Representative Carter. And you said that you believed nothing 
whatever was being done for them. 

Mr. Leech. Not in a systematic way. that I would consider ef- 
fective. 

Representative Carter. Are they living right in the house with 
the other members of their families? 

Mr. Leech. ]Slany of them are: yes, sir. 

Representative Carter. What is the condition of the families? 

Mr. Leech. Some of them are in a condition that is poor, and 
some, of course, fair : others good. 

Representative Carter. Are their homes inspected by doctors and 
matrons ? 

Mr. Leech. We have no matrons. 

Representative Carter. You have no matrons at all? 

Mr. Leectt. I know we should have matrons, and I liave made a 
request two or three times. 

Representative Carter. What do you think about a matron being 
a trained nurse? 

Mr. Leech. I think wo shoidd have a matron at the agency, by all 
means, because we have a number of really old people living at the 
agency, a large percentage of them old women : and it is i^rettv hard 
for any other emiployee to ha\e any su])ervision over those liomes 
but a matron. 

Representative (\\rter. You did not answer my last question. 
What do you think about matrons being trained nurses? 

Mr. Leech. I think thv, , hould be. 

Representative C\\rter. You and the doctor at ]n'e-ent are not 
fatisfied with health conditions on the reservation, are you? 

Mr. Leech. No. sir. 

Representative Carter. You s])oke something alnnit there being 
j)rejudice against Indians attending white men's schools? 

Mr. I^EEcii. To some extent : yes. sir. 

Representative C.\rtet;. To what extent is that? 



YANKTON SIOUX AOENCV. 491 

.Mr. Lekch. In sonio dintricts tlieie is luit any. apparently. In 
other districts there seems to be quite a good deal. 

Kepresentative Cakter. To what do you attribute this prejudice, 
Mr. Leech? 

Mr. Leech, I know what some one told me. They said that the 
Indians were diseased, and they did not want their cliildren attend- 
ing schools and houses where these children were, where they had 
had trachoma, as the Indians had. 

Representative Carter. Is there any prejudice existing on account 
of the Indians not contributing their ])art in taxes, etc. '^ 

Mr. Leech. Yes. sir; there is some little. 

Representative Carter. Are these Indians tliat attend (he i)ul)lic 
schools usually mixed or full bloods? 

Mr. Leech. The majority of them are mixed hloods. 

Representative Carter. What ]ii'o])<)i'tion of the full blood-^ i-.t- 
tend ? 

Mr. Leech. I should judge not over one-fourth. 

Representative Carter. How about the enforciMuent of the li(iuor 
laws on the reservation? 

Mr. Leech. It is not as good as it should be. 

Representative Carter. What is wrong with it % 

Mr. Leech. We have one or tAvo towns adjoining us where there 
is very little difficnlty for an Indian to get liquor, and they do get it. 

Representative Car^r. Do you have any })r()secutions? 

Mr. Leech. Yes; we prosecute occasionally, but the difficulty is in 
getting the Indian to testify as to who he got his li<iuor from. 
When we find an Indian intoxicated, or when we find him with 
liquor, and bring him into the office and say, '"Where did you get 
this li([uor? " he will say. '' I got it from a white man. A white man 
gave it to me."" " Do you know v,ho he is? "" " No: I do not know." 
''Have you ever seen him before?"' "No: 1 lune never seeii him 
before.'" You can not get them to tell where tliey got it. They seem 
to go on the assumi)tion. I presume, that if we get the-e fellows away 
they can not get any more li(}uor. 

Representative Carter. What jjercentage of your Indians are 
wliiskv-drinking Indians ? 

Mr. Lee< n. The percentage is not very large, but the few (hat do 
drink nuike cjuite a lot of trouble. I [)resunie there are not o\er 10 
per cent. 

Representati\e Cai;ter. Did you .-ay you lia<l lisid no convictions 
whatever? 

Mr. Le:e( H. (>h. yes: we convicted several. Sc\eral are under 
indictment now. 

Representative Carter. Hut you are n(,t usually \ery successful? 

Mr. Leech. No, sir. 

Representative Carter. In whicli courts are you the most suc- 
cessful ? 

Mr. Leech. The Federal coui'ts. AVe do not try any ca^es of that 
kind in the State courts. 

Re])resentative Stephens. How many matroiH have you in your 
school ? 

Mr. Leech. We have a matron in charge of the girls and an as- 
sistant matron in charge of the boys. 



492 VAXF<TOX SIOUX AiiENCY. 

Representative Stephens. You stated, I believe, that these inalrons 
ought to he at the saiue time trained nurses: that it would l)e to the 
advantage of the service? 

Mr. Leech. Yes, sir; it would be better. What I had reference 
to, from the gentleman's questions, Avas field matrons. Is that what 
you meant i 

Representative Carter. Yes, sir. 

Representative Stephens. How many field matrons have you? 

Mr. Leech. We have not any. We "should have at least one field 
matron and she should be a trained nurse. 

Representative Stephens. I suppose it would be necessary for them 
to come under the Civil Service Commission to be trained nurses? 

Mr. Leech. Yes, sir. 

vSenator Lane. About this competency and incompetency. I want 
to find out from you how many Indians you have requested to have 
declared competent >.infe you have been tliere, if you remember? 

Mr. Leech. Two or three or four; someAvhere along there. 

Senator Lane. How many incompetents? 

Mr. Leech, I do not recall more than one. 

Senator Lane. How many competents on the reservation are 
there now ? 

Mr. Leech. More than half. I brought along a lot of papers that 
I wanted to take up in the office, here, and I have a little stuff here 
that probably would not bear on this investigation at all. If you 
would like to look over any of it. I would be very glad to have you 
do it. There is a list of the patents in fee that have been issued on 
our reservation, and the records of them. If you will notice that, 
you will see that cni- patents in fee lousiness has not l)een a success. 
That is one thing that I am opposed to — the granting of patents in 
fee to a great many of these people. 

The Chairman. Who prepared this statement? 

Mr. Leech. It wns taken from the records of our office. 

The Chairman. Do the records in your office show the language 
that appears on this statement? 

Mr. Leech. Oh, no. 

The Chairman. You have here: '"Lands sold and proceeds squan- 
dered:" What do you mean by that? 

Mr. Leech. That they liave nothing at all to show for their money. 

The Chairman. The lands have been sold and they have spent the 
proceeds ? 

Mr. Leech. Yes, sir. 

Senator Lane. You think that about half of them are competent? 

Mr. Leech. Yes, sir. 

Senator Lane. About how many Indians on that reservation are 
landless, who do not own land any more? 

Mr. Leech. You mean that, have none of their own land? 

Senator Lane. Yes. 

Mr. Leech. Y^ou see, most all of them have some inherited inter- 
ests; but I should judge that there are 18 or 20, perhaps 30, who have 
no land whatever. 

Senator Lane. They work for some one else for a living, do they? 

Mr. Leech. Yes. sir. A jrreat many of them have received pat- 
ents to part of their lands. That does not represent all of the land 



YANKTOX SIOUX AGENCY. 493 

that has been patented there. There are two hiuulred and some odd 
on that list there. 

Senator Lane, What is your appropriation ( 

Mr. Leech. $U,000. Can you gentlemen help me any? 

Senator Laxe. And your expenses were $18,000? 

Mr. Leech. Yes, sir; our salary list alone eats up nearly all of 
that; and if you can help us a little bit. T certainly would appreciate 
it very much. 

Senator Laxe. You have only $14.()()(): that is. vou oulv had $14,- 

000 last year i 

Mr. Lkech. For running our agency. 

Senator Laxe. That ^vas under the lua«iii\g of supi)ort and civi- 
lization ? 

j\Ir. Leech. Support of the Yankton Sioux. 

Senator Lane. That is independent of schcol expenses? 

Mr. Leech. Xo; that does not include that. I would like to .•sub- 
mit this statement to you. 

Senator Laxe. How much was paid out for their supports 

Mr. Leech. Our rations Avere issued. 

Senator Laxe. How much does that amount to in a year? 

Mr. Leech. Oh, probably a thousand dollars. I would like very 
much to have a couple of thousand dollars more. I think it would 
be money well appropriated. 

Senator Laxe. What would you do with it^ 

Mr. Leech. I would get me another farmer, for one thing. 

Senator Laxe. Do you think you will ever nuike farmers out of the 
Indians? 

Mr. Leech. That is the only salvation for t!i( se people. H' you 
can not nuike farmers out of them, you can not make anything. That 
is an agricultural country. 

The Chairmax. Touching the (jue^tion (;f competency, is it your 
idea that all the Indians on that reservatii.n. or practically all of 
them, should be kept under restriction^ !' 

Mv. Leech. Oh. no. 

The Chairmax. When do you think an Iiuliaii ought to be turned 
loose and permitted to control his own l)usiness. like a white man 
does ? 

Mr. Leech. Just as far as he can be so permitted. I should give 
him just as much liberty as can be given him without doing his fam- 
ily an injury. I would rather take chances of putting an Indian on 
the competent list than taking him oil'. I will say that if I had that 
Hero business to do over again, I would not liother the old num; I 
would let him go hungry and take the conse(|uences: but at the time 

1 thought that was the best thing to do for him. He had acknowl- 
edged that he had signed a receipt for money that he had not got, 
and I felt it was a benefit to the old man to collect his money where 
he could get it. But I have never taken off any other one that I re- 
member, and I would not, unless it be for drunkenness, or something 
like that. I think, in going over the list as stated a moment ago, 
with these 12 headmen of the tribe, we did decide that several ought 
to be taken off for drunkenness. I do feel that that makes a num 
incompetent. 

The Chairmax. Referring to the school again. Are those pupils 
in the boarding school troubled with vermin, commonly called lice? 



494 YANKTON SIOUX AGENCY. 

Mr. Lkkcii. Xot any move so than on any other reservation ; per- 
haps not as mnch as on some. I have never known an Indiiin board- 
ing school or a day school but what some pupil would come into that 
school at the beginning of the school year with vermin in his head. 

The CiiAiRjiAN. Do you know whether that is a common thing in 
the school there, for the pupils to be infested with vermin 't 

Mr. I^KEOH. In our schools? 

The C'liAiitMAN. Yes. 

ilr. Leech. No: it is not ccmnion. The niatrcn tells me that when 
they entered school tliis fall she found vermin in tlie heads of some 
of them. 

Senator Lane. On the head or body? 

Mr. Leech. On the head. 

Senator Lane. " Graybacks? '' 

Mr. Leech. I never heard of her finding any " graybacks."" I have 
heard of their finding '' graybacks " at the Rosebud Agency. 

Senator Lane. Do they have any difficulty in removing them? 

Mr. Leech. No. 

Senator Lane. What do you do for them? 

Mr. Leech. Comb their heads out. and the doctor mixes up a con- 
coction of fish berries, etc. 

Senator Lane. You tell the doctor when you go back there that he 
can get rid of them by just Avashing their heads in coal oil. 

Mr. Leech. Yes: vinegar will kill them. too. 

Senator Lane. Not like this. That kills off the eggs, too: and 
that fellow will not ha\e any more lice unless he gets them from 
somebody else. (Jive them a good dose of kerosene and it Avill drive 
them all out. 

Mr. Leech. When I used to be in day school at the Rosebud 
Agency a few years ago, we had quite a good deal of that to contend 
with, more so than in a boarding school, because the ]:)U]uls go home 
at night. We used to use ker(^sene there. 

The Chairman. Referring to that slaughter shop of Bailey's again. 
Was the offal of that slaughter house dumped into the river above 
the intake (.'f the water supply of the agency? 

Mr. Leech. The offal that would go into the river at all would go 
in u]) there. It st(!od away up above the agency, probably half a 
mile from the river. It was dry nearly all the time. I suppose in 
case of a big rain some of that Avashing might go down into the river, 
and if it did it would go into the rivei- ai)out half a mile above the 
water supply. 

Representative Carter. I Avant to ask a question about these pat- 
ents in fee. You say practically every one of the Indians has squan- 
dered his allotment ? 

Mr. Leech. Yes. sir. 

Rei)resentative C.aktek. Were those mostlv mixed bloods or full 
bloods ? 

Mr. Leech. Mostly mixed bloods. 

Rei)resentative Carter. Your idea is that those patents in fee 
should not have been issued to them? 

INIr. I^EECH. Yes. sir. 

Representative Carter. Are Ave ever going to get to the point Avhere 
we can give one a patent in fee Avith safety? 



YANKTON SIOUX AGENCY. 495 

]Mr. Lkixii. ()h, yes. 1 do iK t want you to undci^taiHl lliat I 
would not grant a patent in fee to any of those people. Pei-haps if 
I had been out there when these j^atents were issued I would have 
I'econiniended some of them myself. I have reconnnended a few 
patents since I have been there, and I have made a mistake a time or 
two in doing it. But you never can tell. There was one man that T 
felt sure would make good use of his land, and I recommended him 
for a i)atent in fee. Every dollar is gone to-day. He was a minister, 
a doctor in the church, and T thought lie undoubtedly knew enough 
to take care f;f it, but he did not. 

Representative Carter. When an Indian becomes educated and 
understands trading, what is the Government going to do with him, 
if it can not then give him a patent in fee? Is it any more than the 
same tritiingness that exists in a white man that causes him to dis- 
pose of his all(*tmeiits and let them get away from him. and the de- 
sire to spend money as the white man does, r*jther than any chai'ac- 
teristic of the Indian that brings it about? 

Mr. Leech. I think perhaps that enters into it largely. Quite a 
number of our people who received ])atents for their land and have 
squandered them have s(|uandered them through liquor. I can re- 
call — this all occurred prior to my time, but I am very familiar with 
it from hearing it talked over so much — I can recall a numl<ei' of 
them Avho, as soon as they got patents to the land, sold them, imme- 
diately went to Sioux City or to Yankton or some of those other 
towns there, and it was -one continual drunk until it was all gone. 

Representative Carter. If you let them sell the land they will have 
one big drunk and get over it. If you keep the land and lease il at 
different periods they string it out in little drunks. 

Mr. Leech. It is Yery hard on these people when the money is 
gone. I had a man by the name of Shunk. He patented all his land 
and sold it and got between five and six thousand dollars, and in <)0 
days he did not have a thing to show for it except a wooden leg. 

The Chairman. I think that is all the questions we have to ask 
you. Mr. Leech. AVe have gone into the mitter preity thor:>ughly, 
and we will adjourn at this time. 

(Whereupon, at 10.1.") oVloek p. m., an adjournment was taken.) 



MARCH 9, 1914. 

Joint ('()>imissi(»n -jo lNM;sri(;ATE Ixni.vN Affairs. 

Vi^(isliiii</t()n. I>. ('. 

TESTIMONY OF MR. SIMON ANTELOPE. 

Mr. Antelope and Mr. Alfred C. Smith were duly sworn by the 
chairman. 

The testimony of ]Mr. Antelope was interpreted by Mr. Joseph 
Estes. 

The Chairman. What is ^Ir. Antelope's full name? 

Mr. Estes. Simon Antelope. 

Tl/e Chairman. He is a representative of the tribe of Hlackfeet 
Indians? 



496 YANKTON SIOUX AGENCY. 

Mr. EsTES. Yankton Sioux Indians. 

The Chairman. Mr. Antelope, the conuni^-sion would be ver}' glad 
to hear any statement you desire to submit, and if there are matters 
that you especially desire to call to the attention of the commission, 
we shall be glad to have you state them. 

Mr. Antelope. There are two matters which I wish to present to 
your honorable commission at this time. The first is this: On the 
ITth day of last January the superintendent of the agency of which 
I am a member — the Yankton Sioux Reservation — posted up a notice 
calling a council. On that day — the 17th day of January — the In- 
dians of the Yankton Sioux Tribe gathered together, and I was 
present. I came there, not expecting that I should be elected a dele- 
gate to come here to represent them. I was the first man that was 
presented to the council, and I was elected a delegate to look after 
the business of their tribe. And this young man who is interpreting 
for me now, his name was presented to the council, and he was 
elected as a delegate. And there was a third party, who is not here, 
who was elected at the same time as a delegate, but he was unable to 
come. 

And, since I was elected a delegate, I have always, every day, 
thought what I could do to go to appear before the proper tribunals 
in Washington to benefit my people. And since I have been here 
I have always prayed every day to the Supreme Being to so open the 
minds of those that I should appear before to grant me the wishes 
that I should present to them. And it has been my fortune to-day, 
and I thank Ilim for permitting me, to appear before you gentlemen 
at this time with the opportunity to place before you certain matters. 

Since I have been here, the matter which has been in my mind 
uppermost is this: About 49 years ago the Great Father here in AVash- 
ington had gathered here in this city delegates and members from 
the different tribes on the reservations in the country. This was 
what I was told that he had said to them at that time — this was 
what I was told : When these delegates should appear before the 
Great Father at that time, he advised them to live together in peace, 
as they are all one blood, and to stop fighting, and to live together 
in peace. 

And it has its fulfillment now that all Indians in the country arc- 
living at peace; and whenever we meet one another we shake hands 
and be as one friend and tribe. There is no hard feeling between us. 
And I remember this instance since I have come to AVasliington at 
this time, when I meet here in the city members of the different 
tribes — Omahas, Crows, Blackfeet, and members of other tribes — - 
and they treated me as one of their own kind, and it made my heart 
glad. And I have felt encouraged since I have been told that there 
are Members in Congress and members of this committee who are of 
Indian descent, and it encouraged me to speak what I have to say. 
And that is what I have to say with reference to my thanks toward 
you gentlemen for giving me this opportunity to appear before you 
and say what I have to say. 

x\nd the second nuitter which I wish to mention is this: Among us 
Indians, among our tribes that I know, there are young men of white 
blood growing up among us. They know that they were raised 
among us and eaten what the Indians have eat, and clothed in what 
the Indians have to wear. They realize that if they have acquired 



YANKTON SIOUX AGENCY. 497 

education it is from the moiiev that is appropriated for the echioation 
of the Indians. 

And what 1 wish to say. that after they receive their education 
we look to them for help to iruidc and protect us in the ways of the 
white man. But when they attempt to stand up for us — it is from 
this city here, the officials that they have sent out amonjr us who are 
doing everything they can to put these educated mixed-blood Indians 
down because they are trying to protect us. And that seems to be 
their fate — these educated Indians. AVhen they are educated it 
seems to be their fate that these Government officials want to light 
them and try to ruin them and make them of no consequence to us for 
any special benefit. 

What I mean is this: AVhen these educated Indians try to stand up 
for their people with respect to any irregularities or any mistreat- 
ment that we have received at the hands of the agents or superin- 
tendents that you have sent out among us — the minute that they do 
that, that these educated Indians do that, he makes a report to the 
Office here in Washington, and they are blacklisted, and forever could 
not receive any favors whatever. 

These mixed bloods and these educated Indians — and I say to you, 
gentlemen, that the}^ have a hard row to travel, as I have described 
to you. 

You gentlemen, as I understand it, are appointed by the Congress 
here to look into, to investigate matters, the Indian affairs. Now, 
if we should appear before you and state to you some mistreatment 
that we have received at the hands of some of these officials that are 
sent out among us — if we should state to you and it should come to 
the ears of these superintendents and agents our treatment would be 
worse again. Shall we receive any protection from you? 

The Chairman. You may state any matters that you think ought 
to be called to our attention, and we shall try to see that you are 
treated right about it. 

Mr. Antelope. In reply to that, I have two young men here from 
my reservation. Mr. Smith has a good farm, and he has improved 
his farm, and has nice buildings, and supported himself and his chil- 
dren on that farm. If he sees any irregidarities, any mistreatment 
of the Indians, he calls attention' to that, and for that he has in- 
curred the displeasure of the agent, and he has sent in some unfavor- 
able reports, against him here at the Indian Office. 

The same way with this young man that is interpreting for me 
now. He has a fight to improve his farm, running the store there 
and trying to make a living and support his family, and just because 
he has called attention to some facts of the condition of aft'airs ex- 
isting among the Indians, why he has incurred the displeasure of the 
Indian agent there at our agency. 

Now, if what I have stated here, according to the treatment that 
my two boys here have received at the hands of the superintendents 
there, and "if this matter comes to the ears of the agent, will I be pro- 
tected from making such a statement ? 

The Chairman. Yes; you can make any statement here of fact that 
is within your knowledge. 

Senator Lane. He is talking about protection. How much pro- 
tection can you give him? We have failed in the past, you know. 
How much can we do in the future ? 



498 YANKTON SIOUX AGENCY. 

The Chairman. I could not answer that question, as you yourself 
know. I can only say to you that we will be ohid to receive any 
statement that you may make, and we will do our best to see that you 
are treated right. 

Mr. Antelope. As for me, I do not care what they may do to 
me, but I wish you would protect such young men as those who are 
trying to make an advancement and who are trying to protect our 
people. 

The Chairman. Go ahead and tell us anything you may have. 

Mr. Anteeope. The third matter which I wish to bring l)efore 
you is this: It has been 22 years since the Yankton Indians have 
become citizens and voters, and ever since we have become citizens 
and voters w^e have always, the majority of us, voted the Republican 
ticket. I am g( ing to tell just what I know to be facts, and if there 
are any members of the Republican Party here I hope I shall not 
offend them. [Laughter.] 

The Chairman. I wall say to you that there is no politics in this 
investigation. We are trying to do a duty that we find to be quite 
a difficult one, and I am sure that no member of this commission 
would want you to withhold anything on account of his politics or 
your politics, though it may be very bad. 

Mr. 2VNTELOPE. Ever since we have become voters diU'erent politi- 
cians, Senators, wdio have run for the Senate, and Representatives 
come to us and asked us to vote for them, and that they Avould do 
certain things for us; that they w( uld benefit us; that the party 
would benefit us; and they have promised us a whole lot of things 
which they have never fulfilled. 

And here not long ago these Indians gut to thinking of all the 
promises that these Republican candidates had given their promise 
that they would do for us, which they have never fulfilled, and we 
have come to realize that they have never fulfilled their promises 
to us. Now, let us try when the other party comes into power to see 
if they would do any good to us, if they would remedy any of the 
evils there which we have suffered under the Republican adminis- 
tration. 

The Chairman. AVe would be glad to have you state, Mr. Antelope, 
the particular matters which you think need correction, matters 
!hat you complain of, in detail, so that we may look into them fully. 

Mr. Antelope. It is about our land that I wish to state, that we 
have leased our land, and money that is derived from the leases, we 
never could get the full benefit of the lease money, that was dep( sited 
to our credit at the local office — the Indian office. 

This matter which I wish to explain is the matter of allowing these 
old Indians only $10 to $15 a month, and the agent knows himself 
that he can not subsist a Avhole month on $10 or $15 a month. The 
most that we can live is from a week to 10 days on this $10 to $15 a 
month. 

And there is another matter with regard to the leasing that I wish 
to mention, and that is as to the crop rentals. The renter sells our 
share of the crop and deposits the money at the office. We do not 
knoAv how much money we have placed to cur credit or anything 
about it at all. This "is the matter which has been troubing the 
Indians there at the Yankton Agency; that these rents, Avhich are 
paid into the agent's office, we do not know how much is deposited 



YANKTON SIOUX AGENCY. 499 

to our credit there, uiul we would lather. as to the crop leutals, 
sell our own share of the erop and so <>et the money and spend it as 
we know is best. 

And there is another phase of this matter which I wish to call 
your attention to, which is this leasing of the indivithud allotments 
by the superintendent without the knowledjje and consent of tlie 
allottee. 

The matter particularly to which I wish to call your attention is 
this, the case of Adam Hero, that I know myself pei-sonally. which 
involves the same as what I have told you before. Now, what I 
wish is this, that this lease money be turned over to us and not be 
held back. They can hold back the heirship and land-sale moneys 
as much as they want, and mistreat the people by giving them a little 
pittance of a few dollars a month and let them die off by starvation, 
but let use have the lease money at least. 

This matter of the leases is one of the things for which I was 
elected to come to Washington and present l)efore you the wishes of 
the people. There is another matter that does not belong to the 
department here, with regard to some fictitious allotments, and that 
is all I have to say. 

Representative Stephens. Ask liim whether he raised any crops 
on his own land, or whether he has any farm of his own. 

Mr. Antelope. I am tilling only just 25 or 20 acres. That is all I 
am able to Avork. 

Representative Stephens. Ask him if he raises any stock — cattle 
or hogs — to sell. 

Mr. A>iTEi.oPE. I have no cattle. I have some hogs, and I have 
horses. I am raising a few head of horses. 

Representative Stophens. Does the agent permit him to sell his 
own horses, his own hogs, or his own crops? 

Mr. Antelope. Yes. There never was any objection raised as to 
my s,elling any of the stock that I raised myself. 
The Chairman. Do you go to the agency much ? 
Mr. Antelope. I live about 1-t miles from the agency. Sometimes 
once a week I come to the agency, but not very often. 

The Chairman. Have you observed the conditions about the store- 
house and the butcher shop at the agency? 

Mr. Antelope. I noticed that right where the slaughterhouse was 
situated on the creek, at the mouth of that same creek, right above 
the intake to this cold-water su.pply, there is a dead horse lying there 
right in the water now. 

The Chairman. Do you visit the Indian school there? 
Mr. Antelope. When I had a child going to school there I used 
to visit Ihat school, l)ut I have no children attending that school 
now, so I do not visit. 

The Chairman. How long since he visited the school? 
Mr. Antelope. Abf)ut two years since I attended the school there. 
I am sending my children to" a mission school now— a Presbyterian 
mission school. 

The Chairman. Do you know whether or not Roy Bailey, ^yho 
runs a butcher shop there at the agency, is in the habit of keeping 
deer in his butcher sho]^ ? 

Mr. Antelope. Xo ; I do not. 



500 YANKTON SIOUX AGENCY. 

The Chairmax. What is the general feeling of the Indians on the 
Yankton Sioux Reservation toward Superintendent Leech? Do 
they get along well or bad? 

Mr. Antelope. The majority of them do not get along with him 
on account of his vindictive and revengeful habits. 

The Chairman. AVere you arrested when you started down here, 
or detained by anybody? 

Mr. EsTES. No; he was not arrested. He was not arrested, but 
he tried to stop him, but he was elected delegate, so he came away. 

Senator Lane. What did he try to stop him for? 

Mr. Antelope. He has had personal feelings against these two 
young men, and he thinks if I come along with them they will use me 
for a bad purpose against him. 

The Chairman. What has been the trouble between Mr. Smith 
and Mr. Estes and the superintendent, if you know ? 

Mr. Antelope. The reason that he has feeling against Mr. Smith 
is that Mr. Smith is fearless, and he always stands up for the rights 
of the people, and he goes into the office and calls attention to any 
mistakes or any irregularities, and he is not afraid to stand up for 
his people, and for that reason he does not like him. 

As to this young man (and he pointed to me), he appeared last 
winter before some of your committees in Congress here and made 
some statements with regard to conditions existing among our In- 
dians there which are true, but the agent has been down on him ever 
since. 

Senator Lane. I want to ask him if he can tell us about these ficti- 
tious allotments, how many there are, and if he can give any specific 
instance of them ? 

Mr. Antelope, All together, the fictitious allotments and the 
double allotments and relinquished allotments amount to about 4,000 
acres. 

Senator Lane. HoA^' could we locate that, and whore could -^c get 
the information? 

Mr. Estes. From the Indian Office, I think. 

Senator Lane. Could lie g-ive us a list of it, so we Avonld know 
where the land is? 

Mr. Estes. We could give it. 

Senator Lane. Tell him to do that. 

The Chairinian. Do you know the names of the parties alleged to 
be connected with these allotments that you referred to as fictitious? 

Mr. Antelope. I can not give you the names of the parties — ficti- 
tious names — offliand just now, but when I go back to my hotel I 
can give them to you later. 

The Chairman! If you will furnish them to my clerk I will take 
the matter up with the bureau myself. 

Senator Lane. We want to know in what way the lease money is 
used specifically so it does not benefit the Indians, and show where 
the authority exists for paying it and what the real law in relation 
to it is. 

Representative Stephens. His statement that he will file will show 
that. 

Senator Lane. What statement; with the agent? 

Representative Stephens. No; he will file his statement about the 
leases. 



YANKTON SJOUX AGENCY. 501 

Senator Lane. Have you asked him to do (hat ? 

Representative Stephexs. I understood the chairman to do so. 

Senator Lane. Xo: I think not. I think that ought to be done. 
He ought to file a statement calling attention to the Avrongful use of 
the lease money and how it should be applied if it were properly 
handled. 

]\Ir. EsTES. I can assist him in the statement, if you desire, Senator. 

Senator Lane. Now, I want to ask you what the percentage of 
disease is — of tuberculosis. 

Mr. EsTES. He sa3's there were at one time (juite a number of cases 
of tuberculosis, but manv of them died otL and there are a few cases 
still left. 

Senator Lane. How about trachoma — sore eye? 

Mr. Es'i-ES. Trachoma, or sore eye. is quite preva.lent among the 
membei's of the Yankton Tribe. He saj's, '* I have some sort of sore 
eves, but I attribute that to some stuff that I got on my head at one 
time." 

Senator Lane. AYhat is the general condition of the Indians? Are 
they prosperous ? 

Mr. EsTES. Last year the young men have tried to faru). but we 
have had a failure of crops there on our reservation. 

Senator Lane. Then the condition is not very prosperous? 

Mr. Pastes. Yes, He says our condition is very bad, in a very bad 
state, more especially the western part of our reservation. The 
people there are in a very deplorable condition. 

Senator Lane. How many successful farmers are there there? 
What proportion of the Indians are successful farmers on that res- 
ervation ? 

Mr. Estes. There are about 20 out of the tribe who are as good 
farmers as any white men on the reservation. 

Senator Lane. 'How many are there engaged in farming? How 
do the Indians make their living? 

Mr. EsTEs. Those I mentioned are the best farmers. The others 
farm on a small scale. 

Senator Lane. Is that pretty general — farming on a small scale — 
among the Indians? 

jNIr. Estes. Yes; generall}^ they farm on a small scale. 

Senator Lane. That is the way they make their living, is it not? 

Mr. EsTES. Yes. I have 450 acres which I am leasing to white 
renters. 

Senator Lane. They make some money then by renting their land ? 

INIr. EsTES. Yes. Our conditions Avould be better if we were al- 
lowed to lease our own land and take the lease mone3^ 

Senator Lane. What do jtju get an acre on the average for farm 
land when you lease it? 

]\Ir. Estes. The price is not uniform. Some are high and some 
are less. I leased most for $2.75 an acre last year for some portions 
of my land. The other part was crop rental, but we had a total 
failure. 

Senator Lane. Do you know about what they get for average 
lands there — about $2.75; is that the rate? 

Mr. Estes. $2.75— $2.50 to $3. 

Senator Lane. Mr. Smith desire to make a statement. 

35601— PT 5—14 4 



502 YANKTON SIOUX AGENCY. 

Mr. S:MiTir. It is; in ^vriting. I would like to read it to Mr. Ste- 
phens. 

Representative Sitiphens. It would be more satisfactory to file it; 
let us read it at our leisure. 

Mr. S:\rrriT. Mine are specific charges against the superintendent. 

Tlie Chairman. That is what we are particularly anxious to get. 
You have just one copy? 

Mr. Smith. I have copies at home. 

Mr. EsTES. I have a supplementary statement which I have pre- 
pared, Senator, Avhich I would like to present — supplementary to that 
November 3 statement that I presented to the commission. 

The Chairman. All right. We would be very glad to have you do 
that. If you can, make it so as to furnish each of us with a copy. I 
would like to have it. 

Representative Stephens. I should like very much to have one. 

The Chairman. Or I Avill have the copies made if you will furnish 
it to me. 

STATEMENT OF THOMAS L. SLOAN. 

Mr. Sloan. I have a case that I would like to present. 
The Chairman. To what does it relate? 
Mr. Sloan. To a fee patent. [Reading:] 

Department of the Interior, 
United States Indian Service, 
Yankton Indian Agency, Greenwood, 8. Dak., February 25, lOlI/. 
Mr. Charles F. Bowman, Wagner, 8. Dak. 

Dear Sir: This wUl inform you tlint a pjitent in fee hns been issued to you 
for 40 acres of your allotment". As this was issued with the recommendation 
that the land be sold through this office, I will hold the patent here until you 
get a purchaser for this land, and then you can have him come down to the 
office and the deed will be fixed out. 
Very respectfully. 

A. W. Leech, 8uperintendent. 

The superintendent attempted to get him to make a contract with 
deferred payments at the interest rate of 4 per cent. Mr. Bowman 
was able to go outside and make a sale and get a rate of 6 per cent 
on deferred payments, and he finally sold the land, and the agent in- 
sisted that he deposit the note and mortgage with him for the de- 
ferred payments. So this morning I went to the Indian Office to 
determine whether or not the patents had been submitted with any 
restrictions upon it, and I was informed there it was not the practice 
to make restrictions where fee patents w^ere issued. 

The Chairman. The very object of granting a fee patent makes 
such a practice repugnant, "it is inconceivable to me that the depart- 
ment would grant a fee patent and then authorize some one else to 
supervise the sale of the land. The object of granting a fee patent 
is to enable the Indian to sell the land himself. 

Mr. Sloan. The copy of letter of transmittal furnished by the 
Indian Office shows that the statement of Leech, superintendent of 
the Yankton School, is absolutely untrue; and he now improperly 
and illegally holds his note and mortgage, and I am informed that he 
is holding fee patents of other Indians in the same way. 

The Chairman. Have you any other statement that you want 
to make? 



YANKTON SIOUX AGENCY. 503 

Representative Stei'hkns. About how many other cases are there? 

Mr. Sloan. Three or four cases of the same kind. 

The Chairmak. Do you know the names of the parties? 

Mr. Sloan. Mrs. Keeler is one of them. 

The CriAiRMAN. Do you knoAv her initials? 

Mr. Sloan. Mrs. Charles Keeler, wns it? 

Mr. EsTEs. Minnie Hopkins Keeler. 

(The letter of transmittal submitted by Mr. Sloan is as follows:) 

DEl'AUrf.VENT OF THE INTERIOR, 

Office of Indian Affairs, 
Washington, February 20, 1914. 
Mi: A. W. Leech, 

Suiirrintendent Yankton Indian School. 
Sir: Fee patent No. 385535, issued February IG, 1914, in favor of Charles F. 
Bowman, Yankton allottee No. 1147. is transmitted licrewitli. Deliver the 
patent to the Indian entitled hereto and have him sijjn the attached receipt in 
duplicate. Forward the original to this office and retain the duplicate for your 
files. 

Very resiiectfully, 

John R. T. Reeves, 
Acting Chief Land DiviHon. 

TESTIMONY OF MR. ANTELOPE— Resumed. 

The Chairman. Have you a farm on some Indian lands and 
make hay on it? 

Mr. ANTELorE. Yes. 

The Chairman. Did anyone interfere with you in the use of that 
land last season. 

Mr. Antelope. T had a piece of hay land, and when the time of 
hay season came around I went down to see the superintendent and 
told him that I Avas going out there to that piece of land and cut 
the hay off of it. He says, " You don't need to bother me about that. 
You can go out there and take the hay off yourself without bother- 
ing me about it." He says, " Of cour.se, I know in the past I have 
always cut the hay off of it myself." I says, "I have learned 5^ou 
have been leasing Indian land without their knowledge and con- 
sent. I was afraid you might have leased it, and I did not know any- 
thing about ; that was the reason why T spoke to you about it," and 
he told me to not hurry the matter along about the cutting of the 
hay: but I told him that the hay was getting ripe pretty fact and T 
wanted to cut the hay soon, and he told me to go ahead and take 
the hay off the land, but not to let anybody else, not to lease it to 
anybody else, but take the hay myself. I went down to see him on 
Thursday, and Monday following I went and camped on the land 
with the intention of cutting hay, and I came there, and I was get- 
ting ready to cut the hay, and I started in cutting the hay. and a 
Vv^hite man came there and told me to stop cutting the hay: told me 
that this butcher at the town of Ravena had leased that land from 
the office at Yankton Agency, and that he has got a lease on it, and 
for that reason he told me to quit cutting hay, and I told him I had 
never leased it to anybody, that this is my land, and I am taking 
the hay off my land; and the man himself, the butcher of the town 
of Ravena, came out himself the next morning, and he said, " I have 
leased that land at the agent's office and have paid the agent $35." 



504 YANKTON SIOUX AGENCY. 

And he told me that he had phoned down to the superintendent. 
Leech, and Leech tokl him to come out and tell me to stop cutting 
the hay and not take any of the hay I had already cut. And I told 
him, I said, ''This land'is my own land," and I said, "If you have 
jjaid the agent $35 for some land, he may have leased you some land 
of his own.'' I said, " You had hetter go and ask him. He may be 
leasing you some land of his own. This is my land, and I am going 
to take the liay off of it." He went home and came back about noon 
again, and he told me that he had phoned down to Supt. Leech, and 
that Leech had phoned back and told him that he was going to send 
a policeman out and arrest me and take me down; and I told him, 
I says, " I don't mind it if they come and arrest me. I have not 
done anything wrong. This land is my own, and I am taking the 
hay off my own land, and if they are going to arrest me for that, I 
have not committed anything wrong that I know of, and I have not 
signed any lease wuth anybody for that land '" ; and I told him to 
go back and phone down to Supt. Leech and tell him to send his 
police out and arrest me if he was goin^ to arrest me for cutting hay 
off of my own land, and he came back m the evening again and told 
me that he had phoned down to the agent and told him him that he 
had known me for a good many years and he did not like to have 
any trouble with me, so that he had called the lease that he made 
with the agent off, so " You can go ahead and cut the hay off of 
your own land." And that is v.hat the agent had tried to do to me, 
but he did not succeed in leasing the land away from me. 

The Chairman. What was that butcher's name that claimed to 
have leased that land from the agent? 

Mr. Antelope. I can not pronounce his name. Mr. Smith may 
know his name. 

Mr. Smith. Mr. Hall. 

The Chairman. Do you know^ his initials? 

Mr. Smith. No, sir;! have forgotten. 

The Chairman. Do you know whether Mr. Leech paid him back 
the money he had paid on it? 

Mr. Antelope. I do not know for myself personally, but I was 
told by a mixed blood that for that money that he paid in the office 
that the agent had leased him some other Indian land, and that he 
had hired this mixed blood to go out and cut that land off. 

Senator Lane. Just like enoiigh the agent did not know anything 
about it, but just the butcher there. 

The Chairman. Did you ever talk to the agent about it, and ask 
him why he had presumed to lease your hay land to the butcher? 

Mr. Antolope. No; I never had a talk "with him since about it. 
I did not talk to the superintendent, but I talked to the interpreter 
at the office, and he told me all about it— all about the different phone 
messages that w^ere sent backward and f(n-ward between Leech and 
this butcher, so he must know all about it. 

The Chair:»ian. I wanted to ask you a question about the Adam 
Hero matter. You were on the competency commission, I believe, 
up there, were you not? 

Mr. Antelope. Yes ; I was. 

The Chairiman. Did yon have a conversation Avith Mr. Leech or 
hear one about the competency of Adam Hero, and was he asked 
why he had canceled his certificate of competency ? 



YAITKTON SIOUX AGENCY. 505 

Mr. ANn:LOPE. AVhcMi we wero passino- upon the competency of 
each of the members of these Yankton Indians, he came lo the r:ame 
of Adam Hero. Th.e agent took the book and said that this man, 
Adam Hero, nsed to be on the competent list, but that lie had taken 
him otf from the list and had put him on the noncompetent list, be- 
cause he did not know how to lease his own land, and he was asked 
by one of the members of the commission why he did not know hoAv 
to handle his lease, what was the reason; and tiie reason that Mr. 
Leech gave was that Adam Hero had beaten a white man ont of 
$25 more than he ought to have got, and that was the reason he was 
not competent, and I told INIr. Leech at that time that that showed 
that the man was competent. '* No," he says. " tlie agent said, further, 
he is tricky, and he ought not to be allowed to be ccunpetent : he is 
so tricky." 

(AVhereuiwn, at 5.35 o'clock p. m., the connnission stood adjourned 
to meet at the call of the chairman.) 



J. F. EsTEs's Exhibit A. 

CHAlRifAN OF C'Olt MISSION TO IXVKSTIGATK INDIAN AFFAIRS, 

WdfiJiiuffton. D. C. 

Dear Sir: I am oue-fourtli Indian blood and a member of the Sionx Tribe 
of Indians of the Yankton branch of Sontb Dakota. My father left my mother 
and I during infancy, and my mother then married a full-blood Sioux man, and 
I was raised an Indian in custom, habit, manner, language, and association. 
I did not learn to speak English until after I was grown. I was educated by 
the United States Government. I was a teacher in the Indian schools for 20 
years. With what I saved I purchased a store upon our reservation, made a 
home there, and entered into business with my people. I have been elected 
clerk of the circuit court for Charles Mix County. S. Dak., and served in that 
capacity. 

I was for three years official interpreter for the United States District Court 
for the district of South Dakota, Hon. .Tohn E. Carland, district judge, then 
presiding. Judge Carland is now a circuit judge with the Commerce Court of 
this city. 

In my business, in my relationship, in my acquaintance, and interests I come 
in iminediate and direct contact with my people, the Yankton Sioux Indians. 
They come to me for advice, help, to make complaint, and in all the affairs that 
affect their lives, and particularly those that come from the Government 
through the local agency. 

Having been for so long a time in the Indian school service, I observe and 
take an interest in the tribal school, and as many of the children who attend 
are relatives, I have special reason to observe and look after the administration. 

I desire to call your attention to some of the affairs ;i.t our agency which 
affect Dur people', tlieir health and general welfare, and to charge the same to a 
lax and poor administration. A. W. I.eech is the superintendent in charge. 

1. The meat and Hour at the school are kept in the same room and r.t times 
the meat is so foul and demmposed that the stench therefrom is awful. It has 
been so bad that bread mi'de from the Hour h;!s been affected. 

2. The water supply for the school and the agency is taken from the ilis- 
souri River by pumping; not Altered. During the winter a policeman, .loseph 
Nimrod, had "a horse and colt die. He dumped them into the river with a 
weight of stone, where they were held just oibove the intake to the iigency 
water supply and left there until about the first of June. Then, after numerous 
complaints were made', they were cut loose. This same man dumps his stable 
manure in the same place and complaints have been of no avail. 

.3. The foregoing are a menace to the health of the school as well as the adults 
living at the agency. The conditions at the school are bad. Many of the 
children lia\e bad eyes, evidently trachoma, and are neglected as to those 
effected and preventing the spread of the disease. That the children are dirty. 



506 YANKTON SIOUX AGENCY. 

lousy, and poorly clotlietl. They eoiuiJlaiu of the food and treatment. The 
Indians would not send their children to the school if they were not compelled 
to do so. The superintendent sends out the police after them and coerces 
others to send their children by withholding from them their rents and moneys 
due them from the Government. Often when the Indian children are attending 
the State district schools with white children they are required to give up and 
go to the agency school. This is to their detriment and causes them the loss of 
opportunity to be with English-speaking children and places them in unhealth- 
ful surroundings. It is a detriment to the children and the parents. 

4. There are three policemen kept at the Yankton Agency, S. Dak. They 
are under the direct orders of the superintendent, and they attempt to 
carry out his orders as directed as nearly as they can, and they do so without 
exercising any judgment. They are used to bring in children to school, and 
they do so' by exercising force or threats. 

That in March, 1912, the police, acting under the orders of the superintendent, 
arrested an Indian woman who had a sick child about 6 months old. She 
and the child were confined in a filthy, dirty, old, and cold building called a 
jail. It was very cold. It was zero weather or worse. She was without a 
bedstead, mattress, no fire, and the wind strong. She was without any attend- 
ance, and while so confined, during the night, the child died. She was unable 
to get out and unable to get word to anyone, and was left in that condition 
until late the next morning. The Indians provided for her as best they could, 
and made a collection to meet the funeral expenses of the child, but no help or 
assistance came from the superintendent. 

We allege that he is cruel, heartless, mean, arbitrary, and an unfit person to 
be placed over other persons. 

5. Old Indian men and women who have money on deposit subject to the 
check of the superintendent have gone cold, hungry, and starved to death be- 
cause of neglect and refusal to pay them their money or provide them with 
the necessaries of life. Some of these needy persons, during their need and 
helplessness, were required by the superintendent to subscribe $5 to a fair that 
he was promoting. » ,r,. 

One old woman, Ta-si-na-na-za-win, died of starvation during July of this 
year. She went to all those to whom she could apply at the agency and was 
refused any part of her money and refused all assistance. All she could find 
to eat was\'hoke cherries. Of these she ate to stay her hunger, as it was all 
that she could get, and died of acute indigestion. 

Mrs. Iron Whip, on December 10, 1912, died of cold, neglect, and starvation. 
Dr. Wise, the agency doctor, said, so it is reported, that when he arrived at 
her home she had nothing to eat; that there was no fuel in her house; and 
that no doubt Mrs. Iron Whip had died of starvation. This statement was 
made in the presence of several persons. There have been many who suffered 
■ in want of the bare necessities of life who had funds in charge of the super- 
intendent. , , , , • • 1 

We charge that such neglect is heartless and cruel and should be a criminal 
neglect if it is liot. ^ ^. ^^ , ,, 

6. Individual Indian funds are only subject to use by the Indian through the 
superintendent. Indians who purchased horses could only buy from certain 
favored persons and at prices in excess of the fair market value. An old 
Indian woman whose husband was sick and infirm needed a team for her and 
her husband to get about. The superintendent got them a team from Pete 
St Pierre. They were not only poor and lame, but wild. The old couple 
brought the team to the agent or superintendent and told him they did not 
want to be killed by the team, and that if his friend St. Pierre needed the 
money to let him keep it, but to give him back the team. After much trouble 
and expense to the old couple the team was taken back. Al. Smith, an Indian 
of the same tribe, had a good team which he offered to the people for the same 
price Thev took the team from Smith, but when the superintendent handed 
him the monev it was only $150. After Smith made a kick he gave him the 
additional .$lo'. The team was sold for the $1G0 with the knowledge an«l con- 
sent of the superintendent. Other instances can be cited wherein gross favor- 
itism is shown in buying horses. 

7 Farming lands of the Yankton Sioux Indians are worth $2..50 per acre. 
Some of these lands have been leased without the knowledge or consent of the 
Indians by the superintendent or his farmer. In colleeting the rents, many 



YANKTON SIOUX AGENCY. 50 7 

complain that they are 50 cents an acre short. They have no rijiht lo lease 
the lauds without the consent of the Indians. 

8. Roy Bailey is in the hutcher-shop husiuess at the agency. He has a large 
business wilh the Indians and has the favor of the agency office. He is spoken 
of among the people about the agency as the partner of the superintendent. 
That is the repuiation of his relation to the superintendent. He protects him in 
everything. 

This reputed partner of the superintendent, with another man, got drunk and 
assaulted and brutally beat an old Indian man. They were arrested by ihe 
superintendent, Leech, and fined .$5. The Indian complained to the superin- 
tendent, who required his reputed partner to apologize to the Indian, and said 
that settled it. 

Koy Bailey's brother told the superintendent that Roy kept beer at his store 
or butcher shop on tiie agency reserve. The superintendent threatened to 
summarily remove him from the reservation if he did not keep still about it. 

Indian Service employees are prohibited by law from having any interest 
in trade with Indians. The superintendent has admitted an interest. 

9. The Yankton Sioux Indians have been citizens for many years, exercising 
the right of frau(-hise, holding oilice, and boing subject to the civil and criminal 
laws of the State. They have been prosecuted and punished and imprisoned 
under the judicial autliority of the State. In view of all, the present superin- 
tendent claims the right and does imprison these citizens upon his own arbi- 
trary acts. He imprisons persons, claims the right to divorce such Indians 
and separate them, and divide their property and appropriate it to suit his 
wish in the matter. He is the direct cause of adultery and many other 
wrongs growing out of his arbitrary acts. He suggests that if Mi-s. Estes will 
obtain a divorce, he will recommend her for a license. 

He has ordered his policemen to interfere with families and directed the 
separation of husband and wife; has ordered husbands and fathers to keep 
away from their families, and has imprisoned those who ignored his orders. 

10. He is partial to an attorney named Caster. Allows him the privileges of 
the agency office, and directs Indians to him who would not go to hiin otherwise. 

11. That he asserts his personal ill will and spite against those whom he 
dislikes and seeks to injure them. 

He threatens Indians and others with jail sentences if tliey do not testify as 
he wants them to. This debauches them. 

12. That under his orders one (4e!^rge Black Owl was nrreslcd. Alrer his 
arrest at his home he was beaten and abused on the road from his liome to 
the jail so that he had a hemorrhage of the kidneys. These brutalities would 
not occur except under the direction of a man of thiit disposition. 

1,3. That the said superintendent refuses to permit the tribe to council over 
their affairs. That he arbitrarily interferes with our meetings, and pays no 
attention to suggestions from the tribe or Individuals. That he withholds 
money belonging" to individuals, refuses aid to the needy while having pos- 
session of tlleir funds, dictates the expenditure of the individu.-il moneys to 
the detriment and injury of many, and by favor to some and threats iiud abuse 
to others controls our affairs beyond what is right or just. That complaints 
made to the Indian Office are returned to the superintendent and he proceeds 
to punish those who complain. That inspectors who are sent out to investigate 
generally hear one side— that of the sujierintendent— nnd the reports th;>.t are 
made by him are held as confidential and access to them refused. They are 
sometimes absolutely false, and the Indian is discredited without knowing the 
cause and with no opportunity to reply. Confidential records itrevent justice 
to the Indian and cover up wrongs in the service, which an open and public 
record would in many instances correcrt. The victim of it all is the Indian. 

These are some of the things which most of tlie Indians suffer, and the Yank- 
ton Sioux suffer more particularly under the present agency administration. 
There can be no improvement in the Indian under such conditions. He can 
have no initiative, and there is no opportunity for him to make an effort. He 
is overpowered by force, fraud, deceit, that extends from one end of his service 
to the other. The Yankton Sioux need a change. They should he relieved of 
the supervision of a man who has no human sympnthy. who is interested 
more in trade with the Indians than their welfare through honest supervision 
of their affairs. 

^'ery respectfully. -, ^ „ 

J. F. KsTi;s. 



508 yajsj-kton SIOUX agency. 

STATEMENT OF T. L. SLOAN, SPECIAL AGENT FOR JOINT 
COMMISSION. 

Hou. Joe T. Robinson. 

-Clidirnian Joint Voiiimisisioii to /urcstit/atc Indian Affairs, 

Washington, D. C. 

Dear Hik : Actiiii; under authority granted me by your conmiittee. I proceeded 
to the Yiinkton .\fieni-y. S. Dak.. August 30. 1913. The said agency is about 13 
miles soutliwest from the railroad station Wagner, on the C. M. & St. P. 11. R. 
The reservation formerly exten.ded for 100 miles along the Missouri River in 
South Dakot;!. Tl'e lands were allotted to the Indians in vj-rying amounts, and 
what remained unallotted were opened to homesteads. 

There are l.TDO Indi.ins scittered over this length of territory and Iiack from 
the river for 20 and 30 miles. Many speak only the Sioux Indian hmguage. and 
they are lacking in experience and knowledge of the white man's ways. They 
and their l.-nids are largely under the sujservision of the superintendent in charge 
of the agency, but whose office is really designated as superintendent of the 
Indian school at Greenwood and in charge of the agency. The school at the 
agency has a capacity of r.bout 200. with a possible increa.se. as there is a new 
building in process of const ruction. 

A nunil)er of people live at the agency. Employees of the school and the 
agency office, traders and their emi)loyees. and many Indians and whites, en- 
gageil in various work. The following is a reiiort of the cases that I inquired 
into specially during a period of 10 days on the reservation and about the 
country : 

IN HE BUTCHER SHOP AT YANKTON AGENCY. 

Roy Railey. a licensed trader, is conducting ;\ i> iiclier shop at the Yankton 
Agency, Greenwood, S. Dak. On the 0th day of Si iicnihr]-, 1913. I inspected 
the slaughterhouse located on an Indian allotment adjoining the agency re- 
serve. It is a building about 12 feet by 16 feet, jiud high enough to suspend 
a beef from the apex of the roof. There was a floor of boards with a large 
hole in the center. At this place in tlie ground there was a depression with 
a ditch from it to the yard where hogs were kept. The depression was full 
of blood from the killing of beef the night before and other and older refuse. 
It was a mass of filth moving with maggots. From it maggots were crawling 
about the floor. The inside walls were smeared with blood and other refuse, 
and the stench was unl)earable. 

Hogs in the yard had access to this mess. It looked as if all the refuse was 
thrown to the hogs. The smaller hogs then in the yard could enter the building 
through the ditch and hole in the floor, and there were indications that they 
had done so. 

This is the killing i)]ace for the only butcher shop ;it the Yankton Agency 
for the supply of fresh meats to the Indians, employees, school, and others who 
live at the agency or who come there to trade. Statements were made to me 
that Sui)t. W. A. Leech had an interest in this business. 

The butcher. Roy Bailey, was a man of no means before the establishment 
of this business. He has a brother, E. B. Bailey, who has a license to trade at 
the same agency. Prior to Roy Bailey's ownership of the shop E. B. Bailey 
had done a butcher business in the wareroom of the Joseph F. Estes's store, 
and no objection was offered by Supt. Leech at that time, Imt later, when E. T?. 
Bailey wished to do a butcher business, he was informed by Supt. Leech that 
he could not run a shop at the agency so long as Roy P.;ii]ey was in the business. 
He also told him that he must no" talk so much, and that lie must not say any- 
thing about Roy Bailey keeping l)eer at his shop. 

Mr. E. B. Bailey said that in a long exiierience :s trader, fi-oiu ls^3 to date, 
that to require the i)rocurement of a license to trade with fndijuis was to their 
detriment. The cost and trouble of a bond of $10,000 and the getting a recom- 
mendation of agent in charge i)revented many good men entering the l)usiness. 
ft destroyed competition and allowed the agent in charge to favor certain ones. 

Wicham Totton. a farmer, living near the agency, together with Mr. Handley, 
offered to sell Roy Bailey soine steers. Ifoy said he could not buy them with- 
out consulting the other man. That he was furnishing the exjierience againstt 
the other man's money. That he would bring the other man out and look the 
cattle over. Soon thereafter Roy Bailey and Supt. W. A. Leech came out 
together and looked the steers over, talked o\er the prices, and finally offered 



YANKTON SIOUX AGENCY. 509 

3;;>S ])oi- lioiid for tlicin. WIkmi Mr. ']\itl(>!i ;MC(M>t('(i tlu- ot'lVr Koy Uniley snid, 
•'All riiiht wo will tiike tlioin." 

This is tli(> only hiilclu'r siiop : t the M.iicncy. It Is n rule of the Iiuiiiin 
Office that ;!ll Imllaii moneys are hold by tlio supoi'intendent. anil i)aid onl to 
ineoini»etents and the old iieople at the rate of $10 per month. They have 
to go to the agency to get it, and they, together with all others who trade at 
the agency, mnst hny their fresh nioats there. The shop is not neatly nor 
cleanly kept, but aside from a few bulls killed and sold in the shop lli(> 'cattle 
have been of a .good class. 

JN RE JAIL AND ]MPR1S0.\ M KNT OF INDIANS. 

On September G. IDlo. I went to the jail at (ireenwood. S. Dak. There were 
four men and two women confined there at the time. I asked the i)olicem;in, 
Joseph Ximrod. who was in charge, what the prisoners had done. He rei)lied 
that the men had brought liquor into the agency reservation, and that the 
women were held on charges of adnltry. I asked if they had a court of Indian 
offenses. He said, they did not. and that the Indians were held on the orders 
of the agent. Some of them had been two weeks or more. 

The men were confined in a small cell without the first sanitary necessi- 
ties. There were but two small windows. The we.ather reported :is 91)° in 
the shade, and it had been hot for a long time. There were two small holes 
in the door and I jjoered through the small openings into the cell. It was 
too small for the number of men in it, under the most favorable conditions, but 
the heat made it more iutolera.ble. No breeze could reach the men to purify 
the air. The stench was horrible I did not see the women as they were con- 
fined upstairs. 

The Yankton Indians have been citizens since 1891. and they are not under 
the law sub.iect to any such summary punishment. They were not only 
illegally imprisoned, but were held in a most horrible place ;ind under the most 
terrible insanitary conditions. The Indians who were confined there were six 
in number. The following are the names of five: Sam Baker. Charles Thunder 
Horse. Robert Medicine Horn, and Naomi Spirit Track. 

IN RE .lOlIN M. COOK. A WHITE MAN. 

This case is cited to show the length of arbitrary power exercised by Supt. 
W. A. I.eech. John M. Cook, a white man. was born in Germany of Cerman 
parents. He came to the United States in is,"»s. He enlisted in the Third Iowa 
Cavalry in ISC.l. and reinlisted in the same command. He came to South Dakota 
iu 18()S and married a full-blood Yankton Sioux woman. Fourteen children 
were born to them. -V daughter. Rose C. Cook, married a Cris. Fredrick, and 
soon thereafter dieil. Her allotment of 100 acres descended to her surviving 
father and husband in eqiial shares. They sold it through the office at the 
Yankton Agency for about $8,000. Mr. Cook applied for his share of the money. 
and was threatened that if he did not assign to one of his daughters he could not 
get it. He submitted under duress. He then got $2,500. and the agent is still hold- 
ing that which he assigned to his daughter and the balance. Mr. Cook is not 
a member of the tribe, not of Indian blood, and in no way under the supervision 
of the Indian Office. He is treated according to the rule ai)p]ying ft) incompe- 
tent Indians. The other heir, of part Indian blood, a member of the tribe, is 
given all his money without any restriction or limitation. Mr. Cook is an old 
soldier and a pensioner. He receives his pension check without trouble or re- 
striction. Mr. Cook says that the money has an interest-I)earing value to him 
which he does not get. rli.it the superintendent does get it. and that is the 
reason he withholds it from him. 

IN RE OLD INDIANS LANDS AND FUNDS. 

A number of old Indians live at the Yankton xVgency, where it is convenient 
for them to get the $10 a month which is paid them from their individual 
funds by the superintendent in charge. I saw an old woman on crutches who got 
along very slowly and who had to rest often. She came from a little house a 
half niile from the agency office. In the evening I went to her house to see her. 
She had gone. While returning from the agency office and the butcher shop 
she had fallen in a faint, and one party of Indians had taken her to her home, 
and another party had taken her to the home of some relatives. I saw her. 



610 YANKTON SIOUX AGENCY. 

She said. " 1 juu Sarah Bull. No. 2. I have $2, some crackers, ami that meat 
(pointing to four small strips of beef hanging in the sun to dry) to last me until 
next month. I came away from the agency once before, but a policeman came 
and made me go back. I can not live alone. I need help. When I ;im alone I 
am often hungry, thirsty, sick, and cold. Neither the agent, doctor, nor any of 
the employees come to see me, and I don't want to go back." 

Mrs. Brown Thunder, widow, lives on her deceased husband's allotment alone. 
She sold her deceased son's allotment to get some money, but could not get any. 
She then sold some of her own land, thinking she could get that, but she has 
been unable to get either. She has, or had prior to the sale, 200 acres which, 
with any kind of renting, should bring an income more than necessary for her 
needs. Her husband's allotment was rented with a good crop on it, and she 
did not know how it was leased — for cash or share of the grain. She said that 
she had not received payments since .January 1, except one the last of May. I 
doubled her story and made inquiry of the neighbors, who confirmed what she 
said. Told how she had gone from house to house for food and shelter, and 
that during the cold and snow they had taken her food and fuel. Some who 
did so divided a very scanty supply that they needed at home. I did not have 
time to run down the office record, Iiut I verified the lands she claimed by the 
patents in her possession. 

Edward Big Bear leased his land to have it broken and put into a. state of 
cultivation. The men who broke it went with him to the office to lease it and 
offered a rental of .$200 per annum. The superintendent would not allow him 
to lease it and he would not lease it. Big Bear is 57 years old, has four chil- 
dren and a wife. He is sick and in needy circumstances. He has lost the rent 
for two years. If the land is not cultivated, it will go back to .sod. 

Tliunder Horse, an old Indian, has the same experience. T drove through his 
land grown to weeds and asked why it was not farmed, and was told that the 
superintendent would not allow it to be leased. 

Adam Hero makes affidavit that an old Indian woman, Ta si na na za win, 
went to the subagency for money for food or an order for food. She could get 
neither. She was told at the time she could buy a team, as the authority was 
there for the use of sufficient of her money to buy a team. She had been with- 
out food some time. She ate a large quantity of chokecherries and died of 
acute indigestion. 

Peter Longfoot complains that he is 79 years old and his wife 68. The wife 
is blind, so that she has to be led about. That all they have is the money from 
the office to live upon. That when it is not paid them they have to live on the 
neighbors or go hungry. That he has been refused his payment for several 
months without any explanation. There were a number of such complaints, 
but as I did not have time to verify the essential facts T will not refer to them. 

IRON V.K\K AND WIFK. 

Iron Bear is a well-to-do Indian. Has a nice home, barnyards and sheds, 
and some stock. A fairly good crop. His wife has a large number of chickens, 
and there is every indication of comfort and thrift. His daughter attends the 
country district school with white children near by. A relative died, leaving 
two children— a boy and a girl — and he aided the widow and children. When 
the mother was on her deathbed, slie asked that he adopt the children. He did 
so in accordance with the South Dakota statutes. After earing for them some 
time the boy died, and the girl was sent to school at Phoenix. Ariz. He and his 
wife are very much attached to the girl, and she writes them. A year ago he 
was anxious' to have her come home for the vacation, and an attorney, G. M. 
Caster, who is favored by the superintendent, said that if Iron Bear would 
rai!-:e him $70 immediately he would get the girl liome for him. The girl was 
anxious to come for a visit. Iron Bear believed that the relationship between 
Attorney Caster and the superintendent was such that he would be most likely 
to get the superintendent's apiu-oval. So he sold a horse, at a sacrifice, to raise 
the money which he paid Mr. Caster. As far as Iron Bear can learn, he never 
attempted to do anything, and he could have attempted it for the vacation just 
past. Mr. Caster now refuses to do any thing further, and refuses to return 
the money or any part of it. 

Iron Bear and wife also complain about being required by the superintendent 
to go to this man G. W. Caster to make affidavits. He said that Joseph F. 
Estes complained that he and his wife had made affidavits against him, which 
were filed with the Commissioner of Indian Affairs. This they deny, and sub- 



YANKTON SIOUX AGENCY. 511 

niit their statements iuid (hat of the in(i>rpreter. The .-ifiidMvit of Cli.irles F. 
Pratt is in part along the same line. 

ADAM IIEHO LAND AND KEASKS. 

Adam Hero is a fnll-blood Indian about 60 years of age. He speaks a very 
little English and writes his name. He has been classed as a competent In- 
dian, which authorizes him to make leases for his land, hut upon blanks fur- 
nished by the Indian Ofhce and approved by the superintendent, and collect his 
rent as he chooses. In 1912 he made a lease for 160 acres of land for two years, 
1912 and 1913, to William Shaffer. He got from Shaffer a team at ^390, a 
horse at $120, and $100 cash. He was well satisfied with his transaction with 
Shaffer. During 1912 Shaffer moved to Minnesota and left the land under the 
control of his agents or employees to farm and pasture the land. There is a 
provision against subleasing in the printed forms of lease, and a forfeiture 
clause. I believe that there was an effort on the part of Shaffer to avoid the 
violation of this clause by taking cattle to pasture and employing men to farm 
the land. An adjoining farmer desired the land, both the pasture and farm 
land, and offered to lease from Shaffer, who refused him. This is J. E. McFar- 
land. who says that Harry Ilardman. an attorney residing at Lake Andes, 
S. Dak., told him that he could get him a lease for the land. That later Hard- 
man 'returning from the agency stopped at his place. He had blank forms of 
lease which he made up for $1 per acre for 40 acres of pasture, and $2.50 per 
acre for 120 acres of farm land, a total of $340. Hardman asked for $100 ad- 
vance on the rent. J. B. McFarland made out check to his brother, W. I. Mc- 
Farland for $100 and he paid the cash to Hardman. Later J. E. McFarland 
called up Hardman about the lease and was informed that there was trouble on 
account of a two-year lease approved to Shaffer. Hardman advised McFarland 
to wait and that he would fix it up later. Before this Hardman had paid the 
$100 to Adam Hero, but had gone to him and demanded the return of the money. 
Adam had spent $40 and could return only $60, which he did. 

Later Hardman told ^McFarland that he could arrange with the superin- 
tendent to declare Adam Hero incompetent, cancel the Shaffer lease, and then 
get a lease made to him. Some time thereafter Hardman returned from the 
agency and had with him leases written up for the land and said that the super- 
intendent had canceled the Shaffer lease, and placed Adam Hero on the in- 
competent list, so that the land could be controlled through the office and money 
also. Mr. J. E. McFarland then signed the leases and gave them to Hardman. 
Hardman then asked for some money to advance on the rent, and he gave 
Hardman a check for $115. This check was taken to W. I. ^McFarland who gave 
him another check for the same amount and which was cashed by Hardman. 
The lease called for a payment of $262.50 per annum, but the payments of $215 
made to Hardman in addition to the rent provided for by the lease made an 
excess of $60 more -than McFarland had agreed to pay. This lease was ap- 
proved by Supt. W. A. Leech and the rent for the year 1913 paid by J. E. Mc- 
Farland, and for which he holds the official receipt of W. A. Leech. 

After this lease was ai)proved William Shaffer came to Adam Hero and asked 
him to give up the team as the agent had canceled his lease. Hero refused and 
was then offered a check for a hundred dollars, but he still refused. He said, 
" I knew Shaffer was tricky, and I would not ti-ust him." A policeman came with 
him. I then went to the farmer in charge of the subagency. He, Mr. Benjamin, 
told me the agent wanted it fixed that way, and after some delay Mr. Benjamin 
took the $100 check and I gave up the team. Mr. Benjamin asked me to pay 
$30 that I owed to a wdiite man and let him take it out of the check. I asked 
him who the white man was, but he would not tell me. So I refused to pay it. 
The team that I gave back to Shaffer was better then than when I got them. 
I wanted to keep the team ; they were good, strong, fat. and gentle. Mr. Benja- 
min said he would get me as good a team. Now, I have my land leased for less 
than I leased it myself, and I can only get orders for goods that the agent's 
friends want to sell and not what my family and I need. My lease to Shaffer 
was for $330 and the new one through the agent is for $262.50. The rent due 
me from Shaffer for the year 1912 is $330. but when I was required by the 
agent to return the team and take a hundred dollars I only had $250 for the 
rent. Before I could get some things on credit and pay for them. Now, I have 
no credit, and I can not pay debts with the orders I get from the agency. 

The official reference to the lease is No. 746 Yankton Agency, allotment No. 
943; name, Adam Hero; land, south half of southwest quarter of section 5 and 



612 



YANKTON SIOUX AGENCY. 



north balf or northwest quarter of section 8, all in township 96, range G4 west 
principal meridian South Dakota. Receipt for rent, $262.50, is No. 44, March 8, 

The classifying of Adam Hero as incompetent and then defrauding him 
creates a criminal liability. The acts of Harry Hardman I do not think could 
have been consummated^ without the aid of some otficial or employee of the 
agency ofBce. 

I submit the affidavit of C. W. Ahrens that he and his friends could not get 
some hay land and were advised to pay something on the side. He paid to 
Mr. Ben.iamin, now farmer in charge of the subagency, $1.50, and that the 
other two men with him also paid something — he thinks about the same 
amount. I went after the other men, but they were away from home and I did 
not see them. I was promised, however, that their affidavits would be sent me. 

The Indians are scattered over a large territory. They fear the agent, who 
may stop payment of money, leasing of land, or other benefit. The white people 
Who rent land have the fear of being denied new leases and the necessity of 
moving. A system must be followed to develop some of the wrongs. 
Very respectfully. 

Thomas L. Sloan. Special Aoent. 

September 16, 1913. 

State of South Dakota, 

Charles Mix Countij. ss; 

Wickam Tolton, upon oath, states: I iini of lawful age and resident near 
Yankton Agency in South Dakota. Roy Bailey came up to buy a cow or cows. 
Hanley suggested that he buy the steers we had— that he biiy our bunch to- 
gether. Hanley wanted $40 per head for his. He came and looked at our 
stuff and said that he could not say just then, as he was furnishing the .iudg- 
ment on cattle and the other man was furnishing the money; that he did not 
Want to say until he saw his man. The next day Roy and Supt. W. A. Leech 
came out and they looked over the cattle and talked them over. Bailey and 
Leech were together when Bailey said, " We wnll give you $38 per head for your 
cattle." Mr. Hanley was present w^hen the statement was made, and he later 
sold his cattle to Bailey and Leech also. Lee Hanley spoke to me about the 
combination and what said very recently. It also seems that Leech will only 
allow leases made to specially favored persons, like Bailey and Houston. I 
recently leased 40 acres of hay from an old Indian, John Atana. sent the check 
to the office, where it was held, and finally returned, so that the Indian loses 
the rent and it is inconvenient for me. I think the injustice is to the Indian, 
Avho needs the rent. Since I have been denied the hay. Roy Bailey has asked to 
buy my cattle, saying he heard I was short of hay for them. It seems a part 
of their game. Bailey and Leech. 

Wickam (his x mark) Tolton. 

Witness : 

Thomas I>. Sloan. 

Signed and sworn to l)efore me September 12. 1912. 

[seal.] Josepli Estes. Notary PnhHc. 



Ed. B. Bailey states: I am 42 years old. I am a resident at (rreenwood, 
S. Dak. I have been among the Yankton Indians since the fall of 1883. Dur- 
ing rhat time I have been away for short periods. I have generally been in 
the mercantile business. I have a license at this time. There was a "period of 
time at Greenwood that none of the business men had licenses. I think the 
requirement of a license is a detriment to the Indians. I have a trader's 
license. Supt. Leech required of me that I handle no meat or do a butcher 
business as long as Roy Bailey was running a butcher shop at Greenwood. 

Given under my hand this 8th day of September. 1913. 

E. B. Bailey. 

Witness : 



State of South Dakota. 

County of Charles Miw, ss: 
George Abdella states: I am 43 years of age, and a resident of Charles 
Mix County. I was the butcher at Greenwood. S. Dak., and I sold out to Roy 



YANKTON SIOUX AGENCY. 513 

Bailey. Siiico Koy li;iilt>y li.-is run tlio luilchrr shop be has killed and sold iu 
the shop at <ireen\vood some bulls. 'riu> shop is not kept u]) to stnudai'd. 

While I was iu the shoii at (ireeuwood A. W. l.ei'ch otTered to lend nie 
money on my butcher stock. 

I have not bouiiht any meat at the Bailey shop, because couditions of the 
shop and slaus,'hterhouse are bad. 

I know that A. W. Leech, as superintendent of the Yankton Agency, has 
given orders to Indians foi- meat at the F.ailey butcher shop. 

Geo. Ahdixla, 

Signed and sworn to hel'ore me this Sth day of September, 1913. 

[SKAI. I .TosKiMi F. KsTES, yotdry I'ublic, 



State of South Dakota, 

Charles Mix County, ss: 
Charles F. Pratt, being first duly sworn, upon his oath deposes and says; 
I am of lawful age, a farmer, and a'resident near the Greenwood Agency, S. Dak. 
I reside upon land deeded to me, but within what was formerly the Yankton 
Indian Keservation. I have many Indian neighbors and do some business 
with them. I go to the Yankton Agency frequently and know many of the 
people there, including the employees. I have from time to time leased Indian 
lands or allotments. 

I was called to the agency office some time ago to meet an inspector of the 
Indian Service. I think his' name was Flanders. Roy Bailey and Elmer Eddy 
were there at the same time. I was asked about some beer that was brought 
to my place. There seemed a desire to have me say that it belonged to 
Joseph F. Estes. It did not. Roy Bailey and I made an election bet of a 
barrel of bottled beer. I won and Bailey brought me the beer to my place. 
He came with it in the auto belonging to Joseph F. Estes. It was intended 
that the beer should be drunk upon my premises. I so intended. 

I told the inspector that Joseph F. Estes had taken two bottles of beer ana 
put them iu his pocket, but I do not know that he carried it oft" with him. I 
do know that Roy Bailey took a large number of bottles with him. As he 
had furnished the beer and knew what he was doing, I did not object. 

Elmer Eddy and Roy Biiiley told what we had to say and it was taken 
down by a lady stenographer, and we were told to return in about an hour. 
We did' so. When I got back to the office the paper was laid on the table and 
I was shown where to sign. I did not read it and it was not read to me. 
I signed it. Mr. Leech was not present, and I did not swear to before him nor 
any other person. I was not sworn when I made the statement, and I did not 
at that time swear to it. 

Roy Bailev was asked about his rebition with Mr. Leech in the butcher 
shop 'or but'cher business, and after he talked with Mr. Flanders he was 
told by Mr. Flanders .iust what to say and how to say it. 

I w'as called as a witness before the Federal grand jury at Sioux Falls, 
S. Dak. I was approached by a man named Tom Ellroid, who w^anted me to 
say that Joseph F. Estes had taken a large number of bottles from my place 
when he left He told me that it had been fixed by Supt. Leech and Roy 
Bailey to show that Josejih F. Estes had taken a large number of botfles of 
beer 'from my place to the agency. He only took two bottles, and I do not 
know that he took them away from my place. Roy Bailey said the same 
thing to me, and further promised that Supt. Leech would give me immuniTy, 
and see that the United States attorney did not get after me. He tried to 
induce me to tell that kind of a story to the grand jury. I refused because it 
was not true. 

It is the general imiiression that Roy Bailey and Mr. Leech are in partner- 
ship in the butcher business. Roy Bailey told me that Mr. Leech would not 
let any other person run a shop while he was there. I have heard that INIr. 
Leech 'objected to other persons selling fresh meat. Bailey also told lue that 
Mr. Leecii had asked the Indian Office for authority to prohibit other traders 
sellins fresh beef. I believe they are in partnership in the business. Roy 
Bailey sells the beef to the school, to all the Indians who receive orders from 
the office, and know that beef has been delivered from his shop to the school. 

He has killed some bulls which have gone over the block in his shop. Roy 
Bailey has told me that the superintendent, Mr. Leech, would extend to him 



514 YANKTON SIOUX AGENCY. 

■everything that he could in maintnining an exchisive butcher business. It 
seems to me that he has done so. 

Charles F. Pratt. 

Signed and sworn to before me at Wheeler, this 12th day of September, 1913, 
by Charles F. Pratt, who at the time of swearing declared that he read the 
foregoing and that it was true. 

[SEAL.] W. E. ExoN, Notary PuNic. 



State of South Dakota, 

Charles Mix County, ss: 

John M. Cook, being first sworn, states : I am 71 years of age next month. 
1 was born in Germany of German parents. I came to the United States in the 
y^ear 1858. I enlisted in August, 1861, at Keokuk, Iowa, in the Third Iowa 
Cavalry, and reenlisted as u veteran in the same regiment. I came to this 
country— South Dakota— in 18GG. In 1868 I njarried Mary Wuryanwalle, a full- 
blood Yankton Sioux woman. We had 14 children. My daughter. Rose C. 
Cook, married Cris Fredrick. She died and left an allotment of 160 acres. 
Cris Fredrick and I sold the land as sole heirs. The probate determined we 
were the only heirs and we were so recognized by the Indian Office. Cris 
Fredrick is one-fourth or less Indian blood, and I have no Indian blood; was 
never adopted by the tribe and never recognized as a member. The land sold 
for about $8,600, of which I was entitled to half. Mr. Fredrick, who is part 
Indian and a member of the tribe, was told by Supt. Leech that he would give 
him all his money, but he would not give me my money. He also said he would 
not give me any money unless I assigned to my daughter. Eunice C. Fredrick, 
$1,000. I was forced to sign such an instrument at the demand of Supt. Leech. 
He gave me $2,500 and is still holding the other. Everything he has done in 
withholding my money has been against my will and only submitted to be- 
cause of his threat that I would get nothing if I did not yield to his demand. 
For the money, my money, that he has withheld from me, I have not gotten 
any interest. I receive my pension direct from the United States Government. 
I have never been confined in nor escaped from an insane asylum. I transact 
my own business, and I have never been declared incompetent by any tribunal. 
I am under no obligation to the Indian Office, and not in any way subject, that 
X know, to the supervision of Supt. A. W. Leech. I know of no reason why he 
should withhold my money from me. nor why the Indian Office should be 
bothered with keeping an account for me. I feel that Supt. Leech is using my 
money and that his holding it is some profit to him. I do not know of any 
other reason he could have for withholding it from me. The $2,500, which he 
held a long time, did not bring me any interest during the time it was withheld 
from me. 

John M. Cook. 

Signed and sworn to before me this 10th day of September, 1913. 

[seal.]' Joseph F. Estes, Notary Public. 



Frank Lambert states: I'm member of the Yankton Sioux Tribe of Indians 
and I live southwest of Lake Andes. Some time about the last of July of this 
year I was in the town of Lake Andes. Some time about the last of Julv of this 
year I was in the town of Lake Andes, S. Dak. Attorney G. iNI. Caster called 
me into his office to interpret between him and Iron Bear and his wife. Mr. 
Caster read a letter, which he said was from the Commissioner of Indian 
Affjiirs, at Washington, directing that Iron Bear and his wife give testimony 
against Joe Estes, one of the traders at Greenwood. S. Dak., and he wanted 
them to make an affidavit or affidavits against Joe Estes. He (Mr. Caster) 
read an affidavit which he said was made by Joe Nimrod, and which I in- 
terpreted to them. He then asked them to make similar affidavits or any 
statements that they could against Joe Estes. Thev said thev knew nothing 
of the kind and refused to sign anything. They wanted Joseph Nimrod pres- 
ent, as they knew nothing of the circumstances, and wanted to know why they 
had been called in the matter. 

I do not at this time remember that Mr. Caster said the letter was from the 
Commissioner of Indian Affairs', but I believe it was a proper inference, if he 
did not say so. They aslced :\ri-. Caster for fees and for something to eat for 



YANKTON SIOUX AGENCY. 515 

themselves ami team. Mr. Caster refused, s.iyint: that it was notliiiiy; to him, 
as Siipt. Leech h;ul sent them up aud they shouhl go to him for pay or what- 
ever they wanted. 

Signed Septemher 8, ]!»i:5. in Charles Mix County, S. Dak. 

Fk.KNK It. L.V.MIiKKT. 

Witnesses : 

Thomas L. Sloan, 
Henry Frederick. 



State of South Dakota, 

Charles Mix County, ss: 
Mrs. Iron Bear states: That Joseph Nimrod, policeman, came to our house 
and said the agent or superintendent had ordered them to go to Ijuke Andes 
and for them to report to Lawyer Caster. We went to Lake Andes and saw Mr. 
Caster. He asked us to sign some papers for him, telling the Commissioner ot 
Indian Affairs had written him a letter, telling them say what they knew 
against Joe Estes. He read us a paper he wanted us to sign. We did not 
know the things he wanted us to sign, so we refused. We did not sign any 
paper for Mr. Caster and we not swear to any paper that day nor at any other 
time. We never signed and swore to any paper, making any statement against 
Joe Estes. It was at Lawyer Caster's office at Lake Andes that he asked us 
to sign the paper. Frank Lambert was the interpreter for Mr. Caster and my 
husband and I. When we got through we asked Caster for our fees. He told 
us he would not pay anything; for us to go to Supt. I>eech, who sent us. We 
then asked for enough to feed our team and to get us something to eat. He 
refused us. It was a very hot day; hard on my husband and I and very hard 
on our team. We came back to the agency and my husband went to the office. 
I did not. 

Mrs. Ikon (her thumb mark) Bear. 
Witnesses : 

Thomas L. Sloan. 

Henry Frederick. 

Signed and sworn to before me September 8, 1913. 

[seal.] John F. Estes, 'Notary PtiMic. 



State of South Dakota, 

County of Charles Mix, ss: 
My name is Iron Bear. I am 64 years old. I am a member of the Yankton 
Sioux Tribe. My nephew, Caje Yadnani, calling him by the name as he walks, 
died leaving a widow and tsvo children. Before the death of the mother she 
expressed the desire that I adopt the children, and I did so and took care of 
them. Their names were Emma Caje and James Caje. The boy, after a long 
sickness, died. The girl, after being with me a long time, was sent to Phoenix 
(Ariz.) school. She has written me often, wishing to come home to see her 
relatives, and my wife and I are anxious to see her. Attorney G. M. Caster, 
of Lake Andes, S. Dak., said if I would furnish him $70 he would bring the 
girl home for vacation. I sold some horses to raise him the money. It is 
about a year ago. He has done nothing and says he will not, and he refuses 
to return the money or any part of it. 

Iron (his thumb mark) Bear. 

Signed and sworn to before me this 5th day of September, 1913. 

[seal.] Joseph F. Estes, Notary PuhUc. 



State of South Dakota, 

County of Charles Mix, ss: 
Iron Bear states: I am 64 years of age about, a Yankton Sioux Indian, and 
I reside about 5 miles northeast from Greenwood, the Yankton Agency. During 
the month of July, 1913, Joseph Nimrod, an Indian policeman, under the direc- 
tion of Supt. Leech, came to my home and directed that my wife and I be at 
Attorney Caster's office, at Lake Andes, by order of subpoena. He came about 
8 o'clock, and said we would have to be there at 9 o'clock. I got my team 
ready and hurried to I>ake Andes, about 20 miles. When I got there Mr. 



516 YANKTON SIOUX AGENCY. 

Caster told us tluit Siipt. Leech luid suIjiKciiaed us. He then read us a letter 
which he said was fruiu the Comuussioner of Indian Affairs at Washington] 
directing that we uiake statements against Joe Estes, at Greenwood, S. Dalv i 
and tlien read a paper with statements against Joe Estes that he wanted us 
to sign. As we did not know the things he wanted, we refused to sign. Frank 
Lambert was the interpreter for Attorney Caster and my wife and I. The 
things he wanted us to say were not known to us and not true, as far as we 
knew. AVe did not sign any paper for Mr. Caster nor any other person. We 
did not sweiir to any paper before Mr. Caster or any other person. We had 
driven our team hard and were tired and hungry and asked Mr. Caster for our 
fees. He refused us, and said that we had come at the order of Supt. Leech 
and he would not pay us. We asked for enougli to buy a me.-il and feed the 
team, all of which was refused. We came directly back to the agency and 
asked vSupt. Leech for fees or expenses for going to Lake Andes. This Supt. 
Leech refused to pay us. 

Supt. Leech said he would not pay us anything, that we would have to get 
our pay from Mr. Caster. I then told him I would not go for Mr. Caster again. 
Supt. Leech then told me if I did not go out to ]\rr. Caster's again as he directed 
he would put me in jail. I told him he could do so as I would not drive my 
team that way again, and that it was not right that I should drive my team 
without feed and my wife and I go hungry to do his bidding. When Supt. 
Leech spoke to me he appeared to be in manner and speech angry. He has 
not treated me right since then. 

This caused my wife and me to drive our team over 40 miles without feed 
and my wife and me to put in a long hot day on the road without food or pay. 

Iron (his thumb mark) Bear. 
Witness to mark : 

Thomas L. Sloan. 



State of South Dakota, 

Vounty of Charles Mix, ss: 

Sarah Bull, No. 2, states: I am about 83 years old. I am a Yankton Sioux 
Indian. I have been living at the agency reserve, about a half mile from the 
agency. I have a small house there where I have been living alone. I can not 
walk at all without crutches. I went to office (Aug. 6, 1913) to get my $10 
a month. I got it and asked superintendent to give me $20 of my money a 
month. He said I was like a child and that I did not take care of what I got. 
He refused to do anything more for me and told me to go and not bother him. 
After I bought some food I only had $2 left. On the way home I fell down and 
fainted. Charley La Plant and Susan Melette helped me home. I am so 
helpless that I could not stay there alone, so I have come to some friends. 
While I was at my house near the agency I was hungry many times. Some- 
times I had nothing to eat and could not get anything. Many times I was so 
crippled and sick that I could not get out, and I could do nothing. I never had 
any help from the agency, and I never had one of them come to see me, not 
even the doctor. Once before when I was sick I came to son's home so they 
could take care of me, the agency police came and ordered me back to my 
agency house. I was told at the agency office if I left my house they would 
stop paying me any more of my money. 

Sarah (her thumb mark) Bull No. 2. 

Signed and sworn to before me this 7th day of September, 1913. 

[seal] Joseph Estes, Notary Puhlic. 



State of South Dakota, 

County of Charles Mix. ss: 
Toie waste win, or Mrs. Brown Thunder, states : I am about 80 years of age. 
I am a Yankton Sioux and I belong to the Greenwood Agency. I am a widow, 
I had nine children, all are dead. I am living on my deceased husband's 
allotment. My house is small and cold. I am alone. The hail two or three 
years ago broke two of the window glasses. I have not been able to put them 
in and it is much colder in the winter. I sold IGO acres of my deceased son's 
land, the money is or was at the agency. I have had no money since January, 
1913. They said at the office I could not get any rent until next spring, and 
I have nothing to live on during the winter. I am so old I may be dead next 
spring. I have no order on any of the stores since last January. I beg 



YANKTON SIOUX AGENCY. 517 

soinelhiuj; to o;i1 fiMiu William Ht'au. I sold !>(iiiie of my deceased son's laud 
so I could get some of the money. I soon found (hat 1 conld get nothing from 
the sale of that laud, so I sold some of my own and now I can get nothing from 
either. I went to the agency yesterday and they told I could get nothing. I 
came home crying for something to eat. They would not tell me wheu I 
could get something. 

Ton: WASTE WIN, or 

Mrs. Hkown (her thumb mark) Tiiundku. 

Signed and sworn to before me Sei>tend)er 7, 1013. 

[SKAL.J Joseph F. Estes, Notunj I'lihliv. 



State of South Dakota. 

County of Vliarlcs Mid. ss: 

William Beau states: 1 am a Yankton Sioux Indian and I live near Mrs. 
IJrowu Thunder. During the iiast winter she often came to my house cold 
aud hungry. She had nothing to eat and nothiug to keep warm. I believe she 
would ha^■e starved had we not helped her. When the weather and roads wex'e 
bad we took her food and fuel. She has land and money from the sale of 
land, but seems unable to get money for food. 

William (his thumb mark) Beau. 

Signed and sworn to before me this 7th day of September, 1913. 

LsEAL.] ■ Joseph F. Estes, \otary Public. 



St.\te of South Dakota, 

diaries Mix County, ss.' 

Adam Hero, being first sworn, states: 1 am a Yankton Sioux, belonging to the 
Greenwood Agency. In the month of July, 1913, an old Indian woman, Ta- 
sennazawm. went to the agency aud asked for her money, the sum of .$10 per 
month which was due her, and she went to Mr. Benjamin for something to 
eat, or an order for it. He refused to give her anything, but told her there 
was authority for her to buy a team and fur her to look for one. She was 
without food of any kind. She went from the subagency aud ate chokecher- 
ries, which was all she could find. She died of acute indigestion, brought on 
by hunger and the kind of food she ate. There was no one with her when she 
died. 

Adam Hero. 

Witness : 

Thomas Iv. Sloan. 

Signed in my presence and sworn to before me this 9th day of September, 1913. 
[seal.] Joseph F. Estes. Notary Public. 



State of South Dakota, 

County of Charles Mi jo, ss: 

Edward Big Bear states: I am 57 years of age [tast. 1 have a wife and 
two children, 4 and 1 year of age. I am living ab;)ut 3 miles northe;;st of 
Greenwood, S. Dak. I have only a small patch of crop this year, because I 
was sick last spring. I have 80 acres, the allotment of my deceased daughter, 
Emma Big Bear. Twice, last year and this year, I took a white man to the 
office to lease this land. I could have gotten $200 for it each year. The super- 
intendent. Leech, refused to allow me to lease it. and said that he would lease 
it for me. It has now lain idle for two years, and this year, on account of my 
sickness, I am in needy circumstances. The rent from this land w >nld have 
made my family comfortable, and now we are in need. 

There were two white men who would have leased this land from me. 'I'hey 
had broken it up and used it three years for breaking it, ;ind when I could 
have gotten something from it the superintendent prevented and refused to lease 
it to these men or any others. If the land is not farmed, it will go back to sod. 

Edward Big (his thumb mark) Bear. 

Witness to mark : 

Thomas L. Sloan. 

Signed and sworn before me this 6th day of September, 1913. 
[seal.] Joseph F. Estes, Notari/ Public. 

3.5G01— PT 5—14 5 



518 YANKTON SIOUX AGENCY. 

State of South Dakota, 

Charles Mix County, ss: 
Ape-sua-wui states?: I am a Yankton Sioux, 47 years old. I can only see out 
of one eye a little. The agency doctor has never done anything for me. I am 
living on my father's laud. I have this small log house, one window, no floor, 
and dirt roof, 10 feet by 12 feet, 6i feet high. I have two girls about 12 and 
17 years of age. My husband is named Walter De Roude, 49 year.s. He is not 
well and has trouble with his legs. He can not do much. I have 120 acres of 
land. It is leased aud broke up for farming and is east of Lake Andes. The 
rent goes to the office at Lake Andes. The rent amounts to $340 per year. I 
never got any money. All I can get is orders on the stores at Lake Andes. 
Benjamin, subfarmer, gave me the orders. We got a wagon and other things 
for farniiug until they said the money was gone. We have a team, one old 
horse, and that is good. My husband was only able to do a little work. He 
farmed a small piece of land to corn. The crop will not make much. He cul- 
tivated three times. The office took $80 of my rent to pay the funeral expenses 
of my deceased husband. Four Star, aud I have not been able to get anything 
from his land. It is more than three years ago. IMy husband and I are poor, 
sick, aud needy. We have nothing on which to live during the coming winter. 

Mrs. Walted De (her thumb mark) Ronde. 

Ape-sna-wui. 

Signed and sworn to before me September 9, 1913. 

[seal.] .Toskph F. Estes. Xofdll/ Pllhlir. 



State of South Dakota, 

County of Charles Mix, ss: 

Peter Longfoot states: I am 79 years old past. I am a Yankton Sioux In- 
dian, of Greenwood, S. Dak. I live about 15 miles east from the agency. My 
wife's name is Julia Good Road. She is 68 years old. My wife has bad eyes, 
so that she needs help to get about. 

Last spring in the month of April I went to visit the Omaha Indians. AVhen I 
came back my wife and I went to the agency to get our $10 due us each for 
that month. They refused both, and were without anything to eat but corn. 
That was all we had to eat while we were home. When we got very hungry 
we went to our relatives and neighbors for something to eat. 

This money with the superintendent which is paid my wife and I each month 
is all we have to live on, aud when we do not get it we suffer and go hungry 
for some part of the time. 

Peter (his thumb mark) Longfoot. 

Witness to mark: 
Thos. L. Sloan. 

Signed and sworn before me this C.th day of September, 1913. 

[seal.] Joseph F. Estes, 'Notary Piihlic. 



State of South Dakota, 

Charles Mix County, ss: 
Hon a hou pi win states: I am past 70 years of age, a Yankton Sioux. I live 
now south of Lake Andes. I used to get $15 a month, my share of the tribal 
fund. Now I only get $10 a month, and I often go hungry. I have SO acres 
of land. I don't know how it is leased, as the agent leases it to a white man. 
He takes the rent to the agency. I dgn't know from what I get the $10 a 
month now. But is not enough for me as I am a widow and without help. I 
would like to know about it. I get my monthly payments from farmer Ben- 
jamin. 

Hon a Hon pi (her thumb mark) Win. 

Signed and sworn to before me this 9th day of September, 1913. 

rsEAL.l Joseph F. Estes. Notary Public. 



State of South Dakota, 

Charles Mix County, ss: 
John E. McFarland, being first duly sworn, upon his oath says: I am a resi- 
dent upon the land of my brother, 5 miles east of the town "of Lake Andes, 



YANKTON SIOUX AGENCY. 519 

S. Dak. DnriiiK the yoar 1!H2 I trii'd to lease from William SlialTcr the 40 
acres of pasture laud that lu^ had leased froui Adaui Hero. He wauted .$2 an 
acre of it. I would uot i)a.v that uiucli. lu the spring of 11M2 William Shaffer 
weut to Minnesota, and Mr. Soat and Fred Xauswiuj^er had this laud and used 
it, and Mr. Soat farmed the rest of the Adam Hero allotment, althouf,'h he had 
some others farm a part of it. Mr. GilrtMth. of the ^'alley State Bank of Lake 
Andes, S. Dak., looked after the jrrain from the Adam Hero land under lease 
to Mr. Shaffer. There was 2,200 bushels of wheat raised on SO acres of the 
Adam Hero land. Wheat was worth at that time 77 cents per bushel. That 
was what I ^'ot for mine, and wheat on the Adam Hero land was Ix'tter tlian 
mine. 

In Sei)ten!ber, i;n2, Harry Hardmau came to my place and said he could 
get tlie Adam Hero laud for nie. He had Just come from the agency, he said, 
and had leases with him from tlie agency, and said that tlie agent told him to 
make u]) the lease for me. He sat down in my house and made up the lea.se 
at $1 per acre for 40 acres of i)asture. and .'f2.r)0 per acre for the farm land at 
a total of .$o4<) per annum. I signed the leases and gave him $100 to i)ay on the 
rent, I had no money at the time, so I gave my brother. William 1, McFarhmd, 
my check for .$l()(t. for whieli he gave me the c:;sh and paid it to Harry 
Hardmau. 

Some time after I paid this money to Harry Hardmau. Adam Hero came to 
my house and wanted some money on his lease. All the copies of leases which 
I signed before Harry Hardmau I delivered to him. So I did not have auy 
lease when Adam Hero came. I then called up Hardmau and asked him about 
it, and told him I had no money to pay Adam Hero, and that I had given him 
(Hardmau) the advance rent. He told me to send Adam Hero up to him. and 
I did so. Later he told me he had paid Adam Hero the $100. After waiting 
some time about the lease I called up Harry Hardmau over the phone, and he 
told me there was troul)le over the Shaffer lease and that it would have to be 
canceled first, and yon wait and I thin.k it will pan out all right. I have had 
a talk with the agent. Mr. Leech, and we are going to put him (Adam Hero) 
on the incompetent list. 

Later LLirry Hardmau came to my ])];ice, returning from the agency at Green- 
wood, S. Dak. He had with him the leases which I signed. He then told me 
he had seen the agent at Greenwood and that Adam Hero had been i)laced by 
the agent on the incompetent list and he could now fix up the leases. I signed 
the leases at that time; that is. one lease, but made up in quadruplicate. 
Harry Hardmau came alone in an auto. The lease is for "Yankton allotment 
No. 943 " Lease 746 for south half of southwest quarter of section 5 and north 
half of northwest quarter of section S, all in township 96, range 64 west, fiftli 
principal meridian. South Dakota, 100 acres from March 1. 1913, to March 1. 
1915. at $262.50 per annum payable March 1 of each year. 

I have receipt No. 44. .March S, 1913, for $262.50. allotment No, 943. lease 
No. 746, signed A. W. Leech. United States Indian agent. The signature is 
written with ])en and ink and not stamped. At the time of making up the 
lease and while Harry Hardmau was at the hor.se, I gave him a check for 
$115. The check wiis cashed by my brother, William I, McFarland, at Wagner. 
Hariy Hardmau told me to give him a che>-k for $115 on the rent. Then I 
looked at my lease and found that with the $215 I had p:ud Harry Hardman, 
and the $262.50 per annum it amounted to $60 more thi'.n the first lease I had 
made up for $1 per acre for the pasture and the $2.50 per acre for the 120 
acres. As I realized this I said to Hairy Hardmau. "who is to p;iy you for 
your trouble." He said, " I will get it out of this." referring to the check that 
i had given him for $115, Both of the checks I gave him were paid by me 
as rent, and in each instance Harry Hardmau acce]jted it as rent to be paid 
to the Indian : in fact he asked for it as advance rent, I thought, and I ex- 
pected to pay Harry Hardman for getting the lease foi me, but when I found 
that I had paid to him $215 on advance rent, and I had to pay the oflice $525, 
which was $60 more than the first lease made, I did not feel that I was treated 
right and I also doubted the proiiriety of paying to him the $215. When Hard- 
man told me he would get his pay out of the check I concluded he was work- 
ing for some one else in the matter and not for me. and that I ought not pay 
anything to him for what was done for me in the matter. Hardmau also told 
me that Adam Hero had paid back to him $60 of the $100. My brother, William 
I. McFarland, got notice from the Indian school. Greenwood Agency, to pay 
the rent called for by the lease into the office. I sent it and got the receipt I 
have returned to me by mail. The checks for the $215 that I gave to Harry 



620 YANKTON SIOUX AGENCY. 

Hardman were drawn on the Commercial State P.ank at Wagner, S. Dak. :My 
brother has one check and the hank has the other. 

J. E. McFaki.and. 

Signed in niv presence and sworn to before me lliis 10th (iay of September, 
1913. 

ISKAi.. 1 JosKi'ii l'\ EsTES, Xotai)/ I'lihlic. 



Statk of South Dakota, 

Vharles Mir Vdnuty. .s-.s.' 

Adam Hero, being sworn on his oath, says: 1 am a Yankton Sionx, of Green- 
wood (S. Dak.) Agency. I am about 60 years old. I have my home south of 
Lake Andes. I leased my allotment to WiHi;im Sh.-iffer, and this would be his 
last year. I made the lerise to Shaffer myself. I got a team on the lease 
from Shaffer. Then another horse, making three horses; the team for $390 
and the horse for $120. Then I got $30 in casli ; the total being $540. The 
rent was $3."0 a yeai-. This lease was approved by the agent: Shaffer had the 
use of the land last year, 1912. It was )nade ;it the rate of $2.50 per acre for 
120 acres and 75 cents per acre for 40 acres. Last year, in September, 1912, 
Harry Hardman, here in Lake Andes, asked me for the Shalfer lease. He 
asked for it twice and then said he wanted to write to Shaffer. So I gave it 
to him. The next thing heard was that the agent or Supt. Leech had 
leased my land to some one else. I did I'.ot know what he had done; I 
.I'ust heard it. About that time I was in Harry Hardman's otfice and I saw ray 
lease to Shaffer, and I took it and put it in my pocket. Harry told me that 
the superintendent. Leech, wanted the lease, and that he would have to send it 
to him. So I gave it back to him. Just about that time, when I heard that 
Supt. Leech had leased my land to Mr. McFarland, I went to him and asked 
for some money. He said he had paid Harry Hardman $100 for me. and he 
called Hardman up on the phone and he told me to come to town and he would 
pay me. I went to town. Lake Andes, and Hardm.an paid me $100. Not long 
after Hardman called me in and said he had to have the $100 back. I onlv 
had $G0 left and I gave that back to him. 

About tins time Mr. Shaffer came to my house with the ijoliceman, Joe 
Gassman, at the subagency at Lake Andes. Joe (ias.sman interpreted for Mr. 
Shaffer. Mr. Shaffer said that Supt. Leech had taken the laud away from 
him and he wanted the team back. I knew that Mr. Shaffer was tricky, so 
when he offered me a check for $100 I would not take it, and would not give 
up the team. So we went to Mr. Ben.iamin, the farmer, at Lake Andes. He 
said to me that the superintendent, Mr. Leech, wanted me to give :Mr. Shaffer 
the team and take the money. That was, lie said, what Supt. Leech wanted. 
At this statement by Mr. Benjamin, that he and the superintendent, Mr. Leech, 
wanted it done that way I thought I had to do so. When Beujauun saw the 
team he said they were a fine team and in good shape; that he would see I got 
as good a team. The team was young and in better shape when tliey were 
taken from me than when I got them. Mr. Shaffer took the team and left $100 
with Mr. Beujauun. Shaffer had the land for one year. So when he took 
the te:im l>ack by the superintendent's direction only had for mv rent of $330, 
one horse at $ll.'0. $30 cash paid me by Mr. Shaffer, and $100' left with Mr. 
Benjamin, or $250 instead of the $330. 

Besides that, the team I lost was worth more when they .took them than 
when I got them. In doing this, the superintendent, Mr. Leech; the farmer, 
Mr. Benjamin ; and Mr. Hardman were working against me and for the white 
man, Mr. Shaffer. Besides all this, Mr. Benjamin asked me to pay him $30 
for a white man. He asked me twice and more times, and would not tell who 
the white man was. 

Before this I was on the competent list, and made my own lease, collected 
my rent from the renter, and I bought what I wanted or needed. I had 
rented my land for $330 a year. Now the superintendent, jNIr. Leech, with the 
help of others, leases it for $262.50. My land is worth more than $300 rent a 
year, and Supt. Leech is stealing a part of my rent, or heli)ing some one else 
to steal it. The man on my land tells me he has paid out more money for rent 
of my land than is called for by the lease and than he has paid into the 
office. 

The work of Supt. Leech brings me less rent, and the settlement he makes 
for me takes from me my property, with no payment of my lease as I contracted 
it. Now I have to take orders on stores for the things the superintendent's 
friends or storekeepers want to sell. I can not get what I or my family need. 



YANKTON SIOUX AGENCY. 521 

I have been lensinic my laiitl fur years. I have never had any trouble with 
my renters. I always t^ot my rent. I knew what I needed, and I always 
used my best judgment as to what I should do. I liave always had a creciit 
with the stores for a reasonable amoimt when I needed it. During sickness or 
other necessity I could go to my renter and get some advance, and when I got 
my rent I could pay my debts. Now I have no credit. I can only get orders, 
and they do not pay debts. My lease made by Supt. Leech brings me less 
money, so that I am poorer. I feel that much has been taken from me, and 
that I am not treated right. I have a home, a wife, and a son. I have a mar- 
ried daughter whom I raised. I have cared for all, but do not know now what 
to do if the superintendent can tak-e from me anything he wishes. I signed 
the last lease at Hardman's office. He had it. 

Adam Hero. 

Witnesses : 

Henry Frederick, 
Thomas L. Sloan. 

Signed and sworn to before me this !)th day of September, IdlP,. 

[SEAL.I Joseph F. Estes. Nat dry Public. 

Wagner, S. Dak., January 7, 1913. 
The I-'iKST State Bank. 

Pay to Harry Hjirdman or order .$115.00 (one hundred fifteen dollars). 

W. T. McFarland. 

(Indor.^ements :) 

Harry Hardman. 

Pay to the order of any baidc or banker. Lakeside State Bank. T^ake Andes, 
S. D. A. Anumdson, president. 

Pav to the order of any bank or banker. Previous endorsements guaranteed. 
.Jan. io. 101.3. Live Stock National Bank (41^). Sioux City, Iowa (41-4). G. D. 
Van Dvke. cashier. 



Wagner. S. Dak.. Septemhcr 30. 1912. 
Commercial State Bank. 

Pay to W. I. McFarland or order $100.0<> (one hundred dollars). 

J. E. McFarland. 

(Indorsements:) 

W. I. McFarland. 

Pay to the order of Security National Bank. Sioux City, Iowa. Prior en- 
dorsements guaranteed. Andes State Bank, Ravinia, S. D. T. C. Pier, cashier. 

Pa.y any bank or ordei". Prior endorsements guaranteed. Oct. 3. 1912. Secur- 
itv National B:ink. Sioux City. Iowa. C. W. Britton, cashier. 



Received (^f W. I. McFarland two checks, described as follows: 

W.\gner, S. Dak., Jniiuarii 7. 1913. 
The First State Rank. 

Pay to Harry Hardman or order .$11.5.00 (one hundrwl fifteen dollars). 

W. I. McFarland. 

(Indorsed on back :) 

Harry Hardman. 

Pay to the order of any bank oi' banker. Lakeside 'State Rank, Lake Andes, 
S. D. A. Amundson, president. 

Pay to the order of any bank or banker. Previous endorsements guaranteed. 
Jan. 10, ini.S (41-4), Sioux City, Iowa. G. D. Van Dyke, cashier. 

Paid. First State Rank. Wagner. S. D. 

Wagner, S. Dak., September 30, 1912. 
Commercial State Rank. 

Pay to AY. I. :McFarl;ind or order .$100.00 (one hundred and no/00 dollars). 

J. E. McFarland. 

(Indorsed on back:) 

W. I. McFarland. 

Pay to the order of the Security National Rank of Sioux City Iowa. Prior 
endorsements guaranteed. Andes State Bank. Ravinia, S. D. T. C. Pier, cashier. 



522 YANKTON SIOUX AGENCY. 

Pay any bank or order. Prior endorsements jinaranteed. Oct. 3. 1912. Se- 
curity National Bank. Sioux City. Iowa. C. W. IJritton. cashier. Paid Commer- 
cial State Bank, Oct. 4. 1912. 

Dated this 10th day of September. 1013. said checks to be submitted with evi- 
dence and report to .I'oint commission to investigate Indian affairs. 

Thos. L. Sloan. Special Agent. 



State of South Dakota, 

Charles Mix County, .ss: 
W. I. McFarland, being first duly sworn, upon his oath says: I am a brother 
of J. E. McFarland. to whom lease was made for the Adam Hero land. One 
Harry Hardman came to my brother and said that he could get him a lease. 
Later he came from the agency at Greenwood and said that he had seen the 
agent and gotten a lease for the land. A lease was signed by my brother at 
the rate of $2.50 per acre for 120 and $1 per acre for 40 acres. My brother 
drew a check and I gave the cash for it. and it was paid to Hardman as an 
advance on the rent. liater Hardman said that there was a lease to Shaffer 
and that the agent would have to declare Adam Hero incompetent and cancel 
the Shaffer lease and make another. Later he came, he said, direct from 
Greenwood Agency and that the agent had canceled the Shaffer lease and made 
up a new one to my brother. J. E. McFarland. On this lease he asked for .$llf» 
and my brother gave him a check, and when he came to Wagner with it I took 
it up and gave him my check, which he cashed, and which I sulimit herewith 
marked "A." It was advanced rent for the Hero lease, and so I understood 
it from Mr. Hardman. My brother has paid to Mr. Hardman $215. and the 
lease calls for $262.50 each year for two years, in addition to the sum paid 
Hardman. I got a notice from the Greenwood Agency in March to pay the 
Adam Hero rent money into the agency office, and I drew my check to Mr. 
A. W. Leech for $262.50, and the same has been paid and receipted for by the 
agent. 

W. I. McFarland. 

Signed in my presence and sworn to before me this 10th day of September, 
1913. 

[SEAL.l .TO.SEPH F. ESTES, XotilllJ Piiblic. 



State of South Dakota, 

Charles Mix County, ss: 
C. W. Ahrens, being first duly sworn, upon his oath says: I am a resident of 
Charles Mix County and I rent some Indian land. Last spring Mr. S. N. Over- 
garred, Mr. William Montieth. and I needed some hay land. We had trouble 
getting it, and at last it was suggested that we give a little on the side, as that 
would held us. We paid, each of us, to the farmer, Benjamine, some money. 
I gave a dollar and a half and the others gave about the same amount. We got 
what we were after. 

C. W. Ahrens. 

Signed in my presence and sworn to before me this 10th day of September, 
1913. 

Joseph F. Estes. Xotary PuhJic. 

(Down to here included as part of report of T. L. Sloan, special 
agent.) 



September K). 1913. 
Joseph F. Estes, Wagner. 8. Dal;.: 

Wire me at once full information relative to persecution of witnesses who 
made alfldavits before Sloan relative to investigation. This information for 
Joint Commission to Investigate Indian Affairs. Advise if .vou have heard 
from Sloan. 

Habey Lane, United States Senator, 



YANKTON SIOUX AGENCY. 523 

[Night letter.] 

Wacnf.h. S. Dak., Seiilcnibcr I'.). liH.i. 
Harry Lane, 

United states Senator, Washington, D. €.: 
Supt. Leech is telliiis Indians that T. L. Sloan was an iniposter. Su])t. 
I^eeoh is roundinsi up the Indians \\\\o j^ave athdavits to Sloan and threatening 
them with his disi)leasnre. Two old Indian women, Mrs. Sarah Bull No. 2 and 
Mrs. Brown Thunder, were refused by him tlieir usual money allowances l»e- 
cause they had made affidavits. Supt. Leech wnth Supervisor Neil are trying 
to get retractions from those who made affidavits. Have not heard from Sloan. 

J. F. ESTES. 



[Telegram.] 

Washington, D. (\, t^cptrniher 20. WIS. 
Senator Joe T. Robinson, 

Chairman. North Yakhna. Wash.: 
J. F. Estes. of Wagner. S. Dak., has wired Senator Lane that Leech, super- 
intendent of tlie Yankton Sioux Reser\-ation, is persecuting all Indians who 
made affidavits before Sloan. Senator Lane is very anxious to take the matter 
up and have I^eech snspendefl. He wants your approval before taking action. 
Answer. 

K. B. Keating, Seeretary. 



[Telegram.] 

North Yakiaia. Wash., September 27. li)tS. 
R. B. Keating, 

Secretary, S. O. B. S31, Wa.shinf/ton. D. C: 
Telegram about Yankton Sioux matter .just received. Tell Senator Lane to 
use best judgment. I think best to confirm Estes's statement before acting 
upon it. If true, by all means proceed at once against agent. 

Joe T. Robinson. Cliainnan. 



[Night letter.] 

Yankton, S. Dak.. September SO. HU.i. 
Hon. Harry Lane, 

United Slates Senator. Washington, D. C: 
Please wire me at once at Sioux Falls, S. Dak., care Cataract Hotel, whether 
you have received my telegram giving information with regard to Supt. A. W. 
Leech persecuting i)arties who gave affidavits to Mr. Thomas L. Sloan. Supt. 
Leech continues persecuting them. Please give Mr. Sloan's address. 

J. F. Estes. 



October 1, IDlo. 
Mr. Thomas Sloan, 

Sijecial Agent. Tiil.sa. Okla. 
Dear Sir: Will you i)lease advise me at once full information regarding your 
investigation at Yankton Sioux Agency. Yankton, S. Dak.? Names of Indians, 
affidavits of witnesses, and everything pertaining to characters of Leech and 
Estes. Estes has wired me that parties who made affidavits before you are 
being persecuted by Leech. This matter is important and should be attended 
to at once. 

Very truly. 

Harry Lane. U. S. S. 



524 YANKTON SIOUX AGENCY. 

ITplegram.] 

Washington, D. C. Oviobcr I). lUIS. 
Senator Jol T. Robinson, 

Alexandria Hotel, Los Anijelej^, Cal.: 
I will back your actiou Cushmau School .superintendent. Superintendent 
Yankton Agency ought also to be removed for punishing witnesses who testified 
before Sloan in behalf of commission. Kelloggs complain of being kept under 
surveillance and mjiil tampered with by department. 

Harry Lane, 
United States Senator. 

Yankton Indian Agency, 
Green wood, S. Dak., Navemder S. liUS. 
Hon. Joe T. Kobinson, 

United States Senator, Chairman of the Commission to 

Investigate Indian Affairs, Washini/lan, ]). C. 
My Dear Senator : I am inclosing to you herewith a statement of some facts 
in connection with the management of affairs and conditions existing among 
the Yankton Tribe of Sioux Indians of South Dakota. These are only a few 
of the glaring cases which have come under my personal observation. I 
sincerely hope that your commission will be able, "in the near future, to visit 
the Yankton Indian Agency, S. Dak., and make a thorough and rigid investiga- 
tion of the same. 

Very respectfully, 

Joseph F. Estes. 



November 11, 1913. 
Mr. Joseph F. Estes, 

Greenwood, S. Dak. 
Dear Sir: Your letter of November 3 addressed to Senator llobin.son, chair- 
man, and inclosing additional information^ regarding the Yankton Sioux 
Agency, has been received. The commission has not returned from their 
western tour of investigation, but will probably do so in a few days, and your 
communication will be called to the attention of the chairman. 
Very truly, 

R. R. Keating, Secretary. 



J. F. Estes's Exhibit R. 

Yankton Indian Agency, 

Greenwood, S. Dak. 
Chairman and Members of the Commission to 

Investigate Indian Affairs, 

Washington, D. C. 

Centlemen : Although a Yankton Sioux Indian, I am an American citizen. 
T was born and spent mj' early childhood in the wilds of the Sioux country, 
among a bold, fearless, and warlike people, who from time immemorial had 
roamed the forests and plains with none to ni'^lest or make them afraid. 
Among the first sights th;it greeted my baby eyes were the roving herds of wild 
deer, antelope, and buffalo. The first stories that were told me wore of the 
feats and accomplishments of the great warriors of my tribe; the stories of the 
Great Spirit ; and the picturing before my mind's- eye of the happy hunting 
grounds to which all the warriors and heroes who had passed away had entered 
with glory and rejoicing. 

My people were, when I was a lad among them, a law unto themselves. Their 
proud spirit, their noble, wild manhood, their native honesty, their love of 
truth, virtue, and integrity had not yet been .shaken by the contaminating 
influences to which they have of recent years been subjected. 

As a child I saw the onward tread of the white man, and gradually felt his 
power and influence in limiting the range and fields of operation of my people. 
When very young I attended the councils of war aud heard the defiant, brave, 
and bold utterances of the warriors. I heard my people talk of the influences 
and power of this great Government, aud debate their rights and privileges in 



YANKTON SIOUX AGENCY. 525 

their couiirils (Hi the h.-niks of the river that hears tiie name of eiir trihe 
Sioux. 

Hut now as a lril)e, as a j,M-eat nation, tliey are f-one. Their manly traits of 
ohuraeter an" oozing out, their proud spirit has been hrol^en, and they are gen- 
erally adjusting themselves to conditions that will lea.d them— (iod kno'ws where. 

(iradually, with my peoi)le, I learned the power and influenees of the Govern- 
ment of this Itepublic. and learned how inevitable was the day when we should 
be driven and restrained in the small corners of our former territory. 

Under proper intlu.'nce.s, with pro[)ei surroundings, and proper treatment 
they would let go the liabits. customs, language, and tradition of our ancestors 
and. accept ft)r the better tlie white man's civilization. Hut, unfortunately, we 
are not surrounded, guicied, and controlled by such influences. Some of the 
men and women who have been sent among us as agents, superintendents, em- 
ployees, missionaries, and teachers are all that could be desired. They are 
faithful, honest, good, and true. But others who have been sent are all-around 
bad. They are the embodiment of venality, rascality, hypocrisy, deceit, and 
fraud. Their presence, their very touch of things decent, is poison. 

As a young man I attended the Hampton School iu Virginia, and being 
educated I became a teacher among my peoi)le in the service of this (Jovern- 
ment for many years, and with what my wife and I saved we purchased a store 
upon our reservation, made a home there, and entered into business with my 
people. I was elected clerk of the circuit courts for the Charles Mix County, 
S. Uak., iu the year 190S, and served in that capacity for two terms, and sub- 
sequently I was employed as an interpreter by the United States Circuit Court 
for the District of South Dakota, and held that position under Hon. John E. 
Garland, district judge, for three years. Resigning that position I was ap- 
pointed ])ostmaster for Greenwood, S. Dak., which position I now hold. 

I'or over 40 years I have dwelt among my people and have by constant effort 
and api)licatiou secured for myself and family a competence whereby I have 
been able to send my children to schools otlier than those proviried by the Gov- 
ernment for Indian children. 

By i-eason of my education and experience, I kn<nv the life, customs, and 
habits and history of the Sioux Tribe, and I can speak as one having authority 
about knowledge which I have obtained at first hand. 

I have no ulterior motive and am prompted only by a desire to help my 
people by placing before you and the people of this great Republic certain facts 
and information, which I am sure have not before come to your attention, else 
so great, good, and generous a people as constitute the American Government 
would not tolerate the wrongs, sulferings, and atliiction which has been iieaped 
upon that great Indian Nation which has possessed so many brave and cour- 
ageous warriors and which has always kept its promises and have been faithful 
upon all occasions. 

My education and many years of experience Iiave taught me, as I have often 
told'the members of my tril)e. that the people of this great Republic believe in 
justice and fair dealing, and that the wrongs which have come to us have never 
had the knowledge, sanction, or a])prov;il of the citizens of this Nation. 

It has been the system and the methods applied and adopted in dealing with 
the American Indian which ha.s been at fault and not the will or intention of 
the American people. I do not speak harshly, nor tliink evil of tlie Indian De- 
partment as a whole, because, as stated before, in the service of the Govern- 
ment and dealings with the Indians iiave been many men and women of high 
character and noble purpose and intentions. But in a representative govern- 
ment, as is the form of this (iovernment, where many otticials come by ap- 
pointment, it is but natural to i-ecognize that many unworthy men a.nd women 
have come into the ranks of that great army of Government otticials who have 
had the direct control of the destinies of my people. 

As a part of tlie plan of Government adopted at this time, the oflice of the 
Indian agent and Indian superintendent come in close contact and deal directly 
with the individual Indian. And because of the conduct of these men, in many 
instances great suffering, humiliation, and disgrace have come to my people, 
and generally among the Indians these officials have been looked upon as 
enemies, selfish, domineering, arbitrary, \vho must be tolerated simply because 
behind them stands the great and powerful, yet invisible, arm of this (Joveru- 
ment to crush the life out of those of us who do not readily submit to the in- 
dignities which come to us at the hands of the.se officials. 

Every citizen of the United States is interested in seeing that all our people 
get an equal opportunity to enjoy the blessings which flow from this glorious 



526 YANKTON SIOUX AGENCY. 

Government, jind in cirder that these opportunities and blessings may come to 
that ^reixt snffernig: trll»e t)f which I am a member, I call your j'ttention to 
some conditions which you do not know to exist under the present agency 
management at the Yankton Indian Agency, S. Dak., which are seared upon my 
heart and burned into my brain. 

There is a universal suffering among the Indians to a greater or lesser de- 
gree, occasioned by the pre.sent management, which suffering is useless and 
wholly unnecessary under proper management. 

So niggardly, mean, and selfish on many occasions has the treatment of 
these Indians been that these once proud and fearless people are becoming 
fawning sycophants, and in many instances cowardly, suffering in sullen 
silence. The domineering, autocratic rules of tlie agent, by methods of with- 
holding the allowances to the Indians, threats of expulsion, and misuse and 
abuse of power are fast intimidating the great tribe into submission and 
despair. I personally know of instances where a degree of independence was 
exhibited in which the Indians were disciplined by starvation and ill treat- 
ment until his once proud spirit was humbled and broken. 

A once proud and noble race of people, braver and grander than builded 
Athens or establislied the City of the Seven Hills, is fast being degraded into 
submission and sycophancy by the methods of this glorious Nation, which 
ought to. and which I believe at heart intends to, build up and cherish the 
best and bravest traits and characteristics of my people. But we are a broken, 
disheartened nation of dependents in a Nation that teaches self-reliance and 
independence. Our condition has been brought about by the methods which I 
have suggested — wrong, false, and miworthy of the (ireat Father in AY;ish- 
ington. 

There is no sadder story, none more tragic, than the story of the American 
Indian. From the day when the undaunted, the fearless, the immortal Bar- 
tolome de las Casas raisetl his voice, and, in the defense of the Indian, sent 
its echoes ringing to the feet of the imperial throne, down to the last voice 
that has defended the Indian's rights, the relations between the white man and 
the Indian have not redounded to the credit of the white man. Cruelties have 
been perpetrated upon these Indians by the local agents and superintendents, 
and even now they are perpetrated, that put into the shade anything we read 
in the acts of the martyrs or that may have been inflicted by the American 
Indians. They do not seem to remember their obligations toward the Indians — 
obligations founded in conscience and based upon the eternal iirinciples of 
.in St ice. 

Things about the United States Indian agencies are not .-liways as they 
seem, and the Yankton Indian Agency, S. Dak., is no exception to the rule. 
And I desire to call your attention to some of the conditions existing among 
my people — the Y'ankton Sioux Indians — and the conduct of some of the 
officials and people about the agency. 

1. The meat and flour at the Government Indian boarding school are kept 
in the same room and at times ai-e so foul and decomposed that the stench 
therefrom is terrible. Witnesses to this are Mr. Henry Frederick and William 
Bezely. 

2. The water supply for the school and the agency is taken from the Missouri 
River by pumping, not filtered. During the winter of 1913 Policeman Joseph 
Nimrod had a horse and a colt die. He dumijed the carcasses into the river 
with a weight, where they were held just above the intake to the school water 
supply, and left there until about the 1st of ,Iune. Then, after numerous com- 
plaints, they were cut loose. This same man dumps his stable manure in the 
same place, and complaints to the superintendent have been of no avail. Wit- 
nesses, William Bezely and J. F. Estes. 

3. The conditions at the school are bad. Many of the children have bad eyes, 
evidently trachoma, and are neglected as to those affected, and prevent the 
spread of the diseiise. The children are dirty, lousy, and poorly clothed. The 
Indians would not s(>nd their chilren to this school if they were not compelled 
to do so. The superintendent sends out the police after and coerces others to 
send their children to the Government school by withholding from them their 
rents and money due them from the Government. Often when the Indian chil- 
dren are attending the State district schools with white children they are 
required to give up and go to the Government school. This is to their detri- 
ment and causes them the loss of opportunity to be with English-speaking 
children and places them in unhealthf'ul surroundings. Witnesses. Mrs. Minnie 
P. Keeler and IMrs. Ptesanwin. 



YANKTON SIOUX AGENCY. 527 

4. That ill March. T.Hli. the Indian police, acting' under the orders of the 
superintendent, arrested an Indian woman who had a sick child less than a 
year old. She and the child were hrouf,dit from a distance of about S or 
1) miles during a zero weather and coulined them in a filthy, dirty, old, and 
cold bnildini,' called a jail. Slie was without any attendance, and while so 
confined the child died durinsi the same ni^dit of exposure incidcMit thereto. 
The Indians provided for her as best they could and made a collection to meet 
the funeral expenses of the child, but no help or assistiince came from those 
who have bron^ht about her condition. It .noes without sayin.i; that the super- 
intendent in charfie is a cruel, heartless, mean, arbitrary, and an unfit person 
to be iilaced over other iiersons. Witnesses. .Vlfred ('. Smith. Itobert Obeshaw, 
and Thomas Arrow. 

5. The Yankton Sioux Indians have been citizens for many years, exercising 
their right of franchise, holding elective offices, and being subject to the civil 
and criminal laws of the State of South D:ikota. They have been prosecuted 
;ind punislieil and iniprisone<l under the judicial authority of the State. In 
view of all this, Supt. A. W. Leech claims the right and does imprison these 
citizens upon his own arbitrary acts. He h;!S imprisoned and Icept Indians 
in a dirty, filthy jail without any semblance of sanitation for iiericds of 40 days 
or more "at a time without any hearing, a.nd sometimes without anything to eat 
or drink for tliree or four days at a time. Witnesses, Charley Thunderhorse, 
Samuel P.iiker. .-md .lolm IJttle-owl. 

6. He. Supt. A. W. Leech, not only imprisons tliem without authority of law, 
but claims the right to sepanite man and wife, and divides their property and 
forces them to live apart, and enjoins them that they must not live together 
again or else he will put them in jail. Witnesses. Alex. Gullikson, Henry Paji, 
Mrs. :Minnie V. Keeler. 

7. That during the month of May. l!)i;>, Supt. A. W. Leech went to the city 
of Yankton and there misreiiresented to Hon. Joseph Janousek. Hon. A. L. 
Wyman, St:ite's attorney. Messrs. Jacob Rathgeber and A. P. Johnson, sheriff 
and deputy sheriff, respectively, that he was protecting INIrs. A. J. Estes a.gainst 
her husband in her itmperty rights, and to secure for her an Indian trader's 
license at Yankton Indian Agency. S. Dak., and that when the said Mrs. Estes 
applied to Sujit. Leech for a recommendation for a license Supt. I>eech sug- 
gested to her that he would recommend her provided she obtain a divorce from 
her husband. Witnesses. Mrs. A. J. Estes, Rev. John Flockhart, Hon, Joseph 
Janousek. Hon. A. L. Wyman. Messrs. Jacob Rathgeber. A. P. Johnson. 

8. Old Indian men and women who have money on de])osit subject to the 
check of the superintendent have gone cold :ind hungry because of neglect .and 
refusal to pay them their money or provide them with the necessaries of life. 
Some of these needy persons, during their dire distress for want of bare necessi- 
ties of life, were required by the superintendent to subscribe from $5 to $10 to 
a fair that he was promotiii.g. Some of these old Indians were cilled into the 
superintendent's office and without any expl.anatlon whatsoever were made to 
sign checks. And they do not know what they were for. as the checks were 
taken away from thi'm. until afterwards they were informed from outside 
sources that they have subscribed to the fair. Witnesses, Peter I>ongfoot and 
Ijouis Jandreau. 

9. An old Indian woman. Tasinam.-izawin. aged ■•ibout SO years, died of starva- 
tion during the month of July. 101.3. She went to those to whom she could 
apply at the a.gency and was refused .-my part of her money and refused all 
assistance. She was told that they were going to purchase a te:im of hoises 
for her and that she could not get any money. All she could find to eat was 
choke cherries. Of these she ate to stay her hunger. She gorged herself with 
the.se and died of acute indi.gestion. Witnesses. Adiim Hero and Eu.irene 
Highrock. 

10. Mrs. Brownthunder, a.ged about IS years, though had i)leiity of heirship 
land and laud of her own, which she is leasing or rather the superintendent is 
leasing and the rentals de])osited at the suiierintendenfs office, has to beg her 
living from neighliors. Often she .goes to the superintendent's office asking for 
money with which to get necessaries of life and she is refused all assistance and 
she goes home crying. Slie was asked why she was crying. She replied : " I 
am crying for something to eat." During the inclement wintry weather this 
old woman is often seen out rustling for fuel and going from house to house 
begging for something to eat. Witnesses, Mrs. Brownthunder. William ISean, 
sr., and Eugene Bull. 



528 YANKTON SIOUX AGENCY. 

n. Mrs. li-oiiwhip. i\-j:va .••bout 7<). died December IS, 1912. of cold, neglect. 
and starvation, tliougli slie had in the possession of the snperintendent snfti- 
cient money to keep her in Inxury the l)alance of her natural life. Dr. Wise, 
then ageiicy physician, snid that when he arrived at her home on the 17th of 
December, the day before she died, which is the only time a physician visited 
her during her illness, she had notliing to eat. That there was no fuel in the 
house and that no doubt Mrs. Ironwhip died of starvation. Dr. Wise made 
the above statements in jiresence of several witnesses. Tliere have been many 
who suffered for want of the bare necessities of life while they have funds In 
the hand of the Government sufficient to keep them in luxury the l)alance of 
their natural lives. Such neglect is heartless and cruel and should be a crimi- 
nal neglect, if it is not. Witnesses. Mrs. Thunderhorse, White Eyes. 

12. Individual Indian funds ax'e only subject to use by the Indians through 
the superintendent. Indians who purchased horses could only buy from certain 
favored persons and at prices in excess of their fair market value. An old Indian 
woman whose husband was sick and infirm needed a team for herself and hus- 
band to get about. Supt. A. W. I^eech got a team for them from one I'eter 
St. Pierre for the sum of .$160. They were not only poor and lame but wild. 
The old couple brought the team to suiterintendent's office and told him they 
did not want to be killed by the team, and that if his friend Peter St. Pierre 
needed the money to let him keep it. but to give him back the team. After 
much trouble and expense to the old couple the team was taken back. Alfred 
O. Smith, an Indian of the same tribe, had a good team which he offered to the 
people for the same price. They were much satisfied with the team, as they 
were sound and gentle, and took the team from Smith, but when he wa.s handed 
the money by Supt. I>eech it was only $150. After Smith remonstrated he gave 
him the additional $10. The first team was sold for $160 with the knowledge 
and consent of Supt. Leech. Other instances can be cited wherein gross favor- 
iteisms were shown in buying horses for the Indians. Similar case of Peter 
Hepana. Witnesses. Henry Frederick, Alfred C. Smith, Joe Picotte, Peter 
Hepana. 

13. Mrs. Mandan, aged about 80 years and crippled, starved to death on the 
Government reservation within half a mile of the agent's office. She, too, 
possessed money and property which she was unable to reach. 

14. Mrs. Sarah Bull, aged about 80 years, and crippled and sick, is compelled 
by Sujit. Leech to live alone, and would not allow her to visit her only sou, 
Eugene Bull. She lives about half a mile from the superintendent's office. 
During the month of September she was seen going to the office to ask for 
enough to get the necessaries of life. She can only walk on crutches. When re- 
turning home she fainted by the wayside, where she was picked up by other 
Indians and carried to her home. She has no one to care for her, and unable 
at times to get word to any one for assistance, because her son, Eugene Bull, 
is forbidden by Supt. Leech to keep her. Her son took her home one time and 
Supt. Leech sent his police out and ordered her to come back to her lonely home. 
She states that there are days at a time that she goes hungry and cold. Wit- 
nesses. Sarah Bull, Mrs. Susan Mellette, Eugene Bull. 

15. P"'arming lands of the Yankton Sioux Indians are worth from $2.50 to $3 
per acre. Some of these lands have been leased without the knowledge and 
consent of the Indians by Supt. Leech and Farmer Ernest Benjamin. In collect- 
ing rents, many complaints have been made that a bonus is charged the renter 
for securing the land. In other words, the renter is charged extra for securing 
the Indian land. Numerous instances can be cited where prospective renters 
offer higher rents, and their bids are turned down and the land leased to a 
lower bidder. Hohanketawa, an Indian of the Yankton Sioux Tribe, very indus- 
trious, complains that Snpt. Leech leased the land where he is living — his 
father's estate — and where he has been getting his hay to a white man for 75 
cents per acre without his knowledge or consent. The lease mone.y was depos- 
ited with Superintendent Leech, and the same has not been paid to the Indian 
Hohanketawa for the last past two years. This Indian has to lease other hay 
lands, paying $1 per acre. Thus by this operation the Indian is made to lose 25 
cents per acre. Witnesses, Moin Emmons, W. I. McFarland. Big Bear, Hohan- 
ketawa. Jesse Little Elk. 

16. Adam Hero, an Indian and member of the Yankton Sioux Tribe of In- 
dians, was taken off from the competent list and put on the noncompetent list 
in order that a lease contract he made with a white man could be annulled and 
a Government lease made at Supt. Leech's office against his protest; it further 
developed that the new renter was made to pay $60 over and above what the 



YANKTON SIOUX AGENCY. 529 

contract calls fur. lie i)ai(l the extra deiuaud. as lie did not wish to lose the 
use of the land. The Indian, Adam Hero, sa.vs he never received the $00 not 
iuclnded in the lease. The renter. John McFarland. has receipts showing that 
he paid this e.xtra anionnl. Witnesses. Adam Ilei-o. John iMcFarland, W. I. 
McFarland. 

17. That Supt. A. \V. I^eech is pailiid 1(. an annrne.v named C. .\i. Caster. 
lie allows him the iirivile.ycs of the asieiicy ;,nd directs Indians lo pi to him 
who would not go to him otherwisi^. He sent his iiolice. Joe Nimrod. to tell 
Mr. and Mrs. Iron Beiir. Indians and members of the ^'aidvton Siou.v 'I'rihe of 
Indians, to appear before this man Cister at the town of Lake Andes, a dis- 
tance of ai).>ut 20 unles. The said jiolic'e. acting midei- instruction, represented 
to Mr. and Mrs. Iron Bear that they were subpenaed by the court. They ap- 
l^e.ired before the said Caster at the specitied time and i)lace. Then Caster 
secured the services of an interpreter, Fvimk Lambert, and proceeded to tell 
them that he is in receipt of a letter from Washington, 1). C., instructing him to 
t;ike testimony. He then read to them, through the interpreter, forms of affi- 
davits that he wanted them to sign. Mr. and Mrs. Iron Bear thereupon em- 
phatically refused to sign said forms of aftidavits presented to them, for the 
reason that the contents as set forth therein are false in every essential i)ar- 
ticular. He then read to them an affidavit of one Joe Nimrod along the same 
line and tried to induce them to sign the ones prepared along the srme line. 
l)ut they persistently refused to be debauched into signing and swearing to 
things that they know to be absolutely false. Thereupon Caster dismissed them 
And when Mr. and Mrs. Iron Bear demanded their witness fees Caster told 
them that they would have to go to Supt. Leech for their fees. It appears that 
despite the fact that these people absolutely refused to sign affidavits for 
Caster, that the Indian Office are in receipt of affidavits purporting to be 
signed by Iron Bear and his wife. However, Mr. and Mrs. Iron I5ear both 
subsequently signed affidavits and gave them to Thomas L. Sloan to the effect 
that they never swore to and signed affidavits for Caster, Supt. A. W. Leech, 
nor anyone else upon that matter. Interpreter I'rank Lambert also swore to 
and signed an affidavit that Iron Bear and his wife did subscribe to the form 
of affidavit presented to them by Caster. I have gone into the details of this 
matter for the reasoii that it seems that an attempt has been made to debauch 
these Indians, and, secondly, that though they refused to sign such affidavit as 
presented to them, their names or marks have been forged and submitted to 
the Hon. Commissioner of Indian Affairs as genuine. Witnesses, Mr. and Mrs. 
Iron Bear, Frank Lambert. 

18. That under Supt. Leech's orders one George Black Owl was ai-rested for 
returning home to his family after he was ordered to remain away from them. 
His wafe is totally blind and his children more or less afflicted with trachoma, 
and all are nnnors. After his arrest at his home lie was torn away from his 
helpless family and beaten and abused on the road to the agency jail so that 
he had hemorrhages of the kidneys. These brutalities would not occur except 
under the direction of a man of that disposition. Indian women put in this ja'il 
and kept in the same jail with men, and are often insulted and indecent pro- 
posals made to them by this monster police, Joe Nimrod. Witnesses. George 
Black Owl, Naomi Ree, Charley Thunder Horse. 

19. Supt. Leech asserts his persou.-il ill will and uses his office to si)ite those 
whom he dislikes and seeks to injure them. He knows of tlagr.iiit violntious 
of law's of the United States, but if committed b.y his [lets or friends, he grants 
them immunity. The Yankton Sioux treaty of August 15, 1S94 (2S St:;t.i 286), 
Kapler's Laws and Treaties (vol. 1, p. 52()), provides: "That every person 
who shall sell or give away any intoxicating liquors or other intoxicants upon 
any of the lands by said agreement ceded or upon any of the lands included 
in the Yankton Sioux Indian Reservation as created by the treaty of April 
19, 1858, etc." Supt. Leech knows of several instances where parties, wdiite 
men, who brought liquor within the restricted territory, but simply winked, 
at the violation of the law, because the offending parties are not hapiiened to 
be his enemies. He knows of instances where liquor was brought upon allot- 
ments of land the title of which is still held in trust by the Government, as he 
secured affidavits not covering that liquor was brought within the allotment, 
but whether a certain man, whom he was after, was there and drank and got 
drunk on the liquor brought upon the Indian land. He was not after the 
parties introducing and giving liquor away, thereby violating the ;;bove treaty 
law, but he w^ants to punish the man who drank of the licpor. Witnesses. C. F.. 
Fratt. Gus Diehl. R. H. Clark, J. F. Estes. 



530 YANKTON SIOUX AGENCY. 

20. Mr. E. B. Bailey reiiorted to Supt. Leech thai his l)rother. Roy Bailey, 
keeps beer in his store ou the agency reserve in violation of the above law. 
Thereupon Supt. Leech threatened to summarily remove snid E. B. Bailey from 
the reservation if he did not keep still about the matter. Roy Bailey admits 
keeping beer on the agency reser\e and does not deny the same. Witnesses, 
E. B. Bailey. William Shaefter. 

21. Supt I^eech has shown gross favoritism in issuing orders to the Indians 
for provisions and other goods by directing the said orders to certain mer- 
chants only, thereby compelling the Indian receiving such order to trade at the 
store mentioned in the order. Messrs. Williamson Bros, and Roy Bailey re- 
ceive the bulk of such (U-ders. These orders authorize the merchant to sell 
to the holder of the order things specified in the order and return the order 
to the office of the superintendent, and checks in payment are issued from the 
Indian's account to the merchant. Witnesses, Fred Frederick, Eugene Brunot. 

22. That during the primary campaign of 1912, Supt. A, W. Leech took an 
active part and furnished money and provisions in I)ehalf of a certain Repub- 
lican candidate for renomination to the United States Senate, and urged all 
the Indians and others to cast their votes for the said candidate. He used his 
office and influence in promoting and circulating a petition. Witnesses, George 
Abdalla, C. H. Bonuin, J. F. Estes. 

23. The Indian Service employees are prohibited by law from having any 
interest or concern in trade with Indians. Revised Statutes of United States, 
second edition, section 2078, page 363, provides: "No person employed in In- 
dian affairs shall have any interest or concern in any trade with the Indians, 
except for and on account of the United States ; and any i)erson olfeudlng herein 
shall be liable to a penalty of $5,000 and shall be removed from his office." 

Evidences show that Supt. A. W. Leech violated the above law and has part 
interest in the butcher shop at Yankton Indian Agency, S. Dak. His reputed 
partner, Roy Bailey, has a large business with the Indians and has the entire 
favor of the agency office. This man, Roy Bailey, the reputed partner of Supt. 
Leech in the butcher business, boasts of his standing with said Supt. Leech, and 
that said Leech would not permit anyone to sell fresh meat so long as the 
said Roy Bailey is running a butcher shop. Not only does Roy Bailey so boast, 
but Supt. Leech so told Mr. Fred Frederich and Mr. E. B. Bailey when they 
wanted to open up butcher shops, Supt. Leech and this man, Roy Bailey, were 
known to have gone out together and purchased cattle, and the cattle so bought 
were brought to the agency and slaughtered and sold to the Indians on the 
block. And further, they were known to have bought corn and fodder together 
to fatten the cattle so bought and sold to the Indians on block. It is further 
known that cholera-infected hogs are killed and sold to the Indians on the 
block. Further particulars will be brought out when the matter is fully investi- 
gated. Mr. Wickam Totton, who has given his affidavit with regard to this 
matter to Hon. T. L. Sloan, will be corroborated by Mr. Lee Handley and his 
son, and Mr. C. F. Pratt and Jay Nichols. 

24. With regard to this man, Roy Bailey, I wish to state that he was twice 
ordered away from this reservation for gross misconduct by the Government, 
and each tinie returned without permission from the Government in violation 
of the United States Statutes. He returns with each change of administra- 
tion. That he is addicted to the use of intoxicating liquors to excess is univer- 
sally known: that he committed the crime of bastardy: that he wrote to the 
girl he ruined while she was in the family way and inclosed a $5 bill and told her 
to purchase a certain drug to efl'ect an abortion. While this is very repug- 
nant, yet it is my purpose to set before you the kind of influences and exam- 
ples under which our Indians and their children are to be civilized and edu- 
cated. This man, Roy Bailey, the reputed partner of Supt. Leech, is also a 
gambler and plays poker for stakes upon the agency grounds. Very frequently 
has this man come into my place of business and sputters vile and profane 
language, with the fume of whisky emitting from his mouth, in the presence of 
ladies. Witnesses : Mrs. Lizzie Clark, Mrs. (i. W. Gullikson, Henry Frederick, 
Svan Gibson. 

I submit to your honorable commission that we have a bad state of affairs 
at this agency.' and I beg of you to hasten and investigate the rottenness of 
this superintendent and this agency to the bottom. This man has the power 
and the tools with which to assassinate the character of any decent man 
whom he can not use in his devilish schemes, and he ought to be checked in his 
career before he debauches the entire Yankton Sioux Tribe of Indians and 
disgrace the Government he is misrepresenting. 



YANKTON SIOUX AGENCY. 531 

An unsoniimloiis iii:m. witli a coimuissiitn from tlic (Joxcriuiient and a corps 
of employees at his mercy — ready to do his hiddinj; — can crush and ruin any 
mail on the reservation who stands in his way. 

Complaints made to the Indian Otlice are returned to the superintendent and 
he proceeds to punish those who complain. Inspectors who are sent out to 
investigate generally hear one side— that of the sui)erintendent — and reports 
that are made by him are held as confidential and access to them refused. 
They are sometimes absolutely false, and the Indian is discredited without 
knowing the cause, and with no opiiortnnity to make a reply. Conlidential 
records prevent justice to the Iiulaius and cover up wrongs in the service 
which an open and public rcconl would ui inaiiy instances correct. The victim 
of it all is the Indian. 

These are some of the things which most of the Indians suffer, and the 
Yankton Sioux Indians suffer more i)articularly under the present agency 
administration. There can be no improvement in the Indian under such con- 
ditions. He can have no initiative, and there is no opportunity for him to 
make an effort. He is overpowered by force, fraud and deceit' that extends 
from one end of the service to the other. The Yankton Sioux Indians need 
change! They should be relieved of the supervision of a man who has no 
human sympathy, who is interested more in trade with the Indians than their 
welfare through honest supervision of their affairs. 

Imagine such venality, hypocrisy, deceit, and fraud, and the iuvpressions 
left upon the minds of the Indians and their children at the end of such a 
career. Is this the kind of influences under which our Indians and thair 
children are to be civilized and educated? If so. then may God have mercy 
upon them. 



Very resjiectfuUy submitted. 



Joseph F. Estes. 



J. F. EsTES's Exhibit C. 

Yankton Indian Agency. 
Greenn-ood, S. Dak., November //, 1913. 
Hon. Joe T. Robinson, United States Senator. 

Chairman of Commission to Investigate Indian Affairs, 

Washi)njton, D. C. 
My Dear Senator : Referring to my statement and letter to you of date 
November 3, 1913, I beg leave to make the following corrections in my said 
statement, viz : 

1. The date of the statement shoukl be November 3. 1913, as it is not dated. 

2. On page 10. line 18. it should read " also swore to and signed an affidavit 
that Iron Bear and his wife did not subscribe, etc." The word " not " is left 
out, which should be in. 

Yours, very respectfully, 

Joseph F. Estes. 



Washington, D. C, March 12, 1914. 
Hon. Joe T. Robinson, 

Chairman Joint Commission to Inrestigate Indian Affairs, 

Washington, D. C. 
My Dear Senator : Herewith I beg to hand you my statement, and a copy 
of the statement of Alfred C. Smith, a Yankton Sioux Indian, concerning con- 
ditions on the Yankton Sioux Indian Reservation, S. Dak. 

In addition to the above statements, I hand you herewith the following affi- 
davits : 

1. Affidavit of Charles F. Pratt, dated September 12. 1913. 

2. Affidavit of Agnes Draffin. dated August 19, 1913. 

3. Affidavit of Naomie Ree Thunderhorse, dated September 27, 1913. 

The affidavit of Charles F. Pratt, particularly, will show that Supt. A. W. 
Leech is an unscrupulous and unprincipled man. and wholly unfit to be intrusted 
with such responsibilities as are given him as superintendent of the Yankton 
Indian Reservation. 

Very respectfully, 

J. F. Estes. 



532 YANKTOi; SIOUX AGENCY. 

Hon. Jor: T. Eobinson, 

Chairman of the Commission to Investigate Indian Affairs, 

Wayliinfitou. IJ. 0. 
My Deae Senatob: Supplemental to my charges against Supt. A. W. Leech, 
of the Yankton Agency, which I filed with the Joint Commission to Investigate 
Indian Affairs on November 3, ]9I3. I wish to briefly reiterate the charges filed 
on said date, setting forth with particular emphasis certain statements therein 
made. 

Statement No. 1 : The meat and flour at the Government Indian boarding 
school are kept in the same room, and are at times so foul and decomposed 
that the stench therefrom is terrible. 

My witnesses as to this condition are Mr. Henry Frederick and INIr. William 
Bezely. 

Statement No. 2 : The water supi)ly for the school and the agency is being con- 
taminated by slaughterhouse drainage and dead animals, such as horses and 
hogs, which are lying in the Missouri River' just above the intake. 
My witness concerning this is Mr. William Bezely. 

Statement No. 3: The conditions at the agency school are bad. The children 
have bad eyes, evidently trachoma, and those children having it are neglected, 
apparently nothing being done to prevent the spread of the disease. The 
children are dirty, lousy, and poorly clothed. 

My witnesses as to the truth of this statement are Mrs. Minnie P. Keeler and 
Mrs. Ptesanwin. 

Statement No. 4. On March 10. 1912, the Indian poli<-e, acting under the 
orders of Supt. Leech, arrested an Indian woman who had a sick chlhl less 
than 1 year "old. They were brought a distance of S miles or uiore to the 
agency during zero weather and confined in a filthy old and cohl building 
at the agency called a jail. The child died the same night from exposure. The 
Indians provided for the mother as best they could and took up a collection to 
meet the child's funeral expenses, but there was no heli) from the superin- 
tendent. Witnesses. Alfred C. Smith. Robert Obashaw, and Thomas Arrow. 

Statement No. 5. The superintendent frequently imprisons the ludinns arbi- 
trarily, notwithstanding they are citizens aiul subject to the judicial andiority 
of the State of Soutli Dakota, and c(mfines them in a filthy, dirty jail winch 
is withont anv semblance of sanitation. He often keeps them there 40 or 50 
days at a time without giving them any hearing, and sometimes for 3 or 4 
days without anything to eat or drink. Witnesses, Charley Thunderhorse, 
Samuel Baker. John Littleowl. and Niome Ree. 

Statement No. 6. Supt. Leech not only claims the right to imprison Indians 
who are citizens, without authority of law, but he claims the right to separate 
m:m and wife, and he divides their property and forces them to live apart, 
although these Indians are legally married. Witnesses, Alex Gullickson, Henry 
Paji, and Mrs. Minnie P. Keeler. 

Statement No. 7. I wish to call attention to the manner in which Sui)t. 
I>eech proposed to Mrs. J. F. Estes, my wife, that if she would obtain a divorce 
from me he would grant her a trader's license at the Yankton Indian Agency. 

Statement No. 8. I desire to call attention to the manner in whidi Supt. 
Leech has compelled old Indians who have money in the hands of the (4ov- 
ernment to subscribe from $5 to $10 to a fair that he was i)ronioting, while at 
the same time, owing to the su])erintendent"s neglect nnd refusal to pay some of 
the Indians their own money due them from the Government, they were living 
in dire distress and want and suffering for the bare necessities of life. 

Statement No. 9. In this statement I desire to call attention to an old Indian 
woman named Tasinamazawin. aged about 80 years, who died of acute indi- 
gestion, resulting from eating and gorging herself with choke clu>rnes. as a 
result of being refused money by the superintendent, money due li.r ;il the 
agency, which she asked for in order to procure for herself the ncci-s u i-s of 
life 'she was told bv the superintendent that this money was due her, but 
that he (the superintendent) was going to expend it for her in the purchase 
of a team. This old woman did need money for the necessaries of life, but she 
had absolutely no use for a team. ,. „ .., , 

Statement No. 10. In this statement I made reference to Mrs. Brownthunder, 
a<-ed above 78 vears, who had plenty of heirship land, and land of her own, 
which the superintendent was leasing for her, and yet she was persistently 
refusefl money by the superintendent, and she was compelled to beg her living 
from her neighbors. 



YANKTON SIOUX AGENCY. 533 

Statement No. 1 1. I desire to cjill attention concerning Mrs. Iroavvbii), ;i 
woman aged abont TO years, wlio died on December IS, 1912, of cold, neglect, 
and starvation, although the superintendent had on deposit to her credit at 
the agency enough money to keei) her in luxury for the rest of her natural 
life. 

Statement No. 12. In this stalenieut I made mention of the manner in which 
the superintendent showed gross favoritism in buying horses for the Indians. 
and that the Indians could only buy them from certain favored persons and 
at grossly excessive prices. I wish to call especial attention to Mr. John White 
Eyes in this connection. 

Statement No. 13. In this statement I made reference to my grandmother 
who starved ro death within a half mile of the superintendent's office. She was 
an old woman SO years of age, and had money and property which she was 
unable to reach. 

Statement No. 14. In this statement I wish to call attention to Mrs. Sarah 
Bull, aged about SO years, crippled and sick and unable to walk. She is com- 
pelled by the superintendent to live alone, and for days at a time she sees no 
one and is often hungry and cold and can get word to no one and has no one 
to care for her. 

Statement No. 15. In this statement I desire to call attention to the farm 
leases of the Yankton Sioux Indians. The superintendent frequently leases 
these lands of the Indians without the consent of the owners and seems to be 
in league with Farmer Ernest Benjamin in this practice. Complaints have 
been made that a bonus is frequently charged the renter and that this bonus 
is collected and divided between Benjamin and the superintendent. Numerous 
instances of this can be cited. 

Statement No. 10. In this statement I desire to direct your attention to one 
Adam Hero, a Yankton Sioux Indian, whose name was taken off from the com- 
petent list and put on the noncompetent list in order that a lease could be made 
to some one else. It was developed that this other lessee paid $60 more than- 
the contract called for. The new renter, John McFarland, has receipts showing 
that he paid this $60. Adam Hero says he never got the said amount of $60. 

Statement No 17. In this statement I desire to call attention to an attorney 
named G. M. Caster, to whom the superintendent is partial. He allows him 
the privileges of the agency office, and directs Indians to go to him to transact 
their legal business who would not do otherwise. 

Statement No. IS. In this statement I desire to call attention to one George 
Blackowl, who was arrested for returning home to his family after he had 
been ordered to stay away. His children are more or less atHicted with 
trachoma and his wife is totally blind. When he was arrested he was torn 
away from his helpless family and beaten and abused on the way to the agency 
to such an extent that he had hemorrhages of the kidneys. 

Further, in this connection, I wish to state that Indian women are often 
put in this same jail with men and are kept there and often insulted with 
indecent proposals made to them by the monster of a policeman named Joe 
Nimrod. Witnesses, Naomie Ree, Charley Thunderhorse. 

Statement No. 19. In this statement I desire to call your attention to the 
fact that the superintendent seems to have a spite and ill will against many 
Indians and uses the force and power of his office against them, while with 
those Indians who are his pets he allows flagrant violations of the laws of 
the United States to go unpunished and they are overlooked and winked at. 

Statement No. 20. In this statement I wish to call attention to one E. B. 
Bailey*, who reported to the superintendent that his brother, Roy Bailey, kept 
beer in his store in the agency reserve in violation of the laws of the United 
States, and that upon receiving this information the superintendent threatened 
to remove said E. B. Bailey from the reservation if he did not keep still about 
the matter. 

Statement No. 21. In this statement I desire to call attention to the superin- 
tendenfls acts of favoritism in issuing orders to the Indians for provisions and 
directing them to buy from certain merchants only, particularly from William- 
son Bros, and Roy Bailey, the latter being reputed to be a partner of the 
superintendent. 

Statement No. 22. In this statement I desire to call attention to the fact that 
during the primary campaign of 1912, the superintendent took an active part 
and furnished money and provisions in behalf of a certain Republican candi- 
date for the United States Senate and urged the Indians to cast their votes 

35601— PT 5—14 6 



534 YANKTON SIOUX AGENCY. 

for said caiididate, aud used his office and bis influence in promoting and circu- 
lating a petition for said candidate. Witnesses, George Abdalla, C. H. Bonnin, 
A. C. Smith. 

Statement No. 23. In this statement I desire to call attention to the interest 
of the superintendent in the butcher shop of one Roy Bailey at the Yankton 
Agency. The superintendent is reputed to be a partner of the said Bailey in 
tills butcher business. They have gone out together and bought cattle, ^Ir. 
lieech paying for the cattle with his personal check. I wish further to call 
attention to the fact that cholera-infected hogs have been killed and sold on 
the block to the Indians. Witnesses, John Heide, Wick Totton, C. F. Pratt. 

In addition to the above I wish to further call the attention of the com- 
nussion to the following irregularities in the conduct of Supt. A. W. Leech 
and the administration of the affairs of the Yankton Agency: 

1. I charge that Supt. A. W. Leech permits Indians to live in open adultery, 
aud that he encourages those who are legally married to obtain divorces and 
separations. 

Witnesses to above charge: Ed Chamberlain, Henry Wastena, William 
Medicine Horn. 

2. I charge that Roy Bailey, who is reported to be Leech's partner in the 
butcher business, and another white man. went out to buy cattle and imbibed 
too freely, and on the way back with the cattle they trespassed on the garden 
of an old Indian named Maricopa, and when he remonstrated they beat him up 
badly. This matter was brought to the attention of the superintendent, and he 
brought the parties together and made Bailey and the other white man pay the 
old Indian whom they had beaten $5 and shake hands. I chsirge that this 
was treating a serious matter in a frivolous and uncalled for manner, and 
that the offenders should have been tried and sent to jail. 

Witnesses to above charge: Chas. Strieker, Maricopa, Robert Maricopa. 

3. I charge that one of the superintendent's employees came home gloriously 
drunk one morning, and that he was allowed to go about the agency all day 
until he got sobered up. and that the superintendent never bothered him. I 
charge that at other times the superintendent takes pains to have Indians ex- 
amined by a doctor to see if they have been drinking in order that he may jail 
them promptly. 

The first party above referred to was never dismissed and is now on the job. 
His name is Moses Archambeau. When he came home drunk the policeman 
arrested him, but he was turned loose by the superintendent. 

4. I chai-ge that Joe Selwyn, a young man, lived with his aunt, his mother's 
sister, a woman under 30 years of age, and cohabited with her and had two or 
three children by her. This comes under the head of incest. The superin- 
tendent filed a complaint against them after they had two or three children, 
and had one George M. Caster, an attorney, to defend them at the trial. This 
was done to give said Caster some work. I further charge that during the 
prosecution of this case the superintendent advised said Selwyn and the 
woman, Annie Cook, to go and hide their children and not produce them in 
court. This resulted in an acquittal for them, as the children were not pro- 
duced as an evidence of the original association. 

5. I charge that the superintendent and supervisor, A. H. Kneale, rook a case 
of beer away from one Ole Johnson and allowed him to escape. Another case 
of a similar nature was that of Mike Goodness aud Roy Bailey, and there are 
other similar cases. 

G. I learneji as a fact that last fall, Supervisor A. H. Kneale had an affidavit 
already prepared and tried to get one August Diehl to sign same, said affidavit 
being against myself, and that the said Diehl remonstrated about signing it until 
after he had read it, and that after reading it he said he would not sign it, 
saying that nine-tenths of it was untrue. I charge that Supervisor Kneale told 
him he would have to sign it, and that Kneale then left said Diehl, and that 
later he came back and again asked him to sign it. Diehl said. " Old man, I 
respect those gray hairs of yours, but if you ask me again to sign that paper 
I will knock your God damned head off." Notwithstanding this. Kneale again 
asked Diehl to sign affidavit for Leech, and Diehl gave him the same answer 
and said that he would not sign it for Leech or anyone else. 

7. I wish to call the attention of the commission to how a certain :\lrs. Paji, 
an old woman about 80 years old, died in absolute distress althougli she had 
plenty of money in the hands of the superintendent. She iiracricilly starved 
to death. Parties went to the superintendent and asked him for a little money 
for this old woman in order to relieve her distress and they wore refused. 



YANKTON SIOUX AGENCY. 535 

And that finally, on the day the old woman died, the sui)ei'inten(lent sent an 
ajrency doctor out to see the old woman, and he came back .and reported that 
the old woman was not expected to live, whereuiion the superintendent wrote 
out a check for $25, and while a fri(>nd was t.akinjj; the check out to the ohl 
woman she died. INIy witnesses to this statement are Mrs. Zallic J)i1pps, 
Andrew War, and Adam Ashes. 

8. I beg to further call the attention of the connnission to the manner in 
which Snpt. Leech i)uts the schoolboys attendinii the (Government school in the 
agency .iail for petty oflenses, such as throwing stones, etc.. and kee])ing tlumi 
there for days at a time, thus starting them out on a criminal road. I have in 
mind in this connection one David P.ull and Sam Yoimg. who were confined in 
the agency jail for breaking windows for 10 days. Wliile in the jail the win- 
dows of the jail itself were broken, and had it no\ been for the fact that we had 
an open winter these boys would have frozen to death in the jail. I know of 
one instance where a jail window was broken after the boys were i)laced in the 
jail and they were kept in the jail an additional 10 days for this. 

9. I further wish to call the attention of the commission to the scourge of 
trachoma among the Indians and how the children are not cared for with regard 
to cleanliness and hygiene. I have in mind a particular instance which I beg 
to suJHnit, namely, that of six little boys who came into my store at (Greenwood 
on Sunday. March 1. 11)14. in the presence of Mr. A. O. Bonnin and Joe Cos- 
tello. It did iiot require close inspection to see the condition of these boys' 
hands and necks. Their hands were as black as any negro's and covered with 
dirt, and I venture to say that those hands never touclied water since the boys 
went to the school. 

10. I desire to call attention to the condition of the slaughterhouse and the 
water supply from the school, as I have stated before. There Is no improve- 
ment in these conditions and, if anything, they are worse than ever and worse 
than when I called the attention of the commission to them on November 3, 
1913. The health of the people, the Indians, and the school children is im- 
periled and will continue to be so imperiled if no action is taken looking to the 
remedying of these conditions. 

Referring further to charge No. 9 on page 10 of tliis iiaper. concerning tra- 
choma among the Indians, I wish to cite a particular instance: The children of 
Joseph Du Bray were examined by the agency physician and admitted into the 
Government school last year. When these same children came out of the school 
(the (Government school) they were afHicted with traclu)ma. I know this to be 
the case, because tlie same doctor examined them this year and found them to 
be suffering from trachoma, and they were for this reason excluded from the 
same Government school where they contracted the disease. 
Very respectfully, 

J. F. ESTKS. 

Washington, D. C, March 9. lOt/,. 



SUPERINTKNDENT LeECH'S EXHIBIT A. 

Claim Presented to Commission January 21, 1914. 

State of South Dakota, 

Connty of Charles Mix, ss: 

C. F. Pratt, of lawful age, being first duly sworn according to law, s:iys : 
Some time about the 1st of September, 1913, Mrs. J. F. Estes, of (Greenwood, 
called him up over the telephone and asked him to go to Wagner with his 
automobile, which he did. Upon arriving at Wagner he met Joseph Estes in 
front of the ^'era Hotel, who told him to go over to the Haskell Bank, where 
he would meet Thomas L. Sloan. 

Deponent declares that he did go over to the bank, where he saw Sloan, who 
said he wanted to do some traveling siround and asked what the dei)onent 
would charge', and in reply deponent said he would haul them around for $10 
])er day, if they would furnish the gas, which agreement was made. From 
Wagner they went to where Mrs. Shunk was camped and from there to Green- 
wood, and the next morning, about 3 o'clock, they went to Wheeler, where they 
stayed till about 4 o'clock, and from there they went to see two parties north 
of Wagner, where two affidavits were taken from two white men. who were 
told to go to the Haskell Bank at Wagner to have their acknowledgement 



536 YANKTON SIOUX AGENCY. 

taken, iis tliey did not want too many affidavits acknowledged before Estes. 
The next nioriiing sent dejjonent down near Avon to get a man to come ni) and 
make an affidavit about a lease, and about 10 o'clock they all went to Wheeler, 
where they stayed till late in the evening, and then Sloan, Estes, and deponent 
came down to the places of William Totten, Frank Kellison, Lee Hanley, James 
Coffman, and John Ataua. At the Totten place Sloan took a statement from 
Totten, which deponent heard, and deponent is positive, from the conversntion 
afterwards between Sloan and Estes, that the affidavit as written out by Sloan 
was not in accordance with the statement made by Totten, as they tried to get 
Totten to say that Supt. Leech was in partnership with R. D. Bailey in buying 
cattle and in tlie butcher business, and Totten refused to say it, but afterwards 
Sloan and Estes talked the matter over and laughed about it and said this 
statement in connection with an affidavit taken from Ed. Bailey would clinch 
the matter in proving that Supt. Leech and R. D. Bailey were in partnership. 
Advantage was taken of Totten, as he can not read or write. After leaving 
the Totten place they went to Kellison and Hanley's, where they tried to get 
affidavits, but failed. They did get a statement from James Coffman relative 
to being on the black list for leasing land. They then Aveut to Ravinia, where 
Sloan left the party when deponent and Estes went on to Wheeler. 

Upon Sloan leaving deponent at Ravinia he told him that it would be neces- 
sary for a voucher to be sent back for deponent to sign before the money couid 
be paid, as he (Sloan) was employed by the congressional committee. 

Upon Sloan's visit to different parties to obtain affidavits he represented that 
he was a special agent from Washington. Deponent heard him say this 
numerous times. 

Deponent further states that he has never received any voucher to sign or 
any pay whatsoever for the use of the car in hauling the said Sloan and Estes 
around, and that the said Sloan now owes him the sum of $30. 

Deponent further states that he heard Sloan state that he was here in the 
interest of Joseph Estes and was going to oust Supt. Leech. 

C. F. Pratt. 

Subscribed and sworn to before me this 10th day of January. 1914, at Green- 
wood', S. Dak. 

[SEAL.] W. B. McCowN. 

My commission expires December 24, 1916. 



Leech's Exiiikit B. 

Yankton Indian School, 

Grconcood, S. Dak., December 22, WIS. 

Statement by Milton F. Powers. 

State of South Dakota, 

County of Charles Mix, ss: 
Some time during the latter part of August, 1913, Henry Fredericks, a 
mixed blood Yankton Sioux Indian of this reservation, told me that there 
would be a special agent here and he wanted to borrow my car to take him 
around over the reservation, or I could take him myself, and there would be 
some money in it. When tliis man came I found that his name was Thomas 
Sloan and I drove him, Sloan, Henry Fredericks, and Joseph F. Estes around 
for one-half day, when he, Sloan, took some statements from some of the 
older Indians. "l heard him say that he was a special agent and that he had 
a right to go into the agent's office and demand any of the papers and books 
on file there. After driving these people around for a half day I found that 
I could not go any more myself, so I let Mr. Fredericks take the car and he 
was gone four days, and finally he told me that Sloan had left the Yankton 
Reservation. I then asked Fredericks if any arrangement had been made to 
pay me for the use of my car, and Fredericks said that as soon as Sloan got 
home he would send a voucher back and then I would get my money. This has 
never been done and I have never been paid for my car being used. I con- 
sider that my car was worth $30 for the time I drove tliem and the time it 
was driven by Henry Fredericks. 



YANKTON SIOUX AGENCV. 537 

In all the interviews that Sloan had with the old i)eoi)Ie he visited wliile I 
drove them, Mr. Joseph F. Estes acted as interpreter. 

Milton F. Powers. 
Supscribed and sworn to lieforo me this 22d day of December, 1913. 

A. W. Leech, Superintendent. 



Lkecii's KxiiiniT C. 

State of South Dakota, 

County of Charles Mix, us: 
John St. Pierre, of lawful age, lirst being duly sworn, deposes and says that 
about two weeks ago on one Saturday evening about 9 o'clock, September 6, 
3913, one Thomas T. Sloan came to his residence, located on the agency 
reserve, in Greenwood, S. Dak., and among other things said between deponent 
and said Thomas L. Sloan was the following: Deponent asked him if he was 
here on any particular business and he said he was. Deponent asked him 
if he was interested in the Joseph F. Estes business, and he stated that he was 
not, but if he had time he would a-ct as advisor for Joseph F. Estes. Deponent 
asked him if it was anything about a traders' license, and he said there was 
nothing done about that yet, but he would advise Estes to serve an induction 
on Maj. I^eech or the Government, I do not Icnow which, to prohibit them from 
going any further in the matter. Deponent asked him what he thought about 
the trouble between Joseph F. Estes and Maj. Leech, and. he stated that Maj. 
Leech would have to leave here before fall; of that he was positive. Deponent 
asked him if he had any appointment from the Government, and he said that 
he had been a candidate for Commissioner of Indian Affairs, but that he had 
been defeated, and that he had been offered minor appointments, but would 
not accept them. Thomas L. Sloan said that he was an advisor of Joseph 
F. Estes. He claimed to l^e an attorney. 

John St. Pierre. 

Subscribed and sworn to before me this ISth day of September, 1913. 
Yankton Indian School. Greenwood, S. Dak., .^cpfviiihcr 7.S'. 1!)l.i. 

Leech's Exhibit C 1. 

William Bean, sr.. is questioned by Supt. Leech. 

Q. You are the last of the old chiefs of this reservation, are you not'.' — A. 
Yes; I am the last. 

Q. How long have you been chief of this tribe? — A. About 55 years. 

Q. How old are you? — A. I am SO years of age. 

Q. Y"ou probably know these people as well as any man living, do you not? — 
A. Yes ; I know all the older people. 

Q. And you know what is going (m? — A. Yes. 

Q. Do the old people go to you and tell you their troubles and comjjlaints? — 
A. Yes. 

Q. Have you heard any complaint about the mistreatment of the old people 
on this reservation during the last year or two? — A. No. 

Q. Do you know of any suffering among the old Indians that could have been 
avoided? — A. No; I have not heard anything. 

Q. You have been to the ofiiee quite a number of times, have you not? — A. 
Yes. 

Q. Have you ever heard anyone make request for anything and not be given 
proper consideration? — A. No; I never did. 

Q. Were you in this office last Saturday afternoon, September 13. 1913, at a 
council? — A. Yes. 

Q. You asked Supervisor Kneale what he represented? — A. Y'es. 

Q. And then you told why you asked that question? — A. Yes. 

Q. Because you were suspicious of his reason for being on this reservation? — 
A. Yes. 

Q. State why you asked the question and why you were suspicious?— A. 
What made me ask was because in the past when the Republican Party was in 



538 YANKTON SIOUX AGENCY. 

power some one woukl come out bere niid promise us thiugs and then would go 
away and that would be the last we would ever hear of them, and I wanted to 
know If that was what you were going to do. 



Leech's Kxhihit C 2. 

William Bean, sr., is questioned by Supervisor Kneale. 

Q. Am I the flrst man to "come here since the Democratic Party was in 
power? — A. Yes. 

Q. Did you not tell me that an inspector was to your place a few days 
ago? — A. Yes; you came first and the other man afterwards. About three 
days after you were there four men came to my house; they were Joseph F. 
Estes, Henry Fredericks, Milton Power, and another man. but I do not know 
what his name was. 

Q. Describe that other man. — A. He was a big man and an Omaha. 

Q. What was said to you at that time?— A. They were visiting an old hidy, 
P>rownthunder, and got her to say something, and Avhat she said was all taken 
down on a paper, and they brought this letter to me and asked me if what she 
said was right or wrong. Every word the old lady said was taken down, and 
they asked whether she was telling the truth or not. The letter stated that 
on New Years, or the last of the year, was the last help she got from the 
office on the $10 monthly payment. Another place she stated that old Brown- 
thunder's estate was divided between two heirs, herself and a grandchild, and 
if this estate was divided I should have some money; and she said that when 
she went down to the agency she thought she was to get a monthly payment, 
but was told all the time that there was no authority there, and since she had 
no help from the office since the first of the year she would get pretty 
hungry, and if it had not been for William Beau, sr., whom she calls son, she 
would"' have starved to death. After they got through reading this to me, he, 
the big man, asked me if it was true, and this is the way I answered : I told 
him that the agent did not have any authority to issue money ; that he would 
have to get authority from the department first ; that this estate was divided 
long ago and she had her share, and I did not blame our agent for this at all ; 
that our agent is always trying to get things through, but that the department 
is slow. That is all I have answered. 

Q. What did they say to you then? — A. The big Omaha man said that the 
department was not to blame, but that all the work is done in this office here. 
I then told him about this old lady, Brownthunder, coming to visit at my place, 
and said that when anyone came to my place about mealtime we always invited 
them to eat. That is all. 

Q. Did this Omaha man tell you this office was to blame for people not 
drawing more money? — A. Yes . 

Q. Who did the interpreting?— A. Joseph F. Estes. 

Q. Did this man say he was special agent from the Secretary's office or from 
the Indian Office"? — A. I do not know what he said about that as he spoke in 
English, and I could not understand, but the interpreter said that he was a 
special agent or inspector who had come. What made me ask you what you 
represented was because in the past there have been fellows come here and 
said they were sent here; not only this big Omaha man, but others as well. 
When I "spoke to you our agent was not present. This Omaha man wanted 
to get me to tell him things and I did not tell him anything that was wrong. 

By Supervisor Kneale : 
I do not believe there is anything to hide against the agent or anyone else. 
If you know anything against any employee I would like to have you tell me 
and the agent would also. I tell this to you as a chief, and I know you would 
tell the truth. If I told this to some foolish person they would at once make 
up something to tell me. 

By William Bean, Sr. : 
I have been here for the last 49 or 50 years, and I have heard many things, 
and I do not go around and tell them, and I have advised these people to do the 
same. 

Yankton Indian School, Greenwood, S. Dak., 

September 16, 1913. 



VAXKTON SIOUX AGENCY. 539 

K.sTKs's I<:xnii;iT I). 

I'NiTKu States Senatk. 

Cu.Nl.MI 1 11 K U\ I''(.'i;i ,ST lil-SKKVATlON.S AND TIIK TKOTECTION OF GAME. 

February 23, J9tJ,. 
Hon. Joe T. Robinson. 

Vhuirnutn of Indian Commission, Senate Office liuiUling. 
My Deak Senator : I I)og to transmit herewith for your consideration a com- 
munication from Mr. J. F. Estes. of (Troonwood, S. Unk., together with certaiu 
inelosures. as mentioned by him. 

Bespeakinj: for tlie inatt(>r he presents your careful attoiition. I am. 
\'ery ti'uly. yours, 

IIarijy Lane. 

(Jheenwood, S. Dak.. Fcbrnanj 17. JDI'i. 
lion. IIakry I.ane. 

United Statcft Senator. Wa.stiington. D. C. 

My Dear Senator : I take the liberty in inclosing to you herewith a copy of 
the minutes and proceedings of a general council of the Yankton Band of Sioux 
Indians, of Charles Mix County, S. Dak., held at Greenwood, S. Dak., Janu- 
ary 17, 1914. and also a cop.y of a letter addressed to the honorable Commis- 
sioner of Indian Affairs by Supt. A. W. Leech with reference thereto, which is 
self-explanatory. I have in my possession a petition signed by 200 adult 
members of the Yankton Band of Sioux Indians and addressed to the hon- 
orable Commissioner of Indian Affairs with regard to these fictitious allotments 
mentioned in the minutes and proceedings, of wliich also a copy is inclosed 
herewith. This matter has engrossed the attention of the Yankton Indians 
for some years back, and as the honorable Commissioner of Indian Affairs is 
likely to submit this matter to the present Congress, if he has not done so 
already, we. the majority members of the Yankton Indians, earnestly desire 
to present our views in the matter before any definite action is being taken. 
And while we can submit some things in writing, yet there are certain phases 
of the matter which are better presented in perso)i. You will note that Mr. 
Simon Antelope, Mr. De Witt Hare, and myself are elected delegates to pre- 
sent and prosecute the wishes of the Yankton Indians. 

Will you not take this matter up personally with the honorable Commissioner 
of Indian Affairs and urge upon him the necessity of this delegation coming to 
Washington. 

In this cfmnection I desire to know what, if anything, the Commission to 
Investigate Indian Affairs has done with regard to the statements I submitted. 
Very respectfully, 

J. F. Estes. 



1'ankton Indian School, 
dreenicood. 8. Dale. Fehruary I'l, 191',. 
Commissioner of Indian Affairs. Wasliimjton, D. C. 

Dear Sir: I am transmitting herewith a document purporting to be a record 
of the proceedings of a council of the Yankton Sioux Indians held at this 
agenc.v on January 17, 1914, and wish to be advised as to whether the ofhce 
deems it advisable at this time for the delegation selected to visit the department 
and present their business in i>erson. 

In connection hei-ewith I desire to refer the office to my letter of July 8, 1913. 
land allotments (J4(il2 1913, C. B. F., in which I made a detailed report of the 
proceedings concerning the investigation into the claims of certain persons 
enrolled here to allotments, and to the cancellation of certain double and ficti- 
tious allotments on this reservation. 

It appears that a misunderstanding arose as to the action taken by the 
council held on July 3, 1913, and accordingly other councils were held at which 
no action of any kind was taken until the one called for January 3, 1913. 
which was attended by SO members of the tribe. At this council it was voted 
to allot Mary Zephier, Willis Zephier, Narcisse Drapeau. Louis Di-apeau, Frank 
Drapeau. and ]\Iary Goodteacher. The claims of Coleman Goodteacher and 
Josephine Parent for allotments were voted down. The council then adjourned 
without further action. 



540 YAXKTON SIOUX AGENCY. 

The parties who were opposed to the allotment of any persons here held sev- 
eral meetings at private houses, where the subject was discussed, and it was 
suggested that another council be called to take further action on the matter. 
I therefore called a council as indicated by attached notice. This council was 
held on day named, and I am informed that there were in attendance 91 adult 
males. As I was not liere. I can not say from personal knowledge that the 
action of the council is correctly represented by the inclosed statement, but I 
presume and have reason to believe from the certificates of the chairujan and 
secretary that such is the case. 

The council held May 3, 1913, was attended by 102 adult male members (see 
my letter of July 8, 1913), which was the largest attendance of any held to 
discuss this subject. The usual attendance was from SO to 90. 

I have no desire to oppose the wishes of the tribe in this matter, however, 
and since the meeting of January 17 was regularly called, although the pur- 
pose of electing delegates was not mentioned. I am submitting the whole mat- 
ter to the office and would like to be informed as to the wishes of the depart- 
ment to receive this delegation and ask what disposition can be made to defray 
their expenses. 

Very respectfully, 

A. W. Leech, SapenntcndGnt. 



Notice. 



There will be a meeting of all members of the Yankton Sioux Tribe at 
Greenwood, S. Dak., on Saturday January 17, 1914, for the purpose of completing 
all unfinished business. Everybody requested to be present. 

A. W. Leecpi, Superintendent. 
January 30, 1914. 

Wayaotaninpi. 

Tokata owankayujajapi, January 17, 1914, kinhan Greenwood, S. Dak., ed 
Ihanktonwan Oyate Omniciye Kta, qa hekta omniciye qonhan taku yustanpi 
sni kin hena yustanpi kta. Owasin omniciye ed u po. 

A. W. Leech, superintendent. 



Minutes of a General Council of the Yankton Band of Sioux Indians of 
Charles Mix County, State of South Dakota, held at Greenwood, S. Dak., 

ON THE 17th day OF JANUARY, 1914. 

Due notice having been given of the said council by Supt. A. W. Leech, a 
copy of. which is attached hereto and made a part of the proceedings hereof, 
and a majority of the male adult members of the said Yankton Band of Sioux 
Indians who are entitled to sit in the council of the said band having met in 
council at the time and place first above mentioned, the following proceedings 
were had : 

Alexander Horned-Eagle was elected chairman of the said council, and Joseph 
Grabbing-bear as secretary, respectively, thereof. 

The object of the meeting of the council was then stated by the said chair- 
man, Alexander Horned-Eagle, and the said published notice attached here- 
with was then read, and it was for the purpose of taking into consideration 
the matter of selecting delegate or delegates to represent the Yankton Sioux 
Band of Indians befoi'e the proper tribunals or authorities in the city of Wash- 
ington, D. C. ; and that this is the unfinished business referred to in the said 
published notice by the said Supt. A. W. Leech; and that the purpose for 
which these delegates are to be selected and elected is to appear before the 
proper tribunals or authorities in the city of Washington, D. C, and there 
present the wishes of the said Yankton Band of Sioux Indians with regard to 
what is conmionly known as " fictitious allotments " ; and that it is the wish of 
the said Yankton Band of Sioux Indians that the said fictitious allotments be 
sold and the proceeds thereof be apjiortioned among the members of the said 
Yankton Band of Sioux Indians share and share alike. 

After a thorough discussion it was unanimously agreed that the said general 
council was a duly and authorized council and that every member present 



YAXKTON SIOUX AGENCY. 541 

agreed by a risiu^ vote to abide by and support its decisions thereof; and Uiat 
the following resolutions were offered and adopted by the said council : 
Whereas, that there exist some lands on the Yankton Indian Kesorvation. 
which has been erroneously allotted to never existed persons during the time 
when allotments were made to the Yankton Band of Sioux Indians; and 
Whereas, that at the time of such allotments the said Yankton Indian Reserva- 
tion was held in connnon by the .said Yankton Band of Sioux Indians as is 
shown by the Yankton Sioux treaty of August 15, 1894, wherein the said 
Yankton Band of Sioux Indians sold, ceded, and relinquished to the Govern- 
ment of tli(> TTnited States all iniallotted lands within the said Yankton In- 
(li.in Beservation, wiiich agreement was had after a majority of the adult 
members of the said band had signed ; and 
Whereas, that since these said fictitious allotments could not be considered 
allotted nor sold, ceded nor relinquished to the Government of the United 
States since they were covered by allotments to jiersons never existed, there- 
fore not included, in the surplus lands sold, ceded, and relinquished to the 
Government of the United States: and 
Whereas, that there have been some allotments made to members of the said 
Y'ankton Band of Sioux Indians who have relinquished the same and took 
allotments on other Indian reservations: Now. therefore be it 
Ri't'olvcd hji the Yankioit Band of Siou.v Indians of Charles Mix- County. 
State of South Dakota, in general council asseniMed, That it is the wish of the 
said Yankton Baud of Sioux Indians that all of the said fictitious allotments 
and relinquished allotments be sold to the highest bidder and the proceeds 
thereof be deposited in the Treasury of the United States to the credit of the 
individual members of the said Yankton Band of Sioux Indians and the same 
apportioned and paid to each member share and share alike: 

Be it further resolved, That Simon Antelope, Joseph F. Estes. and De Witt 
Hare, members of the said Yankton Band of Sioux Indians, be, and they are 
hereby, aitpointed as delegates, agents, and our representatives, and that they 
proceed to the city of Washington, D. C, and there our delegates, agents, and 
representatives shall look after and prosecute before the proper tribunals and 
executive offices the tribal Imsiness of the said band. 
The council then adjourned without day. 

CERTIFICATE OF THE CHAIRMAN AND THE SECRETARY. 

We, the undersigned, chairman and secretary of the council of the Yankton 
Band of Sioux Indians of Charles Mix County, State of South Dakota, do 
hereby certify that the council, the foregoing of which is a report, was called, 
constituted, and held according to the tribal customs of the said band of 
Yankton Sioux Indians, and that it was according to the published call of our 
superintendent, A. W. Leech; that there were then there present and taking 
part in the said proceedings a majority of the male members of the said 
Yankton Band of Sioux Indians entitled to sit and take part in the councils 
of the said baud: that the resolutions contained in the said report of the pro- 
ceedings of the council represents the wishes of the said band as stated in the 
said council. 

Alex. Horned-Eagle, Chairman 
Joseph Grabbing-bear. Secretary. 
State of South Dakota, 

County of Charles Mix: 
The undersigned being first duly and solemnly sworn on their oath depose 
and say that they were present at the council, the foregoing of which is a 
report: that said report is true and represents the wishes of the said band of 
Yankton Sioux Indians as expressed in the said council. 

David Bee. 
Andrew Garfield. 

Subscribed and sworn to before me this the 2.3d day of January. 1914. 
[SKAi..] Joseph F. Estes. yotary Puhlic. 



542 YANKTON SIOUX AGENC?. 

( Copy. ) 

Yankton Indian Training School. 

Oreenwood, S. Dak., January JO. 19 1.'/. 
IIou. Commissioner of Indian Affairs. 

WaHhington, D. C. 

Sir : We, the undersigned members of the Yankton Band of Sioux Indians, of 
Charles Mix County, S. Dak., do hereby most respectfully address you to say: 

First. That we protest against the council proceedings held at the Yankton 
Agency, S. Dak., on January 3, 1914, wherein there were present only 75 mem- 
bers of the said band of Yankton Sionx Indians, and that only a majority 
of those present voted in favor of reallotting what Is known as " fictitious 
allotments " on the said Y'ankton Indian Reservation. We would cv.Yi your at- 
tention to the fact that at a previous council duly called and held, wherein there 
were present about 120 members of the said band, and that these fictitious allot- 
ments were then under discussion, which council and proceedings thereof have 
been duly reported to your office by our Supt. A. W. Leech, with such comments 
as the said 120 members present were the most that he has been able to get 
together since his incumbrance into office here; and that the same was a fair 
representation of the band ; and that the said council then agreed to sell the 
said fictitious allotments and distribute the proceeds thereof to each member of 
the said band pro rata. 

We contend and submit it to yoii that what the ma.iority (120) did then could 
not be rightfully undone by a minority as is the fact in this case. 

Second. We hereby protest against the members of the competence commis- 
sion, who have passed upon the competency of the members of our band, for the 
reason that most of the members of the said commission, if not all, are them- 
selves not competent and, therefore, not qualified to pass upon the competency 
of the others. We, therefore, respectfully request that the matter of the selec- 
tion of a competence commission to pass upon the competency of the members 
of oui" band be submitted to the band. 
Very respectfully, 



Leech's Kxhibit D. 

State of South Dakota. 

County of Charles Mix. ss: 
Arthur Stone, of lawful age. first being duly sworn, deposes and says: That 
he is a member of the Y^ankton Sioux Tribe, residing on his allotment near 
Lake Andes S. Dak., and on Monday. September S. 1913. while he was in the 
town of Lake Andes he met Joseph Estes, Thomas L. Sloan, and Henry Fred- 
ericks, and in conversation with the said Henry Fredericks deponent asked 
the said Fredericks who the said Thomas L. Sloan was, and the said Fredericks 
told deponent that he. Sloan, was a special inspector, appointed by the Indian 
committee to visit the Yankton Indian Reservation and make investigations. 
The deponent further stated that Fredericks told him, deponent, that when 
Sloan questioned the Indians that if they did not tell him the truth and what 
they knew that he would have them arrested and put in jail. 

Arthur Stone. 

Subscribed and sworn to before me this IGth day of September. 1913. 
[seal.] E. Benjamin, Notary Public. 



Leech's Exhibit E. 

Statement of Ikonbear Relative to Purported Statements of Affidavits 
Made by Him to Thomas L. Sloan at the Yankton Indian Agency on a 
Date Sometime Near September 8, 1913. 

Q. Ironbear, did you have a talk with Thomas L. Sloan and J. F. Estes when 
Sloan was here about two weeks ago? — A. I heard that Sloan and Estes were 



YANKTON SIOUX AGENCY. 543 

out to my house, but I w;is not at bouio, but Sloan talked with my dauf,'bter, and 
took out a paper and read it to her, statini: tliat some one had reported that 1 
was worthless and had no horses or cattle or anything; that is what she said. 

Q. This young woman to whom he was talking was your daugliterV — A. Yes. 

Q. At whose houseV — A. I heard that a young woman made the rejjort tliat 
I was talking witli T. L. Sloan. 

Q. Did you tell Thomas L. Sloan at your house or any house or the house 
of J. F. Estes or any other place that I had told you tliat if you did not go 
to Lake Andes and make an affidavit before Caster about Estes that I would 
put you in the guardhouse"? — A. No: T heard he was out to my place, and T 
was down m the river bottom, and I aflei'wards weiil up to the store, but I 
did not have any talk. 

Q. Did I ever tell you that if you did not go up to l^ake Andes and make an 
affidavit against Estes before Caster that 1 would i)ut you in the guardhouse? — 
A. No ; you never did. 

Q. Tell Ironbear that I am not bringing him here to find fault with him nor 
to scold him, but that I always hear lots of things and I want to find out about 
them. — A. I am not afraid of anyone scolding me, as I was here on this land 
a long time before the white man ever came here. 

Q. Did I ever say anything about your going to Lake Andes? — A. No. 

Q. Did you tell T. L. Sloau that when Caster was to be paid that you came 
to me about it and that I would not pay it? — A. No; I did not. 

Q. Did you tell T. L. Sloau that you came to me and I said it was none of my 
business and I would not pay it? — A. Maybe. 

Q. Did you tell Sloan that you came to me and spoke to me about paying 
you for going to Lake Andes to make an affidavit? — A. No. 

Q. Did Caster tell you to come to me and I would pay you for making affi- 
davits? — A. We did not sign any papers up there. 

Q. Did Caster tell you that I would pay you for going up there? — A. Yes. 

Q. That I would pay you for going up there and making affidavits? — A. I 
asked him for money and he told me to come to the agent. I had Frank 
Obeshaw for interpreter. 

Q. Did you ever come to me and say anything about going to Lake Andes to 
see Caster? — A. No. 

Ironbear (his X mark). 

Subscribed and sworn to before me this 22d day of September, 1913. 



Yankton Indian School, 

Greenwood, S. Dak.. September 22, 1913. 



Leech's Exhibit F. 

State of South Dakota, 

Coiiiiti/ of C]i dries Mhr. sk: 
Minnie Taji Kealcar, of lawful age. lirst being duly sworn, deposes and says 
that she is the divorced wife of Henry Kealear of this reservation, and that 
recently, when Thomas L. Sloan was at this agency, that he and J. F. Estes 
went out to her place to see her, but failing to find her at home they left, 
and she afterwards went to the Estes home to find out what they wanted. 
The deponent further declares that in the conversation with the said Sloan 
she told him that she had been separated from her husband, Henry Kealear. 
and that he refused to acknowledge or support the last child by her, but that 
she did not say anything directly or indirectly to the effect that the superin- 
tendent of the Yankton Agency interfered with her family affairs to induce her 
husband to leave her. and that she signed no statements or affidavits to that 
effect. 

Minnie Paji Kealear. 

Subscribed and sworn to before me this L;2d day of September. 3913. 



Yankton Indian School. 

Greeiiirooil. S. Dal:., Septetnher 22. Hi 13. 



544 YAXKTON SIOUX AGENCY. 

Leech "s Exhibit G. 

State of South Dakota. 

County of Charles Mix, ss: 

Henry Fredericks, a member of the Yankton Sioux Tribe of Indians, being 
of lawful age, first being duly sworn, deposes and says that he met T. L. Sloan on 
Saturday, September 6, 1913, and that he invited him up to his house and had a 
talk with him, and in their conversation he i^howed the said Henry Fredericks 
his (Sloan's) authority and told him what he was out there for, saying that 
he was employed by tlie congressional committee. Mr. Sloan asked the de- 
ponent, Henry Fredericks, to drive him out smd the deponent did. Mr. Joseph 
F. Estes was along all the time that they were out, which was about two 
and one-half days. During this time they drove to Ironbear's place, Wagner. 
Ravinia, Lake Andes, and Adam Hero's place and Frank K. Lambert's, and 
then back to Lake Andes, and then to the county line looking for Adam Hero: 
and from there back to Greenwood by way of Wagner. They were also at 
William Bean, sr.. Old Lady Brownthunder's. 

On this trip with Thomas L. Sloan, he, Sloan, showed the deponent, Henry 
Fredericks, his papers of authority and told him that he was after the agent, 
Mr. Leech. During the trip the deponent, Fredericks, did about one-half of 
the interpreting and My. J. F. Estes did the other half of the interpreting. 
In Mr. Estes's interpretation he told the Indians that Mr. T. L. Sloan was 
an inspector or special agent. 

The deponent further declares that he himself had no personal grievance 
against the superintendent of the Yankton Agency, S. Dak., whatever. 

Henry Fredericks. 

Sub.scribed and sworn to before me this ISth day of September, 1913. 

Albert H. Kneale, Supervisor. 

Greenwood, S. Dak., September 18. 1913. 



Leech's Exhibit H. 

Department of the Interior, 
United States Indian Service. 

Yankton Agency, 
Greenwood, S. Dak., February 9, 191'i. 
Hon. Joseph T. Robinson, 

Chairman Senate Co)nmittee on Investigation of Indian Affairs, 

Washington. D. C. 
My Dear Senator : I am back home, and will at once prepare and forward to 
you a complete history of the Adam Hero case. This report will probably leave 
here the last of this week. I will also have prepared and forward to you the 
agency physician's report on the location of the R. D. Bailey slaughterhouse 
with reference to the water supply of the agency and school. 

This slaughterhouse wns located where it is several years ago while Evan W. 
Estep was superintendent here and was here during "the remainder of his ad 
ministration and that of his successor, Walter Runke, and, so far as I know, 
this question was never raised before. 

I wish to make a correction in the written statement made to you while I 
was in Washington. It is on page 2. The balance on hand July 1, 1912, of 
individual Indian money was $582,734.17 instead of $58,273.17. The figure "4" 
was omitted. 

In thinking over the statement made before the committee relative to the 
sale of stock at this school will say I had in mind at the time the sale of hogs. 
AVe have sold some other stock through advertisement at public auction. How- 
ever, all sales have been made in accordance with Indian Office regulations. 
Trusting that these corrections will appear in the record, I am. 
Very truly, 

A. W. Leech, Superintendent. 



YANKTON SIOUX AGENCY. 545 

Fkbruaky 18, 1914. 
Mr. A. W. Leech, 

Superintendent Yankton Agency. Greenwood, S. Dak. 
My Dear Sib: I niii in receipt of your letter of the 9th instant. The cor- 
rections you request shall accordingly be made in the written statement sub- 
mitted to the commission. 
Yours, truly, 

JoK T. Robinson, Chairman. 



Leech's Exhibit I. 

Department of the Interior, 
United States Indian Service, 

Yankton Indian School, 
Greenwood, 8. Dak., February Iff, 1914. 
Hon. Joe T. Robinson, 

Chairma/n Investigating Committee, Wa.^hington, D. C. 
Dear Sir: In compliance with my promise to furnish a detailed statement 
relative to the taking of Adam Hero, a Yankton Sioux Indian of this reserva- 
tion, from the competent list, and other matters pertaining to leasing his land. 
I have the honor to submit the following : 

In September, 1911. Adam Hero leased his land to William F. Shiefer for 
two years, from March 1, 1912, to March 1, 1914. A copy of this lease was 
sent to the Indian Office on October 18, 1911. The consideration for this lease 
was $330 per year. On September 14, 1911. Adam Hero signed receipt for $540 
as rental payable in advance. Following is copy of receipt: 

Ravinia, S. Dak., September 1.',, VMl. 
Received of William F. Shiefer $540.00 for rental 1912 and 1913. fm- N/2 
NW/4 section S, and S/2 SW/4 section 5, township 96, range 64. 
$540. 

(Signed) Adam Hero. 

This above transaction occurred before my assuming charge at this agency. 
On August 3, 1912, Adam Hero came to my office and handed me the following 
letter, which he had had written for him by Rev. .7. P. Williamson, Presby- 
terian missionary at this agency. 

Maj. Leech. 

]My Friend: I can not get the Inteiijreter to come and so I got a paper to 
ask you please collect the money for my rent and give to me. I want some 
things and I want to go to the big meeting at La Plante. 

(Signed) Adam Hero. 

August 3, 1912. 

It seemed that there was some kind of a meeting of the Indians to be held 
at the Cheyenne Reservation, and Adam Hero wanted the money with which 
to attend this. Upon questioning Hero, he informed me that there was yet 
due him the sum of $157.50, and as I had no means of knowing how much had 
been paid him 1 wrote the following letter and gave it to him to deliver to 

Mr. Shiefer, the lessee. 

Yankton Agency, 
Greenwood, 8. Dak., August 3, 1912. 



Mr. WiELiAM F. Shiefer, 

Ravinia, S. Dak. 
Dear Sir • Adam Hero complains that you have not paid him the lease money 
due him March 1, 1912, amount $157.50, and if this is the case, you will please 
pay him the money at once. ^ ^,^^^^^^^^ ^^^^^^ ^.^^^^_ 

At this time Mr. Shiefer was away in Minnesota and his affairs were in the 
hands of Mr. Wehde, who was assistant cashier of the Ravima (^- l^''lv.i- 
State Bank Mr. Wehde called me up over the phone and we arranged that he, 



546 YANKTON SIOUX AGENCY. 

Wehde, would pay Adam Hero the amount as asked for by him. Later I re- 
ceived the following letter from Mr. Wehde : 

Ravinia State Bank. 
Ravinia, 8. Dak., August 20, 1912. 
Mr. A. W. Leech, 

Supt. Greemcood, S. Dak. 

Sir: I find according to receipt that Adam Hero was overpaid on his rental. 
Now, I advanced this last amount of $157.50, and if you v/ill recall our talk 
over the phone just prior to the time I paid him, you thought it would be all 
right to pay him, and if he were overpaid you would try to get a refund for 
me. So if there is a possible chance for me to get it back, I wish you would 
urge him ou, as I could use the money to good advantage before he would have 
another rental due him. Adam Hero tried to obtain money on this lease several 
places, so I settled for tenant as per your order. 

(Signed) H. A. Wehde. 

About this time Mr. Wehde came to this office and produced a receipt for 
$540, previously mentioned. It will thus be observed that with the $540, 
amount of receipt, and the $157.50 paid him by Mr. Wehde, that Adam Hero 
i-eceived the sum of $097.50, or $37.50 more than the amount due him for 
two years' rental at $3."0 per year. Shortly after this, Adam Hero went to 
Lake Andes, S. Dak., where Harry Hardman, an attorney there, made oijt a 
lease on his land to J. El. McFarland and paid him $100 in "advance. This lease 
was for the year 1913, and when it was sent to this office for approval it 
was re.iected. because the lease of Shiefer, on which Adam Hero had overdrawn 
the rental to the amount of $37.50, covered a i)eriod of more than a year yet, 
and the same time for which this lease of McFarlands. as above mentioned, 
was drawn. Harry Hardman then endeavored to get back the money advanced 
by him to Adam Hero, but he (Hero) had already spent $40 of it. In the light 
of the above transactions it was thought that it would save this ofhce a lot of 
annoyance if Adam Hero was taken off the competent list and his rental money 
collected through this office. So, accordingly I wrote the Indian Office as 
follows : 

Yankton Agency, 
Grccna-ooa. S. Dak.. October S, 1912. 
Commissioner of Indian Affairs, 

Washirigton. D. 0. 

Sir: I have the honor to recommend that Adam Hero, .59 years old. allottee 
Xo. 943, be removed from the list of competent Indians and placed on the list of 
noncompetents. Adam Hero made a lease on his land for two years, beginning 
March 1, 1912, to William F. Shiefer, and he receipted for the rental of this land 
$540, and he has now overdrawn his rental $37.50. yet he later came to this 
office and told me that he had only received a small amount of the rental. This 
lease had one year to run yet. and" on October 1, 1912. he made another lease for 
the season of 1913 to J. E. McFarland. I inclose a copy of this lease. McFar- 
land had paid him $100 on this proposed lease. Adam Hero can neither read nor 
write nor si)eak the English language. I think for the above reasons that he 
should be removed from the competent list. 
Very respectfully. 

A. W. Leech. Superintendent. 

The Indian Office, under date of October IS, 1912. C. F. A., approved my rec- 
ommendation and recommended that Adam Hero be taken off the competent list, 
which action was approved by Lewis C. Laylin, Assistant Secretary of the Inte- 
rior, on November 7. 1912. Later when it was found that Shiefer had subleased 
the Hero land, contrary to Indian Office regulations, his lease was canceled for 
the year 1913, according to the following notice : 

Yankton Indian School. 
Greenirood. 8. Dak.. December 9, 1912. 
Mr. William F. Shiefer. 

Lake Andes. 8. Dak. 
Sir: This will inform you that I have canceled your lease on the Adam Hero 
allotment for the reason that you have subleased the land. 
Very respectfully, 

A. W. Leech, 8uperinicndent. 



YANKTON SIOUX AGENCY. 547 

Ou the same date— DccemherO, 10]2— the Indian Ollice \v.:s notified as follows: 

Yank ION Indian Sciiooi.. 
(Irvcnwood. H. I)<tk.. Dcccmhrr f). 1912. 

OOMMISSIONEK OF INDIAN AFFAIRS. 

]Va.'<liiiigton. D. V. 
Sir: 1 have the honor to advise j-on th;it I liave this dny cancele<l the lease on 
Adam Hero allotment to William F. Shiefer. for the reason that the lessee had 
snhleased this laud. This lease was snhmitted to your office Octoher IS, 1911, 
as a competent lease. 

Very respectfully, 

A. \V. Lfkcii. 8ui)('riiitcii(lenl. 

After the canceling of the Shiefer lease, Harry Il.-trdiuan made out a new 
lease between Adam Hero and J. K. McFarland. in which the consideration 
was $2G2.r)0. This lease was for a period of two years instead of three years, 
;is will be noteil by consulting Hardmau's letter, which is inclosed herewith. 
This lease was made out:, as a noncompetent lease, in which the money was to 
be paid into this office. In addition to the amount of !)>2(j2.50, McFarland paid 
to Harduijin the $40 which Hero had received on the lease that was re.iected. as 
previously mentioned. Hardmau was also paid the $37.50 which Weiide over- 
l>aid Adam Hero, as previously mentioned, and the amount was turned over to 
Wehde. In March, 1913, McFarland turned into this office $262.50. which was 
])laced to the credit of Adam Hero. March 19, and since paid over to him. to- 
gether with $142.50 he deri\ed from the jiroceeds of a land sale, making $405 
paid out to him during the past year. (If desired, copy of our record will be 
furnished. ) 

It will thus be seen that Adam Hero received the following amounts during 
the past year: $262.50 from McFarland; $40. which he collected and spent from 
the first lease drawn; $37.50, the amount which was overpaid to Hero on pre- 
vious lease; making a total of $340. or $10 more than the amount for which he 
reuted his land to Shiefer. Adam Hero had no ground for complaining. The 
office here has been to considerable trouble tr.yiug to straighten out the tangle 
in which he got his affairs while he was on the competent list, and while the 
case is a complicated one, because of the unreliability of the actious of Hero him- 
self in collecting money which should not have been paid him and for the en- 
deavors of the office here to ad.iust the matter in fairness to both sides. As to 
any other money that might have been paid to Harry Hardman by McFarland 
I have no knowledge other than what is contained in his letter which is iuclose<^l 
herewith. Hardman has acted as McFarlamfs attorney, and if he charged for 
his services that is his private business. If the McFarlands have ever had any 
trouble they have never come to me with it. They did not come to this office 
when they wanted the Hero lease, but went to Harry Hardman to get him to 
do their business for them. If they had not been satisfied with the arrangement 
of their lease they could have taken up the matter here at this office, where it 
would have been adjusted. If they had not wanted to pay Hardmau for trans- 
acting their business for them they could have come to this office and transacted 
it themselves without any charge. Both McFarland and Hero signed this lea.se, 
and the matter has been explained to Hero several times, but he does not seem 
to want to understand it. Harry Hardman is a young attorney living at Lake 
Andes, 22 miles north of this agenc.v. He is married to a mixed-blood Yankton 
Sioux Indian, and was formerly a clerk at this agency. During the administra- 
tions of Estep and Runke, and the first year of my administration here, there 
was no farmer stationed at Lake Andes, and many of the Indians of that 
vicinity went to Harry Hardman to get him to transact their business for them 
rather than come to the agency. This is the way Hardman became involved 
in the Hero affair. Mr. Harry Hardman is an honest, straightforward young 
man and has always borne a good reputation in the community in which he is 
living, and I have never seen anything to indicate to the contraiy. 

Instead of permitting Hero to be punished for acceiiting money on a lease 
covering a period for which he had already leased his land and accepting pay 
this office went to considerable trouble to adjust the matter so that no one would 
suffer thereby, and the only reason for recommending that he be taken from 
the competent list was that no further complications of this kind might arise. 
I am inclosing letters from Harry Hardman and Ernest Benjamin covering 
this particular deal, and would state that Mr. Benjamin is the farmer stationed 
at the Lake Andes district at the present time. 



548 YANKTON SIOUX AGENCY. 

Trusting that this will clear up the Adam Hero matter in a satisfactory man- 
ner and assuring the committee if there is anything that is not thoroughly 
undei'stood, I will be pleased to make further explanations, I am. 
Very respectfully, 

A. W. Leech, Superintendent. 

Depaktment of the Interior, 
United States Indian Service, 
Lake Andes, 8. Dak., March 26, WIS. 
A. W. Leech. 

Supermtdident, Greenwood, S. Dak. 

Sir: I have your letter of March 24, relative to the lease ou the allotment of 
Adam Hero. Adam understands all about the matter, has had it explained to 
him probably 10 times. He had a two-year lease with Scheifer, which was to 
run out March. ]914. He drew his rental for two years in advance and then 
came into the office and told Mr. Leech that he had not received all of last 
year's rent. I telephoned to the man who had a lease on his land and told him 
to dig up. It seems that Schiefer had subleased the land and the man who 
was farming the land paid him $157.50. He had already received from 
Schiefer and had receipted to him for the full two years rent, excepting .$120 
still due on the second year's rent. Because Schiefer had subleased the land 
I canceled the lease and before or about that time Adam Hero went up to 
Lake Andes and made a competent lease to another party for 1913 and they 
paid him $100 in advance. I at once telephoned to Hardman and he got $60 
of that money returned. Then I told Hardman to make a lease to the same 
man and to hold out $37.50, and $40 out of the consideration on the new lease 
to be made as a noncompetent lease. So the rental received was $340. 

Then Schiefer came back froai Minnesota and went down to see Adam Hero 
about getting his team back. They called at this office and wanted me to set- 
tle the matter and I told them that I did not want anything to do about the 
matter. I told Adam that he did not have to give up the horses and I also told 
Schiefer that he had to settle with the man who lived on his place for what 
money he paid Hero if he settled with Hero. Schiefer receipted for the return 
of the rent from Hero for the year 1913 in full and paid into the bank for 
Hero $100 and made same payable to me. I have paid Hero his money as he 
wanted it, $25 per month. He understands the whole thing as near as he can 
understand anything. Explain it all to him and see how long it will be before 
he is back and wants you to explain it again. 
Very respectfully, 

E. Benjamin, Farmer. 



Lake Andes, S. Dak., February 9, IdlJj. 
Mr. A. W. Leech, 

Superintendent, Greenwood, S. Dak. 

Dear Sir: Replying to your favor of the 6th instant, with reference to a 
certain lease between Adam Hero and J. E. McFarland which was drawn up by 
me, will state that I am willing to give you such information as you might ask 
if it is within my power to do ; at the same time I can not conceive what busi- 
ness it is of anyone's what transpired between myself and J. E. McFarland or 
his brother, W. I. McFarland, or anyone else. If it will be of any benefit to you, 
I am more than glad to tell you all that I remember about it and will grant 
you the privilege of using the letter. 

In the first instance I made a lease between these parties after phoning to 
the agency office, upon their recommendation, and paid Hero a considerable 
sum of money on the lease, as he was then on the competent list, and this was 
the manner in which these transactions were made. When the lease reached 
the office at Greenwood it was returned to me with the information that there 
already was an existing lease on the land, and that it was leased for the 
ensuing year. I tried to get the money back from Hero, but Hero had used 
the greater share of it, and after making several trips to Hero's. Greenwood, 
Wagner, and Lake Andes, etc., by auto, I finally obtained the lease which is 
now on the land with J. E. McFarland. The $37.50 referred to was paid to 
H. A. Wahde, of Ravinia, S. Dak., and was for a note which Adam Hero gave, 
or else for money advanced by the renter of Schiefer; at any rate. Hero directed 
me to pay this, which I did. The $40 was paid to Mr. Hero, and this may have 
been the amount Hero obtained in the first lease which was made between the 
parties. 



YANKTON SIOUX AGENCY. 549 

I wish you would inform me wliat this exphimition is needed for and who 
the party is that is trying to raise some disturbance over it. If it is tlie Mc- 
Farlands. I want to know and to see what they have written about it, etc. 
Very sincerely. 

Harry IlAKD\fAN. 



I.AKi: A.M)is. S. 1>AK., lubnatiii 10. /.';/',. 
Mr. A. AV. Lki'c 11. 

HtipcriHtviulriif. (i rvcninxiih >S'. I)<ik. 

Dear 8ir : Replying to your telephone ol' a few inoiiieuts ago. with reference 
to the Mcl'\-irland-Hero lease matter, will state that W. I. .McF.irJainl. of 
Wagner, S. Dak., employed me to obtain a lease on the Adam Ileio lands. ;ci.i 
I drew up the leases, had Hero come in and signed them up, went out after tlie 
McFarlands. and got everything flxed up ready for the approval of your ottice. 
I sent the leases down and it was returned to me witli the inforniatioii that 
another man had a lease on this land and that it coidd not be leased for that 
year. I had given Hero i?100 which was given me by W. T. McFariand for 
the purpose, and by the time I was able to get hold of Hero he had only .$60 
of it left. I wrote your office explaining the situation, and the existing lease was 
canceled on account of some irregularities, and I was informed that I could 
now go ahead and get the land for McFarland if Hero desired to lease it to 
him. I obtained a lease with Hero for two years at the annual rental of 
$262.50, if your information to me is correct. I took the lease to the ofiice in 
person and it was apjn-oved while I was there, and I handed it to the Mc- 
I'arlands and went on to Wagner where we left W. I. McFarland, and I came 
on home with John McFarland, and left him at his place. I had made sev- 
eral auto trips to (Greenwood and Wagner on this account, and these dis- 
tances amounted to about 60 to 70 miles a trip. I also had considerable trouble 
with Hero in hunting him down. He had the money and he thought it would 
be a good plan to keep it and give McFarlands the sack to hold, but I con- 
vinced him that he was woi'king an injustice on them, and finally he con- 
sented to make the new lease. There was no way of getting the .$40* back and 
he compelled me to pay him, as I recollect the facts, $25 in cash, and about the 
same amount in an account which was existing between us. It was also 
necessai-y for me to pay $37.50 to W. A. Wehde on this deal, which was done 
at Hero's request. ]\IcFarlands gave me $115 more on this deal. J. E. Mc- 
Farland gave me a check, but when it was presented it was not paid, and as 
W. I. McFarland had told me what he would do about the deal I looked to 
him for its payment. He was very anxious to get this land, because his 
brother was broke, and he was going to pay the cash, and his brotlier was 
going to give him a share of the rents. His brother was leasing 80 acres of 
land which W. I. owned or contracted for and he wanted to get even with his 
brother whom he told me was greatly in debt to him. His brother had told 
me how W. I. had robbed him of his Wagner property, and it looked to me 
very much like dog-eat-dog between these two. It has been my customary 
charge to go to the trouble of looking up lands for white men to lease of 25 cents 
per acre, and they were to pay any extra expenses which I might be put to such 
as the above transaction was concerned. I figure that W. I. McFarland and 
his brother were well cared for by my services and that my fees were none 
too little. Had I known that he proposed to drag me out into an unjust and 
uncalled for lot of criticism about this land I would never have tried to save 
him his $40. This is a matter which is of no consequence to the Indian Office, 
and if McFarland and I had any deal whereby I was to obtain land for him 
from the Indians, the amount of money which I was paid makes no difference. 

In view of the fact that these McFarlands and others have made chai'ges 
against me in this connection. I would request that you have the Indian Office 
send me true copies of what has been said and done concerning me. 
Very sincerely. 

Harry Hakdman. 



Lake Andes. 8. Dak., February 10. IDl'i. 
Hon. Joe T. Robinson, United States Senator, 

Chairman of Commission to Investigate Indian Affairs, Washington, D. C. 
Sir: Mr. A. W. Leech, the superintendent in charge of Yankton Agency, S. 
Dak., to-day requested me to make a statement concerning a certain lease now 

35601— PT 5—14 7 



550 YANKTOX SIOUX AGENCY. 

existing between Ad;!Ui Kero and Johu E. MeFarlaud, and I have forwarded 
the same to him ou this mail. It appears to me that from the statement which 
he made to me concerning the matter that various parties have made affidavits 
concerning me and have presented them to your committee. If my name has 
arisen iu this investigation in any manner, I would greatly appreciate the fact 
if you would give a complete copy of all the case, so that I may be able to de- 
feud myself against undeserved criticism. 

Thanking you for an early compliance with my request, I am. 
Respectfully, 

Harry Hardman. 



February 18, 1914. 
Mr. Harry Hardman, 

Lake Ancles, 8. Dak. 
Dear Sir: In reply to your letter of the 10th instant, no hearings had before 
the Joint Commission to Investigate Indian Affairs have as yet been printed. 

It is the policy of the commission to extend to all persons an opportunity to 
be heard before taking action on any charges filed with the commission. 
Yours, truly, 

Joe T. Robinson, Chairman. 



Leech Exhibit J. 

Department of the Interior, 
United States Indian Service, 

Yankton Agency, 
Greenicood, 8. Dak., February 17, 191Jf- 
Hon. Joseph T. Robinson, 

Chairman Committee to Investigate Indian Affairs, 

Washington, D. C. 

Dear Sir: I am inclosing herewith statements and affidavits rehitive to the 
matters upon which I was questioned by your honorable committee while I was 
iu Washington recently. 

The affidavits of R. D. Bailey, Edward Bailey, Rudolph Kopke, and Elmo 
Eddy ought to refute the allegation that I have been financially interested in 
the meat market of R. D. Bailey at this agency. The affidavits of Edward 
Bailey, Mr. Kopke, and Mr. F^ldy were taken by Supervisor Kneale at my in- 
stance when he was here last summer. 

The report of Dr. Collier, agency physician, shows the weight of the pre- 
sumption that negligence has been exercised in allowing the slaughterhouse of 
R. D. Bailey to remain where it was established four years ago and has remained 
ever since under two previous superintendents and three agency physicians, and 
where the location was never questioned before. Will procure statement of 
county health officer if desired. 

The affidavit of R. D. Bailey relative to tlie repair of the floor of the slaughter- 
house is also inclosed. 

Report on Adam Hero case was forwarded a few days ago. 

I wish again to state that this whole business is prompted and instigated by 
one Joseph F. Estes because of certain reports I have been called upon to 
make against him in refusing to recommend him for a trader's license. He 
may not have signed all letters you have received, but I think you will find 
most of them written on an Oliver typewriter, and they were prompted by 
him. A man who will attack the character of his own wife and bribe witnesses, 
as indicated by the inclosed . record and copy of letter, will not hesitate or 
scruple in his attack ou others. This case for bribery is still pending, and 
affidavits of ex-State's Attorney Janousek, State's Attorney Wyman. Sheriff 
Rathgeber, and Deputy Sheriff Johnson are on file in the Indian Office. I would 
respectfully ask that you look up his record there. 

He is now fostering a so-called Young Men's Association for the purpose of 
stirring up factional strife here among the members of this tribe. 

I have too much confidence iu the good judgment of the members of your 
honorable committee to believe you will countenance such methods, and all I 



YANKTON SIOUX AGENCY. 551 

is that your committee will visit this reservation and observe conditions here 
inquire into the character of the persons who are fostering trouble 
Very respectfully, 

A. W. Leech, Superintendent. 



State of South Dakota, 

County of Charles Mix, ss: 
■ "^'n^' ^'^^^^y' °^ lawful age, being first duly sworn, deposes and says that he 
is 29 years of age, and was born and raised at the Yankton Indian Agency, 
Greenwood, S. Dak., where his father, J. K. Bailey, has been a licensed Indian 
trader for the past 31 years. 

Deponent further declares that he' is the junior member of the firm of J P. 
Bailey & Son, conducting a general traders' store at Greenwood. S. Dak., under 
a license issued by the Interior Department, and that no person whomsoever 
owns any interest whatever in said business or has any monev invested directly 
or indirectly in said business, other than the said J. B. Bailey and deponent 
himself, nor does said firm, or either member thereof, owe any 'person for bor- 
rowed money, other than the First State Bank of Wagner, S. Dak. 

Deponent further states that on the 9th day of September, 1912, he purchased 
the meat market at Greenwood, S. Dak., of George Abdalla, which deponent 
conducted under a traders' license and under the firm name of R. D. Bailey, 
which business was conducted under said name and license for one year, or 
until merged into the general business of J. B. Bailey & Son. 

Deponent further declares that no one whomsoever ever owned any interest 
whatever or had any money invested in the meat market of R. D. Bailey, nor 
furnished any of the money for the purchase of said business, other than de- 
ponent himself, nor did anyone whomsoever participate in any way, directly or 
indirectly, in the profits of said business, other than deponent, and that all 
Government employees were charged and paid the same prices for meat pur- 
chased at said meat market as were charged Indians and other patrons of said 
market. 

Deponent further declares that he has just been appointed postmaster at 
Greenwood, S. Dak., to relieve J. F. Estes, removed for cause. 

R. D. Bailey. 

Subscribed and sworn to before me this 16th day of February, 1914. 
[SEAL.] W. B. McCowN. \otarij PuUic. 

My commission expires December 24. 1916. 



State of South Dakota, 

Countii of Charles Mi.r, ss: 
R. D. Bailey, of lawful age, being first duly sworn, deposes and says: Some 
time last September. 1913, one Thomas L. sloan was at Greenwood, S. Dak., 
and while there he visited my slaughterhouse and stock yards, and I understand 
that he has made charges against me tliat they were insanitary. A week or so 
previous to his visit, while slaughtering an unruly animal, there were three or 
four boards broken in the floor which had not been repaired at the time of his 
visit, but I herein state and solemnly swear that two days after his visit that 
I had a new floor put in the slaughterhouse to remedy those conditions. 

R. D. Bailey. 

Subscribed and sworn to before nie this 16tli day of February, 1914, at Green- 
wood, S. Dak. 

[seal.] W. B. McCown. Xotanj Public. 

Mv commission (>xpires December 24, 1916. 



Mr. Elmo Eddy, being of lawful age, first being duly sworn, makes the follow- 
ing answers to questions asked of him by Supervisor Kiieale : 

Q. Were you emploved by Mr. R. D. Bailey in the late fall and early winter 
of 1912— A. No. 

Q. When did yon begin to work for him? — A. March 4. 1913. 

Q. How long have you worked for him?— A. I am still working for him. 



552 YANKTOX SIOUX AGENCY. 

Q. Was it a part of your duty to keep the books? — A. Yes. 

Q. Did Supt. Leech purchase supplies from the market? — A. Yes. 

Q. Was a greater part of his business cash or credit? — A. Credit until the 
end of the month, and after that the bill was sent to him and colle-^ted. 

Q. He would run a bill?— A. Yes. 

Q. Was there any discount made to him? — A. No. 

Q. He paid the same price for goods as other people did? — A. Yes. 

Q. Have you seen anything during your employment by R. D. Bailey to indi- 
cate that Supt. Leech was taking any marked interest in the shop of R. D. 
Bailey? — A. No; I have not. 

Q. Have you ever heard in this time that Supt. Leech is or has been a 
partner with R. D. Railey in the l)uteher business? — A. No; I he;ird it from 
outsiders. 

Q. When did you hear the rumor that Supt. Leech was a partner with R. D. 
Bailey? — A. When I w;;s working up at Flandreau; iind some people said that 
he was, but I did not pay any jittention to them as I did not think they were 
reliable. 

Q. Who was it? — A. I do not know. 

Q. Have you heard it discussed recently? — A. No. 

Q. You stated that you heard it mentioned, but not by relial)le pjirties, but 
you seem unable to recall the names of the parties. — A. I belie\e it was Guy 
Arrow and Frank Oboshaw, but I did not pay any attention to them, and I 
have never heard anything about it since that I recall. 

Q. Did you have any reason to believe at that time that the rumor was 
true? — A. No; I did not. 

Q. Is there bad blood between Ed Bailey and his brother, R. D. B.-iiley? — A. 
Yes; they are bitter enemies. 

Q. Do these two young men bear equally good reputations in the com- 
munity? — A. I think Roy does, but I could not say about Ed. He is a very 
quarrelsome fellow. 

(Mr. Elmo Eddy is questioned by Supt. Leech:) 

Q. Have I been about the butcher shop much? — A. No; I should say not at 
all. 

Mr. Ed Bailey, first being duly sworn, makes the following answers to ques- 
tions asked of him by Supervisor Kneale : 

Q. Have you any reason to believe that Supt. Leech was in partnership with 
your brother, R. D. Bailey, in the meat market, after he took over the market 
from George Abdalla? — A. No; I never thouglit so, and I talked with several 
parties. 

Q. Did you make a statement to T. D. Sloan in regard to the matter? — A. 
No. I made a statement to Mr. Sloan, but not in regard to the partnership 
between Roy and Mr. Leech. \ part of the statement related to my license 
and to this reservation being thrown open. 

Q. Have you any complaint that you would like to make against Supt. 
Leech? — A. Yes; I do not think that I have been treated right, and I have 
been on the reservation 30 years, and I do not know as Supt. Leech has wanted 
to inflict any hardship on me, but I asked for a license here, but George Ab- 
dalla was selling meat and he tried to discourage me. I was then selling meat 
at my father's place, and afterwards I had some trouble with my father and I 
.sold meat in the rear end of .J. F. Estes's store, and I tried to rent a building and 
I could not get it, and I was going to take out a license, but from the fact 
that I could not get a building I went away to Montana, and when I came 
back I began to peddle meat, and I asked Supt. Leech if he would object to my 
selling meat without a license on the reservation. He said no, but not on the 
agency reserve, and T sold meat to Bowdish, Peter St. Pierre, and Moine Em- 
mons, and such parties, and after that I was ordered off the reserve, as he 
said I was selling meat without a license. Now I have a license, but before 
he would recommend my having one he requested me not to sell meat as long 
as Roy was conducting a market at this agency. 

Q. Do you know why he would make such a request of you? — A. I do not 
think it was because he was in partnership with Roy, but I think Mr. Leech 
was trying to do the right thing, but I had gotten into trouble with my father 
and he was trying to compromise. That is what I actually believe, but not to 
injure me as he has done. 

Q. He has injured you? — A. Yes; by not letting me sell meat, but I do not 
believe he was interested in Roy's business at all. 



YANKTON SIOUX AGENCY. 553 

Q. Do you think it is ndvniita.iieons \n h.-ne onlv (Hio iiicnt market V— A. I 
think it is a detriuuMit. 

Q. Is there suflieieiil trade to (•(nuliicl ukmv (lian one meal niarketV^A. Yes; 
two or three, or even a dozen. 

Mr. Ed Bailey is questioned by Sni)t. Leech: 

Q. Did I not say to you at the time you first wanted to soil meat tliat if 
you could buy out Geor.ije Abdalla li(>re. I would favor your license V— A. Yes; 
but at the same time you acted displeased to me. You also said that parties 
handling meat would have to have t'ood meat and see that it was on liaud all 
the time, and afterwards I reported to you that Roy was out of meat and n^)th- 
ing was done. 

Q. How long had he been out of meat? — A. I do not know. 

Q. Did you mention it more than once? — A. No. 

Q. You also mentioned the fact that Roy had bad meat?— A. I do not remem- 
ber. I am not trying to find fault with any employee or anything of that kind. 
By Supervisor Kneale : 

Q. What are your reasons? — A. I am trying to make all the money I can, and 
I really do not want to see Supt. Leech moved and the other fellow would come 
here and probably here and the money would be tied up and that is the way I 
feel about it. and I am well acquainted with Supt. Leech and he is probably 
understanding me l)etter. 

Q. How did Mr. Sloan happen to come to you in regard to this matter? — A. I 
do not know. I did not expect him. 

Q. Did he represent himself as a Government official? — A. No. 

Q. What was his business? — A. I understood that he was sent out here by 
the investigating committee, but I never asked him. 

STATEMENT OF SUPT. LEECH. 

The fact is like this: About a year ago, in June, July, and August, it was im- 
possible to get any meat, especially any that was fit to eat. Mr. J. B. Bailey 
and George Abdalla were both selling some and the weather was too hot and 
there was considerable complaint, and I went to Roy Bailey and told him that 
it was very unsatisfactory and that if we had one good shop it would be a 
greater benefit than three or four poor ones, and Roy Bailey said well, if he 
would be allowed to sell meat and no one else, that he would think about it, and 
I told him to see the other traders and find out what they thought about the 
matter and if they were willing that he should have the exclusive trade in meat; 
and Roy saw them and it was satisfactory and he bought out the George 
Abdalla meat market. Shortly after he bought. F. Fredericks began selling 
meat and Roy complained to me and I asked Mr. Fredericks about it and he 
denied it. and then I let the matter go as I did not care to go into the matter 
further, as Mr. Fredericks had a general trader's license, and Roy felt that if it 
had not been for me he would not have pni-chased the meat market, and he 
thought that he ought to be protected. That is the reason that I made the 
statement to j'ou that I did. 

(Mr. Bailey is questioned by Supervisor Kneale:) 

Q. Mr. Bailey, how many papers did you sign for INIr. Sloan? — A. One paper 
only. 

Q. And the paper that you signed related to this matter we have been dis- 
cussing? — A. I said nothing concerning this partnership business only that I 
made the statement that I was not to sell meat while R. D. Bailey was in busi- 
ness here, that is all. Mr. Sloan promised to send me a copy of the statement I 
signed but I have not received it yet. 



Rudolph Kopke, of lawful age, first being duly sworn, makes the following 
replies in response to questions asked him by Supervisor Kneale : 

Q. Where are you employed?— A. I am working for myself. 

Q. Prior to this time, where were you working? — A. I was working for H. D. 
Bailey. 

Q. In what capacity?— A. In the butcher shop and then in the feed lot. 

Q. Did you keep the l)Ooks while you were working in the shop? — A. Yes. 

Q. What time were yon keeping the books?— A. From September. 1012, until 
March. 191?.. 



554 YANKTOX SIOUX AGENCl'. 

Q. Duriug thiit time was SuperinteiKlent Leech a customer? — A. Yes. 

Q. Was he a preferred customer? — A. No. 

Q. Did he get any discount? — A. No. 

Q. Did he do a credit business? — A. Yes. 

Q. Were the charges entered in the boolcs? — A. Yes. 

Q. Did you hear or see anything to indicate that he was a partner? — ^A. No. 

Q. Have you ever heard it alleged that he was a partner? — A. I have lately. 

Q. From what source? — A. Some people asked me about it. 

Q. What persons? — A. Ed Bailey, for one. 

Q. How long ago? — A. About a month ago. 

Q. Can you remember the conversation you had with him relative to this 
matter? — A. He spoke to me as though iNIr. T>eech has been a partner, and I 
denied it. I told him that I was sure that Mr. Leech had never been a partner. 

Q. Can you say from your own knowledge if Mr. R. D. Bailey ever borrowed 
any money? — A. Mr. Bailey told me that he did just before I quit working for 
him, but I do not know the amount he borrowed. 

Q. What circumstances lead to his telling you that? — A. I do not know. He 
just told me so. 

(Rudolph Kopke is questioned by Supt. Leech:) 

Q. Did you make out the bills for me on my account? — A. Yes. 

Q. Where were they settled? — A. Mr. R. D. Bailey was paid, and he told me 
to give you credit for it. I brought the bills down to the office. 

(Superintendent Leech at this time introduced his check book showing stubs 
of checks issued by himself during the past six months, or from January 1, 
1913, to July 1, 1913. payal^le to R. D. Bailey in the sum of $19,50; another 
dated March 17. 1913, payable to R. D. Bailey in the sum of $10.55 ; one on May 
6 in the sum of $12.80; one on July 2 in the sum of $13. He also inti'oduced a re- 
ceipted itemized bill dated July 1, 1913, for meats purchased duriug May and 
June and a receipted bill dated May 11. for an account running from ^Nlarch 6 
to May 1, the first bill in the sum of $13 and the second in the sum of $12.80 ; also 
a i-eceiiited bill itemized from R. D. Bailey from October 4, 1912, to December 
81, 1912.) 

Yankton Agency, 
Greenwood. S. Dak.. Fehruary 1. lOlJf. 
Dr. L. H. Collier, 

Agency Physician. Greenwood, S. Dale. 

Dear Sir : It has been reported that the slaughterhouse and feed yards of 
R. D. Bailey located at this agency are so situated that there is a possibility 
that they are a menace to the health of this agency because of the probable 
drainage from them entering our water supply. I would therefore thank you 
to make a thorough examination into the matter and report to me at an early 
date. Report on any other sanitary conditions that you may think need 
correction. 



Very respectfully. 



A. W. Leech. Superintendent. 



Department of the Interior, 
United States Indian Service, 

Yankton Indian School. 
Greenwood, S. Dak., February 12. 191/f. 
Sup. A. W. Leech. 

Greenwood, 8. Dak. 
Sir: I am in receipt of your letter of February 7, 1914. relative to sanitary 
conditions at this agency, and in reply I would respectfully state that there is 
a possibility of a probable drainage from the Roy Bailey slaughterhouse, but the 
probability" is so very remote that I would never give the matter a thought, and 
since I have been here there has been no drainage at all from that source, and in 
talking with some of the older employees here, I have found that to their knowl- 
edge there has never been any drainage from that place. The slaughterhouse 
is situated so far from the river that the small amount of drainage would be 
dried up or absorbed by the gi-ound before it reached the river. However, since 
my attention has been called to this matter, after the first rain or thaw I will 
collect a sample of the drinking water and forward it to the State chemist for 
analysis, in order to be positive about the matter. Before doing so. however, I 



YANKTON SIOUX AGENCY. 555 

would reconiiiieiul that there be another settling basin built or a large filter 
put into the one we have, because the present condition of the water supply 
from the river is muddy when the water is pumped into the pipes, and this 
makes the drinking water very muddy at times, making it extremely insanitary. 
Our water, excejit during this time when the river is muddy, has the appear- 
ance of potable wa.ter, being tasteless, odorless, and perfectly clear. 

I would also recounnend that the inanure be hauled away from the rear of 
the feed barn, as heavy rains would wash the animal impurities into the river. 
"\'ery respectfully. 

Li-LAND 11. CoLi.iKR, Pliijnclan. 



Yankton. S. Dak.. December 31, 1912. 
A. W. Leech, 

Superintendent Indian ScJiooh Greenwood, 8. Dnl\ 

Dear Sir: Answering your favor of the 28th instant, relative to the case of 
Mrs. Estes, will state ihnt some time in August. 1012. Mr. Estes called on the 
police officers of this city and told them his wife was arranging to meet a 
stranger from Sioux City at the Portland Hotel here and he came to my office 
with the officers with a view of obtaining a warrant for his wife on the charge 
of adultery. I took steps to investigate the matter: the whole thing looked 
suspicious." No warrant was issued. In the meanwhile Mrs. Estes came to my 
office for the purpose of making an arrangement to divide up some property 
between herself and her husband, and she explained to me that she was told to 
come to Yankton and that a stranger, supposed to be a lawyer from Sioux City, 
was to meet her at the Portland Hotel here to attend to the business between 
herself and her husband. She stated she was shown to the room and as soon 
as she discovered that she was in the stranger's bedroom and that she was in 
a position where she might be criticised she immediately left the room, and an 
Indian named Tom Arrow was spying in the next room. Mrs. Estes said she 
went into this room with the view of making the transfer, thinking it was the 
parlor where she was to meet this person. Instead of being shown into the 
parlor she was shown to the stranger's bedroom and she got out of there 
immediately. 

I was satisfied at the time that an effort was being made by her husband 
to induce her to visit this room with a view of securing evidence for a divorce 
suit, and I was also satisfied that Arrow, the Indian referred to, was acting as 
:i spy for the husband. Mrs. Estes impressed me as a decent woman, and she 
was "highly excited over the matter; I also believe she was telling the truth. 
Prior to t"he time :\rrs. Estes visited the Portland Hotel she was registered at 
the Merchants" Hotel in this city, and the attorney in question came to her 
hotel and retpiested her to meet him in the parlor at the Portland Hotel, and 
that her husband would be there at that time and they could draw up the 
necessary papers. 

After Mr. Estes made inquiries with reference to his wife at the Merchants 
Hotel, she was ordered from the hotel and went to the Sacred Heart Hospital 
here, where she passed the night. As soon as I ascertained the circumstances. 
I notified the proprietor that he had no reason to refuse her lodging, but the 
Esteses left the city the next day. The name of the proprietor of the Merchants' 
Hotel at that time was George Sherwood, and he is still in charge at this time. 
He is absolutely reliable and will tell the truth. When the trouble arose with 
the Esteses I was very busy and employed yii: Wyman. a local attorney, to 
assist me. We went over the facts thoroughly and finally decided that the best 
thing to do under the circumstances would be to reconcile the husband and wife, 
which we did. Mr. and Mrs. Estes related their experiences to Mr. Wyman, 
and he can give you further information, if desired. 

Kindly write nie if any further information is needed. 
Hes]iectfully. 

Joseph Janocsek. State Attornej/. 

Before T. F. Ward, .1udge of the county court. 

State of South Dakota, 

County of Charles Mix, ss: 

The State of South Dakota v. Joseph F. Estes. Information for bribing a 
witness. , , , 

Ambrose B. Beck. State's attorney of said county, being first duly sworn and 
examined on oath by the undersigned. T. F. Ward, judge of the county court 



556 YAXKTOX SIOUX AGENCY. 

and for tlie coimty of Charles Mix and State of South Dakota, on his oath 
upon information and belief says that on the 1st day of August. A. D. 1911, 
and in the county of Charles Mix and State of South Dakota, Joseph F. Estes 
did then and there willfully, unlawfully, wickedly, and corruptly give to one 
David Jumping Thunder one $5 bill, lawful money of the United States, and 
of the value of $5, upon the express understanding and agreement that he, 
the said David Jumping Thunder, should give false testimony favorable to him, 
the said Joseph F. Estes, in a certain judicial proceeding about to be brought 
on for trial before the circuit court of the first judicial circuit within and for 
Charles Mix County, S. Dak., brought by the State of South Dakota in rela- 
tion to one Mary Williams against the said Joseph F. Estes. defendant, in which 
judicial proceeding he, the said Joseph F. Estes, was charged with being the 
father of an illegitimate female child born to her, the said Mary Williams, 
who was then and there a single woman ; he, the said Joseph F. Estes, then and 
there well known that he, the said David Jumping Thunder, would be called as 
a witness in said judicial proceeding, and that he. the said Joseph F. Estes, 
did then and there and in the manner aforesaid commit the crime of giving a 
bribe to a witness about to be called in a judicial proceeding, upon an under- 
standing and agreement that the testimony of said witness should be thereby 
influenced, with the unlawful and corrupt intent to influence the testimony of 
said witness thereby, contrary to the form of the statute of such case made and 
provided, and against the peace and dignity of the State of South Dakota, and 
asks that the said Joseph F. Estes may be arrested and dealt with according 
to law. 

Ambrose B. Beck, Stnfr's Attorney. 

Subscribed and sworn to before me this 3d day of October, A. D. 1913. 
[SEAL.] T. F. Ward, Judge of the County Court. 

State of South Dakota, 

County of Charles Mix, ss: 

It appearing to me that the offense mentioned in the within information has 
been committed, and that there is sufficient cause to believe the within Joseph 
F. Estes guilty thereof, I order that he be held to the circuit court of Charles 
Mix County, S. Dak., to answer the same; and that he be admitted to bail In 
the sum of $250 and be committed to the custody of the sheriff of said county 
until bail be furnished. 

October 1.5. 1913. 

T. F. Ward, County Judye. 

October 15, 1913. 
The defendant is hereby admitted to bail in the sum of $2.50 by the under- 
taking hereunto annexed. 

T. F. Ward, County Judge. 

October term, 1913. Information for bribing a witness. Before T. F. Ward, 
county judge. 

State or South Dakota, 

County of Charles Mix, ss: 

The State of South Dakota r. Joseph F. Estes. defendant. Information for 
bribing a witness. 

Ambrose B. Beck, State's attorney of said county, being first duly sworn 
and examined on oath by the undersigned T. F. Ward, county judge of the 
county court in and for the county of Charles INIix and State of South Dakota, 
on his oath says : 

That the crime of bribing a witness has been committed, and having accused 
Joseph F. Estes thereof and having filed a verified complaint as provided by 
law, 

Issued a warrant for the arrest of Joseph F. Estes and placed the same in 
the hands of the sheriff of said county for service. Dated October 3, 1913. 

T. F. Ward, County Judge. 

Be it remembered that on the 15th day of October, 1913, the following pro- 
ceedings were had : 

The defendant being personally present, and his attorney, II. D. James, was 
also present representing him. 



I'm- llic Stale 
as advised ol 


■■s Mtlnniei 
r all of lii 


!•:. ("rai- l«'sli 
It'll witnesses 


lieil on III 
teslifi.Ml o 



YANKTON SIOL'X A(iKNCV. 557 

And tlio Slate api)earin.i; by G. M. Caster, aclinii 
the coniplaint was ihmkI to the defeiuhint and lie w 
statutory iMshts. Defendant demanded a liearini,'. 

David .Tiiini)in,ir Thiuuier. .Tosei)h Ninirod. and .1. 
part of the State and rested, and the following' nan 
the part of the defendant: 

Alfred Bounin, Henry Ronniii. Georw La Plant. I>. V. Haskell, and Joseph F. 
Estes. 

The case was ariiued by the respective connsel. and it ai>pearinL' tliat tiie 
offense charged in the coniplaint had been connnitted ; that there was sulii- 
cient cause to believe the defendant Joseph F. Estes is icnilly thereof, 

I order that he be held to answer the same. 

The bail is hereby fixed at the sum of two hundred and fifty <1olla)'s. and 
such bail liaving been furnished and approved, he is discharged from custody. 

T. F. Ward, fjouniii .Iiidfit'. 
State of South Dakota. 

County of Charles Mi;v, ss: 

I. T. F. Ward, .iudge of the county court of the county of Charles Mix, Slate 
of South Dakota, do hereby certify that tlie foregoing instruments constitute 
a full. true, and complete transcript of all proceedings had before me and of the 
complaint filed in said court in that certain criminal action wherein the State 
of South Dakota was plaintiff and Joseph F. Estes was defendant. 

In witness whereof I have hereunto set my hand and affixed tlio seal of sairl 
court this 22a day of October, 1913. 

[SEAL.I T. F. Ward, Coiniti/ JiiiUie. 

February 24, 1914. 
Mi: A. W. Leech, 

Yankton ^ioux Agency, Grecmvood, fif. Dak. 
Dear Mr. Leech : I have your letter of February 17 accompanied by affidavits 
lef erred to therein. It will afford me pleasure to call the same to the atten- 
tion of the commission at the earliest opportunity. 
Yours, truly, 

Joe T. Robinson, Chairman. 



C. I-'. BowMvx's Exiiif.it A. 



March 10, 1914. 



The Commissioner of Indian Affairs, 

Washington, D. C. 
Dear :Mr. Commissioner : Please furnish full information for the use of the 
Joint Commission to Investigate Indian Affairs as to whether in the fee patent 
issued to Charles F. Bowman, a Yankton Souix Indian of South Dakota, and 
to :Minnie F. Hopkins, any reservations were made in the patents, or whether 
instructions were given to A. W. Leech, superintendent of the Yankton Sioux 
Agency, to hold up" the patent until a purchaser was procured, and whether the 
said A. W. I;eech was authorized to require said patentees to deposit with him 
instruments relating to the deferred payments. If such instructions were 
given, please furnish the commission with a copy of same and also further in- 
formation as to what authority of law was the basis of same. Your usual 
prompt attention to this will oblige, 
Yours, truly, 

.Toe T. Kobinson, Chairman. 



C. F. Bowman's Kxiiiisit B. 

Depautment of the Inteuior. 

Office of Indian Afemi-s. 
Hon. Joe T. Robinson, 

Chairman Joint Commission to fnrrstiyatc Indian Aflairs. 

United States Senate. 
Washington, Moreh /7. /.''/'/. 
My Dear Senator: I have the honor to acknowledge the receipt of your 
letter, dated March 10. 1914, regarding the applications of Charles F. Bowman 



558 YANKTON SIOUX AGENCY. 

and Minnie F. Hopkins for patents in fee covering land on tlie Yanlvton Reser- 
vation in South Dakota. You ask wlietlier there wei'e any reservations made 
in the patents issued to these allottees and whether -instructions were given 
to the superintendent of the Yankton agency to hold up the patent until a 
purchaser was procured, and if such instructions were given, that you be 
advised as to the law that authorized the giving of such instructions. 

As to the application of Charles F. Bowman, you are advised that the records 
of this office show that in July', ]912, the allottee filed au application for a 
patent in fee, which was denied on August 6, 1012, r.s the office did not deem 
that he was sufficiently qualified to care for his own affairs. 

On December 12, 1913, the allottee filed another application for a fee patent, 
covering 40 acres of his allotment, and with this application were filed letters 
from Dr. R. H. Townsley, of Wagner, S. Dak.; Dr. P. R. Pinard, of Wagner, 
S. Dak.; and Dr. L. H. Collier, agency pliysician, of Greenwood, S. Dak.-, to the 
effect that the allottee was unable to jierform any kind of manual labor and 
that an operation was necessary for the repair of an ununited fracture of 
the ulna. 

Supt. Leech reported as follows: 

" I am submitting several statements from physicians, stating that Mr. Bow- 
man needs an operation, and I am recommending him for a patent in fee in 
order that he can get the money and have this done, with the understanding 
that his patent is to be held in this office until the land is sold and then $1,500 
of the purchase price is to be deposited to his credit at this agency, subject 
to the supervision of the superintendent and Commissioner of Indian Affairs. 
Will not recommend it otherwise." 

A copy of the letter recommending the approval of the application and a 
direction from the Secretary of the Interior to the Commissioner of the General 
Land Office to issue a fee patent in favor of Charles F. Bowman is inclosed 
for your information. Y"ou will note that this letter contains a paragraph 
which refers to the recommendation of the superintendent. 

The fee patent contained no restrictive clause of any kind, but a copy of 
office letter recommending the issuance of the fee patent to Mr. Bowman was 
sent to Supt. Leech, and when the fee patent was received he held it at the 
agency in accordance with the letter approving the application. 

Within the past few days Mr. Bowman visited the Indian Office and re- 
quested a patent in fee covering the remainder of his allotment, but a formal 
application has not been filed. In this connection your attention is invited 
to another letter from Supt. Leech, dated March 5, 1014, a copy of which is 
inclosed for your information. 

The patent in fee to Charles F. Bowman was issued under the provisions of 
the act of May S. 1006 (34 Stat. L., 1S2), which places the issuing of fee 
patents entirely in the discretion of the Secretary of the Interior. There is no 
specific law which would permit the holding of the fee patent at the agency 
office after its issuance, but in view of the circumstances connected with the 
case the office is of the opinion that it was good administration to do so. 

As to the allotment of Minnie F. Hopkins, the records of this office do not 
show the name of Minnie F. Hopkins as an allottee on the Y'ankton Reser- 
vation. It is possible that her allotment was made under her Indian name, 
but the office is unable to identify the case from the information given. If 
further information can be given that will enable the office to identify the 
Hopkins case I will be pleased to furnish you with the Information you desire. 
Very truly, yours, 

Cato Sells, Commissioner. 



C. F. Bowman's Exhibit C. . 

Department of the Interior, 

Office of Indian Affairs, 

Washington, January J ',. IfU'/. 
The honorable the Secretary of the Interior 

(Through the Commissioner of the General Land Office). 
Sir: Herewith are transmitted the papers in the matter of the ajiitlication 
of Charles F. Bowman, Yankton allottee No. 1147, for a patent in fee coyering 
a part of his allotment described as lot 1372, in township 95 north, range 03 
west of the fifth principal meridian, in South Dakota, containing 40 acres. 

The application is based on the act of May 8. 1006 (34 Stat. L.. 182), and the 
regulations thereunder have been compHed with. 



YANKTON SIOUX AGENCY. 559 

It appears from the record in this case that tlio allottee is 24 years of a},'e; 
that he is an Indian of one-fourth blood, and with the papers are letters from 
Drs. Townsley and Tinard. from which it ai)pears that the allottee must have 
an operation performed. The superintendent reports: 

" I am submitting statements from physicians stating that .Mr. P.owman 
needs an operation, and I am recommending him for a patent in fee in onlor 
that he can get the money and have this done, with the understanding that his 
patent is to be held in this office until the land is sold, and then Jjil.noo of the 
purchase price is to be deposited to his cro<lit at this agency, subject to the 
supervision of the sni)erintendent and Commissioner of Indian Affairs. AVill 
not recommend it otherwise." 

The record further shows that the land covered by this application is v;ilued 
at about $2,000. He will retain 40 acres of land in trust. 

In view of the report of the superintendent, and with the understanding 
that the patent in fee will be held in the superintendent's office, as recom- 
mended in his report, it is respectfully recommended that the application of 
Charles F. Bowman be approved, and that the Commissioner of the (Jeneral 
Land Office be directed to issue a patent in fee to him for the land described 
above, and that the issuance of this patent be made special. When issued it 
should be sent to this office for delivery. 
Respectfully, 

C. F. H.\UKE, 

Second Assistant Commissioner. 

General Land Office, 
Washington, D. C, January 30, IDI.'i. 
There are no reservations or withdrawals covering the land above describetl, 
and there are no reasons appearing in the records of the General Land Office 
why a patent in fee should not be issued as recommended. 

C. M. Bruce, 
A ss ista n t Com mission er. 

January 31, 1914. 
I find from the evidence submitted that Charles F. Bowman is com]ietent to 
care for his own affairs in a degree that entitles him to a patent in fee cover- 
ing the land described above, and I therefore direct the Commissioner of the 
General Land Office to issue a patent in fee to him for the land above described, 
and that the issuance of this patent be made special. 

Lewis C. Laytjn. 
Assistant Secretary. 



Yankton Indian School, 
Greenwood, S. Dal:. March 5, WIJ,. 
Commissioner of Indian Affairs, 

Washington, D. C. 

Sir: Under date of August 6. 1912. the office denied the application of 
Charles F. Bowman, a mixed-blood Yankton Sioux Indian of this reservation, 
for a patent in fee covering his allotment No. 1147. About that time the ap- 
plicant got into some difficulty over the forgery of some checks and was sent to 
the penitentiary. Not long "ago he was released, and. baving persuaded his 
mother to come to the office with him to renew his application for a itatent to 
part of his land, the matter was talked over very thoroughly, and it was 
thought, in spite of the young man's misfortune, we might be able to induce 
him to make something out of himself, particularly as he manifested a very 
great disposition to want to go to work. The work proposition did not look 
good to me at the time, knowing his past record; but I felt that it might be well 
to give him a chance, and he and his mother agreed that if he were given a 
])atent to part of his land, that the greater portion of the proceeds of the sale of 
it should be deposited with the superintendent under the supervision of the In- 
dian Office. 

With this mulerstanding, and because of the fact that the young inan had 
met with an accident in the past and had sustained a broken arm, which frac- 
ture had not been properly reduced, I recommended him for a patent for 40 
acres of his Innd, with the'distinct undersianding that i^LOOO of the money de- 
rived from this, or so much thereof as was necessary, should be used by the 
voung man in going to a hospital and having his arm properly operated on and 
"the remainder of this sum should be used by him in improving or working the 
other 40 acres of his allotment. 



560 VAXKTOX SIOUX AGENCY. 

If the office will consult my recniuniendation on this application, it will see 
the .arrangement that was made at that time. However, when his patent ar- 
rived a few days ago. he at cmce arranged the sale of his land and the parties 
came to this office to make out the papers. As the purchaser did not have the 
full amount of the r'nrchase price agreed upon, which was $2,400. it was 
thought best to have $1,000 paid down and a mortgage given for five ye:u-s on 
the 40 acres for the other $1,400 bearing 6 per cent interest, which arrangement 
was agreed to by all parties. Young Bowman was informed that this note and 
mortgage would be kept in the vault at this agency, where it could not be dis- 
posed of by him at the present time, which arrangement seemed satisfactory. 
I learn now. however, that just as soon as the papers were made out and he 
obtained $1,000, that Joseph F. Estes persuaded him to go to Washington with 
him. where he would take up the matter with the department to have the re- 
mainder of this money turned over to him. 

If this young fellow shows up at the office, I would appreciate it very much 
if he were given some good wholesome advice with the information that he had 
better come back home and try to make good his promise to. the office here. 
Knowing him as I do. I regret very much that I recommended him at all for a 
patent in fee. In the light of what he has done since obtaining $1,000 paid 
down on his land, he will probably not have a cent left by the time he comes 
back. I will not turn over this note and mortgage to him at tlie present time 
if there is any way to prevent it. 
Very respectfully, 

A. W. Leech, SuperintOKhnt. 



EsTKs's Exhibit E. 
Hon. Joe T. Robinsox, 

Chairman of Joint Coniniis.sion to Inresiif/atc Tn<lian Affairs. 

Washington. D. C. 

My Dear Senator: I am a member of the Ya.nkton Sioux Tribe of Indians, 
and my home is upon my allotment. It is well farmed and improved. I am inde- 
pendent of the agency control except so far as I am required to do business. 

I wish to me tlie following charges against our supei inteudeut, A. W. Leech: 

When Mr. Joseph F. Estes made complaint something over a year ago about 
the agency affairs on the Yankton Ileservation, before the House Committee on 
Indian Affairs, notice of its was, of course, brought to the attention of the 
Indian Office at Washington, D. C, and I was called by Mr. John Francis, jr., 
chief of the Education Division, who asked me for my views in regard to Mr. 
Estes's statements. I refused to make any comments concerning Mr. Estes's 
statements and told Mr. Francis at that time that he had better read Mr. 
Estes's statements over very carefully, which I presume he did. 

I believe that Mr. Francis's chief reason for asking me about this was, 
because he thought I had the reputation at the Yankton Agency of being a 
man of peace and easy to get along with, and that I wouid not be apt to 
criticize the superintendent unnecessarily. As a result of this talk with Mr. 
Francis he requested me. if I found any Indians who were needy or suffering, 
that I should make an application through the agency office for sufficient 
money to meet their necessities or wire him to that effect, and he promised me 
that immediately upon receipt of any such notice he would recommend the 
payment of any sums of money that were necessary. 

Upon my return home from Washington, D. C, to Yankton Reservation, I 
found an old blind man by the name of James K. Wells, a full-blood Indian, 
who liad a very sick boy, about 21 yeais old, who was in the last stages of 
consumption. This old man's wife was in good health, but she was old and not 
able to do all that was necessary to be done for her son and husband under the 
circumstances. 

Upon seeing the condition of these people and their needs, I went to the 
agency office and informed the financial clerk, Mr, Cosset, who was then in 
charge, telling what they needed and of the request I had received through 
Mr. Francis, of the Indian Office, at Washington. I asked on behalf of these 
old people — and told him that they had requested me to do so — that the super- 
intendent be authorized to pay immediately $100 in cash for food and medi- 
cine and the employment of a physician to attend to the sick son, and that 
there be an allowance made of the old woman's money of $25 per month. The 
wife of this old man had on deposit with the superintendent at the time, about 



YANKTON SIOUX AGENCY. 561 

$3,000. aud the old man had on deposit willi the superintendent more than $100 
in cash, collected by the superintendent from leases on the land of this man, 
James K. Wells. This .^KX) had been held there at the a^rency office for over 
(ine year. I iiersonally know that the money was p;iid in, i)ecanse I interpreted 
the contract of lease between the old man Wells and his renter. 

From the agency at this time I made a trip to the Pine Ridge Reservation 
and Cheyenne River Res(>rvation and was gone about two months. On my 
return to the Yankton Agency I learned that tliis old man had received noth- 
ing, and that the boy had died, and that the family was in very needy circum- 
stances, dependent upon their friends, relatives, and neighbors. I gave them 
something to assist them, as they were my neighbors. I then went to the 
agency to make inquiry about the allowance for which application liad been 
made and found that the application had not been forwarded to the Indian 
Office at all by the superintendent or the clerk in charge of Yankton Agency. 
They based their excuse for not doing this upon the fact, as they claimed, that 
they had no printed forms of application papers. These people were for two 
months in the direst need, with blindness, sickness, hunger, and death, without 
the agency office force attempting to do anything for them and failing entirely 
to permit them to use their own money through all these necessities. 

POOR OLD INDIAN WOMKN. 

West of the Yankton Agency a half or three-quarters of a mile there are 
between 25 or 30 small houses about 10 by 12 feet in size and one story. These 
are occupied by old women, who are old and crippled and in many cases abso- 
lutely incapable, through sickness and physical defects, to take care of them- 
selves. All or nearly all of them have money in the hands of the superintendent 
in charge of Yankton Agency, and they are required to live in these houses 
so that he (the superintendent) may conveniently for himself give them orders 
upon the stores at the agency amounting to from $5 to $25 per month. The 
orders are given upon stores at the agency where the prices for goods are 
highei- than they are at the railroad towns, of which there are several on 
the Yankton Reservation proper. 

Some of these old people do not get sufficient from the allowance of their 
money to keep them comfortably, and they suffer hunger and cold, and depend 
upon 'the assistance and attention of friends and relatives to care for them in 
their necessities. 

This settlement should be abolished and the old people who are living there 
should be sent to their friends and relatives where they can receive proper 
care and attention, and if they have no relatives who are willing to care for 
them, then some person or family should be found upon whom they can rely, 
who could receive their allowance as compensation or part compensation for 
the care and attention given them. 

Among the old people in this settlement is one Sarah Bull, who Is so 
crippled in her feet aud legs that she can not stand upright, and who goes 
about on crutches with a great deal of pain and difficulty, and that while 
living alone in one of these houses she is absolutely unable to care for herself, 
and that neither water, fuel, nor other necessities are convenient to this settle- 
ment. I saw her at the agency office waiting for money; she was in bad shape. 
An old woman namd Wear" the W^nd. about 70 years of age or more, while 
going home from the agency to her little house, fell into washout about 20 
feet deep and broke her leg and otherwise injured herself internally, from the 
effects of which injuries she died a couple of days later. This system and 
settlement should be abolished. 

I have recommended at large council meetings that this little settlement be 
abolished; that it was on Government land; and that I intended to report this 
condition when I came to Washington before the proper authorities here, and 
the Indians at Yankton have understood this to be my intention and at that 
time desired that I should make this complaint. 

Another reason why this settlement should be abolished is because it is now 
a regular loafing place for the Indians. These buildings should be removed 
to the Indians' own allotments or to the allotments of their relatives, where 
they can be taken care of. 

rXTRUTHFULNESS OF THE SUPERINTENDENT. 

I made an application for the allotment for a deceased child, and the test of 
my right to have the allotment is in part dependent upon making a selection for 



562 YANKTON SIOUX AGENCY. 

her during her life time, which I did. I find that in reference to my applica- 
tion the superintendent made an untruthful statement as the basis of his 
objection against my claim. In reporting against me to the Indian Office he 
stated : 

" There is nothing on the tract book to show that any selection was made for 
Edna Gi-ace Smith, and the Episcopal Church record here at this agency shows 
that Edna Grace Smith died March 21, 1889. It will thus be seen that the first 
selections of allotment made by Alfred Smith were not made until more than a 
month (39 days) had elapsed after the death of Edna Grace Smith." 
The following certificate shows the above statement to be false: 
" Edna Grace Smith died May 21, 1889. I certify that the above record is a 
correct copy of the record of the death of Edna Grace Smith recorded in the 
church register in Church of the Holy Fellowship, Greenwood. S. Dak. 

" John Flockhart, 
" missionary to the Yankton Sioux EpiscoiKil Church. 

" Greenwood, S. Dak., March 1, IDIJ/." 

I assert that there can be no other explanation in his false statement on my 
application and his false report as to the church record than that he willfully 
desired to injure me. and that he would and did as an official make false and 
untrue statements, and I believe with the deliberate and willful intention of 
injuring me and my claim. 

THE INDIAN SCHOOL AT YANKTON. 

I have sent my children to the Episcopal Select School at Sioux Falls. S. Dak., 
and public schools because the Yankton Agency School is not so conducted as 
to give the children proper care and attention and health or cleanliness, and 
that many of the children who have gone there in good health have come away 
afflicted with trachoma and have been dirty and lousy. Much of the eye trouble 
existing among the Y'ankton Sioux at this time has been brought to the fami- 
lies through the children who have attended the Government school. 

I have myself observed that the Indian boys from the school, around the 
agency on Saturdays, were dirty and ragged and gave the appearance that they 
did not have proper care. Their shoes I noticed particularly in some instances 
were not fit to be worn. 

LIQUOR. 

The use of intoxicating liquors by the Yankton Sioux Indians is one of the 
most detrimental influences to the people. It brings to them all kinds of 
trouble. The bringing of litjuor within the limits of the old Yankton Sioux 
Reservation is a violation of the Federal law and if the superintendent in charge 
of the agency would insist on a strict application of the law and the prosecu- 
tion of the persons who violate it, it would be a great help to the Yankton 
Sioux people. The trouble is that the present superintendent prosecutes some 
of the Indians and permits others who are friendly to him to violate the law 
and escape without any prosecution. I personally know of one case in which 
there was a willful and admitted violation of the liquor law, where the superin- 
tendent has permitted the Indian to go unpunished and without any prose- 
cution. 

The facts in this case are that one Charley Campbell was arrested for 
bringing liquor on the Yankton Reservation and the matter was reported to 
the superintendent. The person who made the charge came to my house one 
morning and wished to telephone to the superintendent to have him send his 
policeman up there and arrest Charley Campbell. I refused to telephone down 
1o the superintendent, but the woman who was present went down and made 
the report to the superintendent in person and took a bottle of whisky with 
her, and told him — the superintendent — and Charley Campbell was arrested 
and thrown into jail. On the same day the superintendent had several other 
cases of liquor violation similar to the Campbell case, and one of the parties 
hired a lawyer by the name of George Caster, who came down to the agency 
and defended them before the superintendent, and he released them. But 
this man Charley Campbell was still in jail, and as soon as the relatives of 
Campbell knew that George Caster had great influence with Leech, the super- 
intendent, they were informed that if they hired Attorney Caster he would 
have Campbell released from the jail. They did so. One day shortly after 



YANKTON SIOUX AGENCY. 563 

this I was at the agency and found this uiaa Castor tliere, aud he told me 
that he came down there to defend tills man Campbell. But the superintendent 
had already made up his luind that he would proceed with the case of 
Campbell and had already determined to take him to Yankton, S. Dak., be- 
fore the United States commissioner to be examined. I told Mr. Caster that I 
did not think tlie superintendent was doing the right thing by Campbell, be- 
cause he had released the other Indians and kept him— Campbell — in the jail, 
and he was simply going to prosecute him just because he did not belong to 
the Yankton Sioux Tribe of Indians. I told Caster that I thought Leech was 
showing partiality to the other crowd. Mr. Caster then said he thought he 
could release Charley Campbell when the ti'ial came before the court. Then 
Caster had the superintendent abandon his first idea of putting Charley 
Campbell in jail and ordered him released. 

• When the superintendent released Charley Campbell he told him to leave 
the reservation by the 1st of January, 1914, but at this time Campbell had 
already been two weeks in the jail before he was released through the efforts 
of this lawyer — Caster. This man Charley Campbell told me personally that 
he actually did bring the liquor on the reservation. This man Campbell was 
arrested on the charge of liquor violation oii December 12, 1913, and was 
held in the jail for two weeks before he was released. 

I want to further complain of Supt. A. W. Leech's political activity. He got 
the Yankton Sioux together and gave them a big feast and made them political 
speeches, advising them and asking them to vote a certain ticket and for cer- 
tain candidates. " I was present and saw and heard the whole affair. Mr. 
Leech wanted to be the leader politically among the Indians. When a banker 
at Wagner gave a feast for Senator Gamble, Mr. Leech gave a feast at the 
same time at the agency so as to head off the banker from Wagnei*. He did 
all he could to control the Indians. 

Mr. Leech is profane in his language toward the Indians and all things which 
do not suit him. He uses bad language about the office and toward Indians 
and their business. He is very abusive toward them. 

This man Leech has no sympathy for the Indians and will do nothing for 
them except as he is forced to do. " I am sure he is incompetent and that no 
improvement among the Indians will come as long as A. W. Leech has charge. 
Yery respectfully, 

Alfred C. Smith. 



EsTEs's ExniniT E. 

State of South Dakota, 

Charlefi Mix County, ss: 

Charles F. Pratt, being first duly sworn, upon his oath deposes and says: 
I am of lawful age, a farmer and a resident near the Greenwood Agency, S. Dak. 
I reside upon land deeded to me but within what was formerly the Yankton 
Indian Reservation. I have many Indian neighbors and do some business with 
them. I go to the Yankton Agency frequently and know many of the people 
there, including the employees. I have from time to time leased Indian lands 
or allotments. 

I was called to the agency office some time ago to meet an inspector of the 
Indian Service. I think his name was Flanders. Roy Bailey and Elmer Eddy 
were there at the same time. I was asked about some beer that was brought 
to my place. There seemed a desire to have me say that it belonged to Joseph 
F. Estes. It did not. Roy Bailey and I m-ide an election bet of a barrel of 
bottled beer; I won and Bailey brought me the beer to luy place. He came with 
it in the auto belonging to Joseph F. Estes. It was intended that the beer 
should be drunk upon my premises. I so intended. 

I told the inspector that Joseph F. Estes had taken two bottles of beer and 
put them in his pocket, but I do not know that he carried it off with him. I 
do know that Roy Bailey took a large number of bottles with him. As he 
had furnished the beer and knew what he was doing I did not object. 

Elmer Eddy aud Roy Bailey told what we had to say aud it was taken down 
by a lady stenographer, and we were told to return in about an hour. We did 
so. When I got back to the office the paper was laid on the table aud I was 
shown where to sign. I did not read it and it was not read to me. I signed it. 
Mr. Leech was not present, and I did not swear to before him nor any other 
person. I was not sworn when I made the statement, and I did not at time 
swear to it. 



564 YAXKTOX SIOUX AGENCY. 

Roy Bailey was asked about his relation with Mr. I.eech in the butcher shop 
or butcher business, and after he talked with Mr. Flanders he was told by Mr. 
Flanders just what to say and how to say it. 

I was called as a witness before the Federal grand jury at Sioux Falls, 
S. Dak. I was approached by a man named Tom Ellroid who wanted me to 
say that Josei)h F. Estes had taken a large number of bottles from my place 
when he left. He told me that it had been fixed by Supt. Leech and Roy 
Bailey to show that Joseph F. Estes had taken a large number of bottles of 
beer from my place to the agency. He only took two bottles and I do not 
know that he took them away from my place. Roy Bailey said the same 
thing to me and further promised that Supt. Leech would give me immunity 
and see that the United States attorney did not get after me. He tried to 
induce me to tell that kind of a story to the grand jury. I refused because It 
was not true. 

It is the general impression that Roy Bailey and Mr. Leech are in partner- 
ship in the butcher business. Roy Bailey told me that Mr. Leech would not 
let any other person run a shop while he was there. I have heard that INfr. 
Leech objected to other persons selling fresh meat. Bailey also told me that 
Mr. Leech had asked the Indian Office for authority to prohibit other traders 
selling fresh beef. I believe they are in partnership in the business. Roy 
Bailey sells the beef to the school, to all the Indians who receive orders from 
the office, and know that beef has been delivered from his shop to the school. 

He has killed some bulls which have gone over the block in his shop. Roy 
Bailey has told me that the superintendent, Mr. Leech, would extend to him 
everything he could in maintaining an exclusive butcher business. It seems 
to that he has done so. 

Charles F. Pratt. 

Signed and sworn to before me at Wheeler, this 12th day of September, 1913, 
by Charles F. Pratt, who at the time of swearing declared that he read the 
foregoing and that it was true. 

[SEAL.] W. E. ExoN, Notary PiihUc. 



EsTEs's Exhibit F. 
State of South Dakota. 

County of Charles Mi.r. s.s: 

Agnes Draffin, being first duly sworn, deposes and says that at the present 
time she resides in Charles Mix County, S. Dak., and her post-office address 
is Wagner, S. Dak.; that for a long time prior to April 13, 1913, your affiant 
and her husband, James Draffin. now deceased, were employed in the Indian 
Service at Yankton Indian Agency. S. Dak.; the said James Draffin, husband 
of your affiant, being employed as a general mechanic and your affiant as 
laundress in the Indian school at said agency; that your affiant and her said 
husband held said positions up to and until the first part of April, 1913. 

That during the latter part of the month of March, 1913. the husband of 
your affiant was taken with a severe illness, and went to Yankton for medical 
treatment; that your affiant accompanied her husband to Yankton, S. Dak., 
and remained with him there one day ; that your affiant was informed by 
A. W. Leech, superintendent at said agency, that she would not be granted a 
leave of absence, and that it would be necessary for her to return to said 
school and perform her duties there; that your affiant returned to said Yank- 
ton Agency, and upon her return to said agency she was informed by said 
Leech that affiant and her husband had been transferred to San Juan, N. Mex., 
and that it would be necessary for your affiant and her husband to immediately 
move to said place, and that if they did not do so they would lose there posi- 
tion in the service; that at said time your affiant advised the said Leech of the 
physical condition of her husband, but that regardless thereof said Leech in- 
structed your affiant to immediately notify her husband to return to said 
Yankton Agency and proceed to move to New Mexico ; that your affiant advised 
her said husband at once of what said I^eech had informed her, and that the 
said husband of your affiant, against the advice of his physician, at once re- 
turned to Greenwood, S. Dak.; that after returning to said agency the husband 
of your affiant, the said James Draffin, was taken so seriously ill that it was 
necessary for him to immediately go to Wagner, S. Dak., for medical treat- 
ment; that said James Draffin remained at Wagner about one week, after which 
he died at the home of Mrs. Analla, near Wagner, on April 13, 1913. 



YANKTON SIOUX AGENCY. 565 

That up to and within a day or two |>iior to the death of said James Draffin 
the said A. W. Leech insisted to your afliaut that said Draffin was not seriously 
sick; that your atliant and her husband sliould at once remove to New Mexico 
or they would lose their positions, carrying the impression that the husband 
of your affiant was not seriously ill, but was pretending; that he was ill. 

That said Leech could have ascertained the true physical condition of said 
James Dralfin at any time had he made any attempt so to do, but that, on the 
contrary, he simply assumed that said Draffin was not sick and harassed said 
Draffin and your affiant up to and until the day of the death of said Draffin. 

Your affiant would further state that had it not been for the reason that 
said Leech insisted that said Draffin would at once return from Yaidvtou', that 
said Draffin would have remainefl at Yankton, where he could receive proper 
medical care for his sickness: that his attempt to return home and prepare to 
remove to Mexico brought on a relapse of his trouble; and that the exposure in 
making said trip back to said agency and lack of medical treatment resulted 
in the death of said James Draffin; that said Leech acted toward said Draffin 
and your affiant in a most brutal manner, contending, as hereinbefore stated, up 
to and until the time of the death of the husband of your affiant that the said 
husband of your affiant was not seriously ill. 

Agnes Draffin. 

Subscribed and sworn to before me this l!>th day of August. 1913. 
[seal.] H. D. James, 

Notary PiihJic, South Dalcota. 



State of South Dakota. 

County of CJuirles Mix: 

Xaomie Ree Thunderhorse, being tirst duly and solemnly sworn, on her oath 
deposes and says that she is tlie lawful wife of one Charley Thunderhorse; 
that she is 20 years old; and that she is a member of the Yankton Tribe of 
Sioux Indians, and has been all her lifetime; tliat she was lawfully married 
to the said Charley Thunderhorse September 15, 1913, at Armour, S. Dak. ; 
and that a day or two after she and said Charley Thunderhorse were married 
Policemen Joe Nimrod and Baptiste St. Cloud arrested them and locked them 
up at the Yankton Agency (S. Dak.) jail, and have been kept locked up ever 
since; that no charge was filed against them, nor any hearing given them; that 
during your affiaufs incarceration in said jail she has been insulte<l by the 
said Joe Nimrod more than three times, and made overtures to her by making 
indecent proposals to her ; and that each time she reported the said proposals 
to her husband Charley Thunderhorse. Affiant further upon her oath deposes 
and says that she made this affidavit upon her own free will and accord. 

Further affiant saith not. 

Naomie Thunderhorse,. 

Subscribed and sworn to before me this 27th day of September. 1913. 

[seal.] Joseph F. Estes, Notary Pulylic. 

35601— PT 5—14 8 



BLACKFEET INDIAN RESERVATION 

SERIAL ONE 

HEARINGS 

BEFORE THE 

JOINT COMMISSION OF THE 
CONGRESS OF THE UNITED STATES 

SIXTY-THIRD CONGRESS 

SECOND SESSION 
TO 

INVESTIGATE INDIAN AFFAIRS 



FEBRUARY 21-MARCH 25, 1914 



PART 6 



Printed for the use of the Joint Commission 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1914 



Congress of the United States. 
JOINT COMMISSION TO INVESTIGATE INDIAN AFFAIRS. 

Senators : Rbpresp:ntatives : 

JOE T. ROBINSON, Arkansas, Chairman. JOHN H. STEPHENS, Texas. 

HARRY LANe, Oregon. CHARLES D. CARTER, Oklahoma. 

CHARLES E. TOWNSEND, Michigan. CHARLES H. BURKE, South Dakota. 

R. B. Keating, Arkansas, Secretary. 

Ross Williams, .Arkansas, Clerk. 



CONTENTS. 



Page. 
Testimony of — 

Malcolm Clark 585 

Robert J. Hamilton 5G8 

J. A. Perrine 59S 

W. J. Kershaw 582 



BLACKFEET INDIAN EESEEVATION. 



SATURDAY, FEBRUARY 21, 1914. 

Joint Commission to Investigate Indian Affairs, 

Washington, D. C. 

The commission, having been in session since 2 o'clock p. m. on 
other matters, now proceeded to hear witnesses on Blackfeet matters. 

The following members were present: Senator Joe T. Robinson 
(chairman), Senator Harry Lane, Senator Charles E, Townsend, 
and Representatives John H. Stephens and Charles D. Carter. 

The Chairman. Some time ago, when the commission was in the 
field making some investigations, Mr. Robert Hamilton, of the 
Blackfeet Tribe of Indians, interviewed the commission at Spokane, 
Wash., stating that there were some matters he would like to call 
to the attention of the commission, representing his tribe. He was 
informed that the commission would be very glad to receive any 
information that he desired to submit. Since that time a con- 
siderable quantity of information has been furnished the commission 
through Mr. Hamilton. He is in the city purporting to representing 
the Blackfeet Tribe. 

In this connection, Mr. Hamilton, I take the liberty of calling your 
attention to a telegram which I have received, signed by Wolftail, 
chairman Blackfeet tribal council, protesting against your authority 
to represent that tribe. I do not know whether your attention has 
been heretofore called to that telegram or not. Both the telegram 
and the letter will be inserted in the record. 

Mr. Hamilton is present, and we will be very glad to hear his 
statement. 

(The telegram and letter referred to by the chairman are as 
follows :) 

Browning, Mont., February 13, 1914. 
Hon. J. T. Robinson, 

United States Senate, Washington, D. C: 
Tribe protests that R. J. Hamilton be recognized as a representative of the 
Blaclvfeet Indians. Anything submitted by him purporting that he is such is 
fictitious and false, and the result of misrepresentation to the people. He is 
acting without proper authority from the tribe. 

Wolftail, 
Chairman Blackfoot Tribal Council. 



Bureau of Catholic Indian Missions, 

Washington, D. C, February 17, 1914. 
Hon. Joe T. Robinson, 

Chairman Joint Committee to Investigate Indian Affairs. 
Deak Senator : The bearer of this letter, Mr. Hamilton, has been recom- 
mended to me by a friend of mine, whose judgment I think I can trust, as a 

r)(;7 



568 BLACKFEET INDIAN RESERVATION. 

man who has been "laboring earnestly for the betterment of his tribe," and as 
" a man of intelligence and sincerity." 

I believe you should at least give ear to what he has to say and carefully 
investigate his report. 

Very sincerely, yours, 

Wm. H. Ketcham. 

TESTIMONY OF ROBERT J. HAMILTON, DELEGATE AND MEMBER 
OF THE BLACKFEET TRIBE. 

The witness was duly sworn by the chairman. 

Mr. Hamilton. Mr. Chairman and gentlemen of the commission, 
I am a mixed-blood member of the Blackfeet Tribe of Indians, and a 
resident and allottee, the allotment not yet approved, on the Black- 
feet Eeservation, Mont. I was one of the duly elected delegates 
chosen by the tribe to represent them at Washington for the year 
1913, and when the delegates desired to go home I was elected, in 
accordance with the direction of the tribe, at the time of our elec- 
tion to remain and look after pending and unfinished business. I 
did so. I was duly recognized by the Indian Office as such a dele- 
gate, and was elected by the then Acting Commissioner of Indian 
Affairs to take charge of the Blackfeet Indians at Carlisle School 
commencement exercises; that I was duly recognized as a delegate 
by the committee of Congress and the congressional delegation from 
my State; that I gave my full time and best efforts to the work of 
trying to secure legislation the tribe desired and such official action 
as they thought best for their welfare; that my expenses were paid 
in part, and although the tribe desired that I be paid in full it was 
not, and I was put to the humiliation of leaving an unpaid board 
bill. 

I am noAV informed that the chiefs were told by Superintendent 
Arthur E. McFatridge that I had used the money for automobile 
rides and in improper relations with bad women; that the said 
Arthur E. McFatridge willfully, falsely, wrongfully, and malic- 
iously published such slander for the purpose of discrediting me 
with my people, the Blackfeet Tribe of Indians, the Indian Office, and 
the Congress of the United States. I urgently request a thorough 
investigation of my conduct, the expenditure of all tribal moneys by 
me, and the slander published by said Arthur E. McFatridge about 
and concerning me, and that I be given such relief and exoneration 
as may be just and proper in the premises. 

As showing that I was a duly recognized and accredited delegate 
of the Blackfeet Tribe, I quote from a letter of the Acting Commis- 
sioner of Indian Affairs, F. H. Abbott, as follows : 

Land contracts 31390—1913. W. M. W. delegation answer : 

RoBEKT J. Hamilton, Mountain Chief, Curly Bear, Little Dog, Richard 

Sanderville, 

Blackfeet Delegation, Washington, D. C. * * * 

My Friends ; * * * 

7. Delegation expenses. — As it appears, your delegation was properly author- 
ized by tlie Indians of the reservation; the delegates will be entitled to have 
their expenses paid out of the tribal funds. Accordingly, you should, as soon 
as you return home, have the superintendent submit to the office an itemized 
statement of the expenses for the trip. * * * 

F. H. Abbott, Acting Commissioner. 



BLACKFEET INDIAN RESERVATION. 569 

That later a request was signed by a majority of the tribe asking 
that my expenses be paid and sent to the Secretary of the Interior, 
as follows: 

Browning, Mont., July 7, 1913. 
To the liouorable the Secretary of the Interior : 

In view of the many reports being circulated on this reservation tliat certain 
parties here have endeavored to discredit our delegate in Washington, Mr. 
Robert Hamilton, with your department, we, the undersigned Indians of the 
Blackfeet Tribe, respectfully request that you pay no attention to any reports 
concerning Mr. Hamilton. We have the utmost faith in his efforts for our 
welfare and look to him as a medium through whom we may be able to reach 
proper officials in Washington in the transaction of our business. We also 
recommend that all his necessary expenses while in Washington, as well as his 
traveling expenses from here to Washington and return, be paid out of the 
tribal funds. 

(Signed by 123 adult members of the tribe.) 

Respectfully submitted. 

John Huntsbergeh, 

The foregoing is offered for consideration because of my anticipa- 
tion and expectation that Supt. McFatridge wdll report against my 
election as a delegate and endeavor, falsely, to assert that I am not 
a delegate; and further, because after I was duly elected as a dele- 
gate and had started for Washington, D. C., after authorization by 
the honorable Commissioner of Indian Affairs, and had proceeded 
in accordance therewith, to and at a point out of the reservation 
and beyond the jurisdiction of the superintendent, said Arthur E. 
McFatridge had me arrested and returned to the reservation; that I 
and Oliver Sanderville, Wolf Plume, and Young Man Chief were 
arrested upon the telegraphic order of Arthur E. McFatridge, at 
Cut Bank, a railroad town off the Blackfeet Reservation. We were 
arrested by Deputy Sheriff Richards, of Teton County, Mont., and 
he was assisted by an agency employee, Joseph W. Brown ; that this 
occurred on the night of the 30th of January, 1914; that Sheriff 
Richards stopped us and told us that we could not go any farther 
and held us there that night. The next morning McFatridge, with 
Indian police, took the chiefs, Wolf Plume and Young Man Chief, 
back to the agency, where he held them in custody in the agency 
building and under the guard of Indian police. That Oliver Sander- 
ville and I were left to the deputy sheriff, who did not bother us any 
further. 

That before this arrest on the 28th day of January, 1914, Oliver 
Sanderville, Young Man Chief, and Wolf Plume and I were at the 
depot at Browning, Mont., which is on the reservation, ready to take 
the train when a policeman came and told us we could not go. We 
refused to obey him, and he called McFatridge upon the phone. 
Then another policeman came and told us we could not go, that we 
were under arrest. I then stepped to the phone and asked McFat- 
ridge what he meant, and if we were under arrest by the policemen 
that he had sent. He said we were. We were held at the office by 
the said McFatridge and his police until after the train had gone. 
We were held there about three hours. He told us then repeatedly, 
" You fellows can't go; I won't let you go." 

I wish to say at this time that Wolf Plume was at one time wealthy ; 
that he had over 200 head of cattle and many horses; that he had 
money when he was ready to come down here and had been elected a 
delegate to come; that he has giA'en to poor, starving Indians of his 



570 BLACKFEET INDIAN EESERVATION. 

tribe all of his cattle except 35 head; he has provided many with 
credit at the stores to meet their necessities. He wished to come to 
Washington to tell of the condition of his people, how poor they 
were, and what their necessities were, and how he would, in a short 
time, be poor also if his people were not given an opportunity to do 
something. This man has given of his means for the care of his 
people, and wished at his own expense to tell the Commissioner of 
Indian Affairs and the Joint Commission of Congress what their 
condition was. Wolf Plume will tell this commission, the Commis- 
sioner of Indian Affairs, the President, that his peojDle are getting 
worse off each year and have been ever since McFatridge became 
superintendent in charge of the Blackfeet Keservation; that he is 
mean, untruthful, immoral, dishonest, and brutal; and that he does 
not wish any Indians who are independent of him to come to Wash- 
ington. 

Young Man Chief is about 50 years of age, and he has a number 
of horses and cattle ; that it was not necessary for him to dispose of 
any property to get funds for his trip to Washington, and he repre- 
sented enough people so that he could have had his expenses paid in 
full. He, with Wolf Plume, was chosen by the tribe to present to proper 
authorities their view of the condition of the people and make some 
suggestion for their welfare. The large membership of the tribe 
that voted them the authority should have the consideration of the 
higher officials, and if they can not tell the story, then they are 
denied the only means of first-hand information. They are denied 
•the right to confer with the head of the Indian Office. 

Oliver Sanderville is well to do, being the owner of both horses 
and cattle. He is a well-to-do, capable man, and a credit to the 
community. His brother, Hichard Sanderville, who came to Wash- 
ington last year with McFatridge, has nothing only his wages as 
he earns them from month to month by agency employment. He, 
however, is under the direct control of the superintendent. He has 
no independence, ability, or means. 

I believe, from careful observation and computation, that the 
Blackfeet Tribe of Indians have only one-fourth of the cattle and 
horses they had w^hen McFatridge became superintendent in charge 
of the Blackfeet Agency. 

I have filed with the Indian Office a copy of the minutes of the 
council, showing their action concerning the election of delegates, and 
resolutions. The council met after notice and several adjournments, 
and there were 200 persons. Indian members of the tribe, present. 
A full representation. This council selected five delegates — R. J. 
Hamilton, Oliver Sanderville, Wolf Plume, Young Man Chief, and 
Black Weasel. The last-named delegate did not attempt to go, be- 
cause the money belonging to him was held by Supt. McFatridge, 
who refused to pay it. This money, I was told, was paid by the 
Great Northern Railway for killing a couple of horses. 

To make a proper showing, and in the belief that McFatridge 
would not make an honest report, we had petitions signed, and there 
are now on file with the Indian Office about 300 signers of the Black- 
feet Tribe appointing us delegates to Washington. We are of the 
belief that the said Arthur E. McFatridge, as superintendent in 
charge of the Blackfeet Reservation, desires to keep away from 
Washington any Indians who will complain of his administration, 



BLACKFEET INDIAN EESERVATION. 571 

and that he uses his influence, position, and power as superintendent 
to dominate the peo]de and to prevent the full knowledge of our 
affairs reaching the Commissioner of Indian Affairs, Congress, and 
the people at large. We are so situated by mountain, climate, and 
location, on the border line next to Canada, that we can not readily 
reach the outside world. Mr. McFatridge has also been able to have 
those Indians who are subject to his influence meet the inspectors 
who come to the reservation, and to keep away those who ^y()uld tell 
what they know. There are also many Indians who fear him. 
Through his police force and jail, which he uses on the slightest pre- 
text, he is able to control through fear those who would otherwise 
complain. 

There are many things of which to complain and which only a 
thorough investigation will disclose. But there are general condi- 
tions which are plain, and of such a nature that no people should be 
required to suffer them, and a complaint should cause some effort for 
reform. These I wish first to call to your attention. 

The only vegetables that can be raised upon the Blackfeet Reser- 
vation for food are the hardy root vegetables upon the more-favored 
plats of ground, having sufficient soil and moisture. The distance 
north and the altitude are killing upon early and late vegetation. 
The season is short. The altitude is over 5,000 feet. The glaciers 
near by so affect the atmosphere that there is frost every month in 
the year. Grazing is the only sure use to which the land can be 
subjected, although in the more-favored parts of the reservation oats 
and wheat and some vegetables can be raised. There are about 125 
Indian families who have neither horses nor cattle and who have to 
live on the proceeds of labor or on the charity of their friends and 
relatives. These people are rapidly reducing the means of those 
upon whom they are dependent and making their own condition 
worse. There is no work of any kind to be done on the reservation 
until the 1st of May, and the severe cold and bleak country cause 
much suffering. A few years ago I had 80 head of cattle. IMany of 
them have been eaten by the hungry Indians of my tribe, and others 
I have sold to help myself and ''other needy peoJDle. Some of the 
Indians who had horses which they used on ditch work have sold 
them during the winter when their "necessities crowded them. Some 
who had cattle traded cattle for horses, and when during the winter 
they sold the horses for food they then had nothing. That process 
has gone on until it has reduced many to the utmost want. With 
hunger have come suffering and sickness. Many Indians have died 
because they did not have sufficient food to nourish them back to 
strength during and after their sickness. 

Just before I left the reservation Mrs. Victoria Kicking Woman 
died. She had tuberculosis, and she was at the time about :^0 years 
of age. Her husband was almost blind from trachoma and sick 
most likely with the same disease as was his wife. They asked for 
rations during her last illness, but did not get any. The husband was 
unable to bury the body, and it lay in the church a week or more 
ancl was then taken to the burial ground, where the coffin lay for a 
week or more on the ground. The superintendent was asked to have 
the grave dug, but he said, " You ought to have guts enough to bury 
your own dead." At the time he had a large number of laborers 
under pay, and a number of Indian prisoners who were kept busy 



§72 BLACKFEET INDIAN RESERVATION. 

saAving and cutting wood to keep the agency employees warm. The 
priest made a collection and paid for the burial. This, it seems to 
me, shows the condition of the people, the disposition of Supt. A. E. 
McFatridge, and the earnest manner in which he looks after them. 
I believe that there are Blackfeet Indians who would rather die than 
to make a request of Arthur E. McFatridge for anything. The 
cold this winter has been evidenced by 40° below , zero. I have 
with me a monthly ration given to one person of the Blackfeet Tribe, 
and it is the ration which tlie superintendent reports is issued to help 
the poor and needy through the winter weather. It is issued once 
a month, although it frequently fails for a month. It consists of 
about 1,500 navy beans, this is the agreed number from frequent 
counting, one-fourth of a pound of salt, 1 pound of sugar, 1 pound 
of coffee, and a half a pound of tea. Meat is issued weekly, when 
they have it, in an amount said to be about one-half a pound per day. 
They frequently fail to have the meat. There is much sickness among 
the Indians and the doctors do not respond to calls by the Indians. 

They have been dilatory and indifferent to such an extent that 
the project engineer, C. J. Moody, complained to the superintendent, 
A. E. McFatridge. This, too, was during the summer while the 
Indians were working on the ditches and could be readily reached. 
It is worse in the winter. A signed statement of Dr. Gieason has 
been filed. It seems when Mr. Moody could not get the agency 
physicians to act for the Indians he got the reclamation physician to 
attend the Indians. The calls for the physicians were made to the 
agency, and had the superintendent looked after the welfare of the 
Indians the physicians w^ould have attended them. 

It is reputed that the superintendent. A. E. McFatridge, has im- 
moral relations with Indian women under his charge. 

The school at Cut Bank, known as the Cut Bank Boarding School, 
is reported to be in bad condition. The police are kept busy arrest- 
ing and taking back to the school the runaway children. The 
children complain that they are hungry ; that they do not get enough 
to eat, and are cold because of not having enough clothing. This 
complaint is so general that I deemed it best to have the commission 
interview the children and their parents, who will give ample evi- 
dence of the conditions being very bad. A general complaint is 
that the children are dirty and lousy. I personally know of my 
brother-in-law's daughter who came home with the" same clothing 
she wore to school, and very lousy — her hair being full of nits. 

The allotment lists were completed in 1912. but have no been ap- 
proved. Many of the lands selected by the Indians for allotment 
are the lands upon which they have lived for years and upon which 
they have some little improvements. The failure to approve the 
allotments makes much trouble and uncertainty for the Indians in 
their working, use, and control of their lands. Cattle and sheep men 
trespass upon their lands and they are without redress. Conq^laints 
to the superintendent bring no relief. One man who got after tres- 
passers and threatened them showed a receipt signed by Arthur E. 
McFatridge, superintendent, but the Indian got nothing. The pres- 
ent uncertain condition prevents the Indian allottee getting the use 
and benefit of his land and retards development. The allotments 
should be approved and the surplus stocked with cattle and horses or 



BLACKFEET INDIAN EESERVATION. 573 

leased. Formerl}^ the reservation was fenced, and we are now pay- 
ing men as fence riders when there is no fence. There are many 
trespassing cattle on the reservation that pay nothing to the In- 
dians for grazing privileges, but the Indians who have a few cattle 
have to pay a tax to the superintendent in charge. They are charged 
$1.50 per head for cattle and $'2 per head for horses. Even where the 
Indians pasture their cattle upon their own allotments they have to 
pay a grazing tax. The superintendent is more certain to collect 
from the Indians than he is to collect from the white men who are 
trespassers. In fact, it looks as though the white man, in numy in- 
stances, was the beneficiary of the reservation rather than the In- 
dian. This use of the land is one Avhich the tribe wish considered by 
the department and the commission, and we should have a full, 
fair, and open opportunity to present our complaints and to suggest 
remedies. 

There seems to be, and is. a certain unfairness in always prose- 
cuting the Indians for having liquor on the reservation, but always 
letting the white man bootlegger go. This is the practice of the 
superintendent. 

Indians of the Blackfeet tribe are arrested upon the verbal orders 
of Supt. Arthur E. McFatridge and are imprisoned witliout the 
filing of any complaint, issuance of warrant or writ, and without 
any hearing. He takes money for fines without hearings and holds 
up the money of Indians w'hich comes into his control without their 
consent, and this power is exercised in a mean, brutal, and incon- 
siderate manner. His language when he is angry is coarse, vulgar, 
and profane. He is of a vindictive nature, of violent temper, and 
not moderated by any kindly impulse. 

The store at Blackfoot Station is maintained under the name of 
the Blackfoot Mercantile Co. Leslie McFatridge, son of the super- 
intendent in charge of the Blackfeet Agency% is a clerk and often in 
charge of the store. It is reputed that the superintendent is inter- 
ested in this store. His son has access to the agency books and 
records, which give the inside information as to whom of the In- 
diams have money available for trade of any kind and the oppor- 
tunity to sell to him as w^ell as to induce him to purchase needlessly. 
That, with the opportunity of knowing when the money is to be 
paid, gives him an advantage over all other traders and places the 
Indians at the mercy of such a trader. This son spends the day at 
the store and returns to the agency at night. The agency or Govern- 
ment team is used for his convenience. When the roads are good the 
superintendent drives him back and forth in the agency or Gov- 
ernment automobile. This store seems to be doing a good business 
and, although G miles from the agency, does as much, if not more, 
business than the agency stores. 

A large steam plow was purchased for the Blackfeet Indians 
with tribal money. It has been running two seasons and not one 
full Indian has had the use of this plow. White men have used it, 
and they claim that they have paid the superintendent for it. This 
plow, if used for the benefit of the Indians, would have helped sev- 
eral communities to plant oats and potatoes and other vegetables 
that w^ould have helped them with food during the winter season. 
Several camps would have planted and cared for crops of various 



574 BLACKFEET INDIAN RESERVATION. 

kinds had they had the sod broken. There was tribal money with 
which to purchase the plow and plenty to run it, had there been a 
disposition on the part of the superintendent to help the Indians. 
It seems only to have been used to benefit white men and the super- 
intendent. The real purpose for which it was purchased — the 
Indian — never seems to have moved the superintendent. Frequent 
requests by Indians met with no results, and no benefit to the Indian 
has resulted. The use of this plow in the manner it has been used 
is a shame and a disgrace, because the needy full blood for whom 
it was purchased got nothing from it, while the well-to-do white 
men, who married into the tribe, had the use of it. 

The Chairman. Mr. Hamilton, do you know Wolf Tail? 

Mr. Hamilton. Yes, sir. 

The Chairman. Is he the chairman of the Blackfeet Tribal 
Council ? 

Mr. Hamilton. Yes, sir. 

The Chairman. You reside on the reservation ? 

Mr. Hamilton. Yes, sir; I do. 

The Chairman. What is approximately the number of Indians on 
that reservation ? 

Mr. Hamilton. Twenty-seven hundred. 

The Chairman. What business do most of them engage in, if any? 

Mr. EL^MiLTON. Live stock. 

The Chairman. Do you know the total number or approximately 
the total number of cattle owned by the Indians on the reservation? 

Mr. Hamilton. About 20,000 all told — cattle and horses. 

The Chairman. What proportion of them are cattle and what 
horses ? 

Mr. Hamilton. There are more horses than cattle. 

The Chairman. Do all of the Indians who run cattle on ranges 
pay grazing tax ? 

Mr. Ha3iilton. Well, most of them come to me and complain, and 
they show me their notices. 

The Chairman. What I was trying to find out was if you know 
whether the superintendent exacts a tax from all of them or claims 
a tax from all of them. Do you know how that is ? 

Mr. Hamilton. He claims he has authority. Let me explain, 
Senator, in connection with this grazing-tax business, that after the 
reservation was fenced a delegation came down here and fixed the 
rate of the grazing tax. They were to tax all over 100 head, and 
there was protest made against that, so they changed the taxation 
from that condition to all cattle which did not bear the I. D. Brand 
would be taxed. 

The Chairman. Why that distinction? 

Mr. Hamilton. That is what we want to loiow. We have never 
been able to find out up to this time. 

The Chairman. What is the I. D. Brand ? 

Mr. Hamilton. That is the Indian Department Brand. 

Senator Lane. Do you own any cattle ? 

Mr. Hamilton. I did own cattle; I do not own any now. 

Senator Lane. Are you paying any grazing tax? 

Mr. Hamilton. I pay on one cow that was sold to me by a white 
man, which did not have the I. D. brand, and I pay the grazing 
tax on that cow. 



BLACKFEET INDIAN EESERVATION. 575 

The Chairman. How intiny cattle are owned by the Indian De- 
partment on that reservation ? 

Mr. Hamilton. A great deal k'ss now, nnder the protection of 
the I. D. 

The Chairman. I notice you say that the number of cattle on the 
reservation now is far less than it was wdien the present superin- 
tendent went there. I want to know how you know that to be true. 
AYhat facts do you base that statement on? 

Mr. Hamilton. I base this statement on my observation, the num- 
ber of Indians who had cattle four years ago and who have not got a 
hoof noW' ; most of them have just got a team to get along with. 

The Chairman. How long has Mr. McFatridge been superin- 
tendent of the reservation? 

Mr. Hamilton. Four years next April. 

The Chairman. Has he Government farmers to assist in his 
w^ork ? 

Mr. Hamilton. They had wdiat they called " district " farmers. 

The Chairman. How many? 

Mr. Hamilton. They had four. 

The Chairman. Are there any there now? 

Mr. Hamilton. No, sir. 

The Chairman. What area of land on that reservation is in culti- 
vation, if any, or is any of it susceptible of cultivation ? 

Mr. Hamilton. There are about 35,000 acres of irrigable land 
allotted to the Indians, and there are about 3,000 acres all told that 
are broken and actually in cultivation. 

The Chair:man. Do you know what the total area of the reserva- 
tion is, Mr. Hamilton? 

Mr. Hainiilton. The reservation is 55 miles square, and there are 
57,000 acres of surplus land. 

Senator Tow^nsend. That is tribal lands, you mean? 

Mr. Hamilton. Tribal lands. 

Senator Tow^nsend. That is what you mean by " surplus " ? 

Mr. Hamilton. Yes, sir. 

The Chairman. You have produced here before the joint com- 
mission what you say is a weekly ration, which was allowed these 
Indians, or apportioned to those Indians. Bring that up here. 

(At this point Mr. Hamilton produced and exhibited before the 
commission certain cloth sacks containing rations.) 

Senator Lane. Are those weekly rations? 

Mr. Hamilton. Monthly rations, issued to the blind and infirm. 

The Chairman. Y"ou do not mean to say that this [indicating the 
sacks produced by Mr. Hamilton] is ail that is supplied to an 
individual Indian on that reservation as a ration for the entire 
month ? 

Mr. Hamilton. Y"es, sir; Senator, that is what I mean. 

Senator Lane. That is for people wdio are helpless or in very 
bad health? 

Mr. Hamilton. Helpless, sick, and indigent. 

The Chairman. Do you Imow of your own knowledge whether 
this is the legal ration provided by the department? Have you 
looked into that to find out? 

Mr. Hamilton. I did not have the access to the records, Senator, 
to find out. That is the allowance there. 



576 BLACKFEET INDIAN RESERVATION. 

The Chairman. Where did you get this? 

Mr. Hamilton. I got them from Joe Wall, just as they were 
issued to him. I had asked him before, and he told me that is what 
they call " fancy " rations, that stuff. He said they were going to 
draw " fancy rations next Friday," and I told him, " Would you 
bring it over to me? I want to use them as samples." He said he 
would; and he did so, just as he drew them from the commissary. 

The Chairman. Do you mean to say there are different kinds of 
rations issued — fancy and ordinary — and that this is the monthly 
ration ? 

Mr. Hamilton. This is the monthly ration, and the beef and flour 
are supposed to come weekly. 

The Chairman. What amount of beef and flour is issued weekly? 

Mr. Hamilton. A pound per day. 

Senator Lane. A pound a day each of beef? 

Mr. Hamilton. A pound. 

Senator Lane. For each sick person, or everybody? 

Mr. Hamilton. No; not for everybody. This only refers to the 
infirm and the blind. 

Representative Stephens. You say there are 1,500 beans a month? 

Mr. Hamilton. That is what they tell me. They count them. 

Representative Stephens. That would be 75 a day and 25 a meal? 

Mr. Hamilton. Just about. 

Senator Lane. How many indigent Indians are there on the res- 
ervation ? 

Mr. Hamilton. I was told by the butcher who issued those rations 
that he had about a hundred tickets. 

Senator Lane. Is there much tuberculosis there? 

Mr. Hamilton. Yes, sir. 

Senator Lane. And how about trachoma? 

Mr. Hamilton. There is a good deal of it. 

Senator Lane. What is the percentage? Do you know? 

Mr. Hamilton. I could not give you an estimate; but there was 
a doctor sent out from the department — from the Marine Corps — 
and he took charge of that case and doctored a good many of them. 
He did that for tAvo months. 

Senator Lane. How long ago was that? 

Mr. Hamilton. That was during August and September. 

Senator Lane. What is the condition out there now as to suffering 
and hunger and things of that sort? 

Mr. Hamilton. Very bad, Senator. 

Senator Lane. You think it is? 

Mr. Hamilton. Yes, sir. 

Senator Lane. How are they housed? Do they live in tepees, 
any of them? 

Mr. Hamilton. No, sir ; they live in houses. There are a few liv- 
ing in tepees — Chippewa Cree Indians. 

Senator Lane. You have some Crees there? 

Mr. Hamilton. Yes, Senator; supposed to be Chippewas. 

Senator Lane. What are they doing up there? 

Mr. Hamilton. They allotted some of them out there. 

Senator Lane. On allotments? 

Mr. Hamilton. Yes; and they won't stay. They have lots of 
trouble. A great many of them are down at Great Falls wintering 



BLACKFEET INDIAN RESERVATION. 577 

down there on the charity of the people, and they shipped some sup- 
plies to them from the Indian Department. 

Representative Stephens. I will ask you where you were during 
the winter of 1913, covering the time about the inauguration? 

Mr. Hamilton. I was here, Mr. Stephens. 

Representative Stephens. Where did you stop that Avinter— at 
what place? 

Mr. Hamilton. At Mrs. Church's. 

Representative Stephens. Were you about the National Hotel in 
this city? 

Mr. Hamilton. For part of the time I was at the National. 

Representative Stephens. Were you there in the evenings, and 
did you see McFatridge there? 

Mr. Hamilton. Yes, sir. 

Representative Stephens. At any time? 

Mr. Hamilton. Yes, sir. 

Representative Stephens. Can you state to us whether or not you 
saw him patronizing the saloon; and if so, about how often? 

Mr. Hamilton. I saw him two or three times come out of there. 

Representative Stephens. What was his condition? 

Mr. Hamilton. He was intoxicated. 

Representative Stephens. What were his actions and conduct? 

Mr. Hamilton. Well, ungentlemanly ; he staggered around there 
in the hotel. 

Representative Stephens. What Indians besides yourself were 
there observing his conduct? 

Mr. Hamilton. Curly Bear, Mountain Chief, and Sanderville. 

Representative Stephens. Did you see Mr. Holcomb there at any 
time — an Indian inspector? 

Mr. Hamilton. Yes. 

Representative Stephens. What was his conduct? 

Mr. Hamilton. He and McFatridge stayed around together and 
patronized the saloon. 

Representative Stephens. Was that the bar in the hotel that they 
patronized ? 

Mr. Hamilton. Yes, sir. 

Representative Stephens. About how many Indians would there 
be around there of an evening when he would be in that condition ? 

Mr. Hamilton. There were five of us in our delegation, and were 
four Crow and some Sioux. 

Representative Stephens. How often did you see him partially or 
wholly intoxicated during that time? 

Mr. Hamilton. No; I did not see him; but I think it is safe to 
say they were drinking the way they looked. He came in there 
smacking his lips, and they took handkerchiefs and wiped their 
mouths just at the door. McFatridge looked at me and he says, 
" You do not drink, do you?" I said, " I never indulge." 

Representative Carter. You take a drink, do you not? 

Mr. Hamilton. I take tea, coffee, and water. 

Senator Lane. You do not drink any " fire water " ? 

Mr. Hamilton. No, Senator. 

Representative Stephens. I will ask you what the condition is on 
the agency relative to drinking intoxicating liquors, and whether or 



578 BLACKFEET INDIAN RESERVATION. 

not the Indians are generally addicted to the use of intoxicating 
liquors ? 

Mr. Hamii.ton. Generally. 

Representative Stephens. Where do they get that whisky? 

Mr. Haimilton. Tliey get it at the Cut Bank town and at the Glazier 
Park, and the Glazier Park is on the reservation. 

Representative Stephens. Do you know whether the agent knows 
that fact — that the Indians are getting whisky? 

Mr. Hamilton. Yes, sir. 

Representative Stephens. Plow do you know that ? 

Mr. Hamilton. It has been reported to him. 

Representative Stephens. By whom? 

Mr. Haimilton. By a number of people. 

Representative Stephens. What did he do when these reports were 
made to him ? 

Mr. Hamh.ton. He did not pay any attention to them; and I have 
four names here of men who brought whisky en the reservation — • 
brought whisky on the reservation — four white men. 

Representative Stephens. Give us the names and the circum- 
stances. 

Mr. Hamilton. On Thursday evening, September 25, 1913, four 
white men arrived in Browning about 8 p. m. in an automobile. 
These men were all in an intoxicated condition, and upon register- 
ing at the hotel and being assigned rooms the town marshal discov- 
ered that they had in their possession a quantity of liquor. He im- 
mediately placed them under arrest and confiscated a quart bottle 
which contained whisky. This was taken as evidence against the 
men, who were immediately placed in jail. After their arrest, on the 
following morning — ^Friday, September 26 — Supt. McFatridge in- 
structed his police to bring these men before him in his office. This 
was done, and within a short time thereafter the men were released 
without any charge being preferred against them, despite the fact 
that they were guilty of introducing liquor upon the reservation, and 
with conclusive evidence to prove their guilt. 

After being allowed to go on their way the men proceeded to 
Glazier Park, a distance of about 15 miles from Browning. Upon 
their arrival there they related their experience of the previous night, 
and upon being asked as to why such leniency was accorded them one 
of them remarked that while he " positively did not know the rea- 
son," yet he " believed that it was because of the fact that he was a 
member of the same fraternal order of which Supt. McFatridge was 
a member." 

The names of these men are as follows : C. E. Plunkett, J. D. Har- 
rison, A. F. Turner, and D. M. Mooney, all of Chesaw, Wash. 

Representative Stephens. Was this hotel where these men had this 
whisky in their possession on the reserve ? 

Mr. Hamilton. Right in Browning; yes, sir. 

Representative Stephens. How far was the agent's home from 
that, where he lived? 

Mr. Hamilton. About 300 yards. 

Representative Stephens. How long after they were found with 
this whisky and arrested was it made known to the agent that those 
men were in jail? 



BLACKFEET INDIAN RESERVATION. 579 

Mr. Hamilton. The same evenino': they took this bottle of whisky 
right up to his home. 

Representative Stephens. And then the next morning he ordered 
them released? 

Mr. Hamilton. Ordered them to his office and dismissed them. 

Representative STEPHE^'S. What (jther facts have you of a similar 
character, if anything? 

Mr. Hamilton. I have here evidence in regard to a white man, the 
postmaster at Browning. This man was caught w^ith the whisky. 

Representative Stephens. What was done with him? 

Mr. Hamilton. He was drunk and the superintendent knew he 
was drunk, and there is an affidavit made by Mr. Waite, the alloting 
agent, at the time of the circumstances relating to his condition, and 
this has been filed with the commission. 

Representative Stephens. Here at Washington? 

Mr. Hamilton. With the joint commission. 

Representative Stephens. How much whisky did he have on his, 
person on the agency at the time he was found with it ? 

Mr. Hamilton. This w^as Whistler. 

Representative Stephens. Tell us about that. 

Mr. Hamilton. He was at home. He was drunk and he chased; 
his wife out of the home, and she went on up and called for help-, 
and the agent w^ent down, and the Avhole agency went down to testify, 
and then he broke out. 

Representative Stephens. What became of the man; did they do; 
anything to him? 

Mr. Ha:milton. He ran away; went down to Blackwood Station, 
and stayed down there all night, and a few days afterwards he came 
home. 

Representative Stephens. Was he punished for it? 

Mr. Hamilton. No; he w-as never tried; he was not punished. 

Representative Stephens. Do you know where he got that 
whisky ? 

Mr." Hamilton. Yes, sir; it is stated in there that he shipped it in., 

Representative Stephens. By express? 

Mr. Hamilton. Yes, sir; he shipped in 2 quarts of wine from 
Whitefish ; there is where he got his " booze." 

Representative Stephens. Are there any other cases similar to 
that ? 

Mr. Ha:\iilton. Those are the most important. 

Representative Stephens. Do you know of any other cases called 
to his attention where whisky had been introduced in the agency ? 

Mr. Hamilton. At the Glacier Park? 

Representative Stephens. Yes; at Glacier Park. 

Mr. Hamilton. Yes; at the Glacier Park they called his attention 
to some mixed bloods who got the wdiisky at the Glacier Park, and 
the only answer he gave was that the " Great Northern have the com- 
mission from the United States," and he could not do anything. 

Representative Stephens. The Great Northern Railroad * 

Mr. Hamilton. The railroad. 

Representative Stephens. Concession to ship whisky into the 
park? 

35601— PT P.— 14 2 



580 BLACKFEET INDIAN RESERVATION. 

Mr. Hamilton. Concessions for the Glacier Park hotels, and this 
is right on the reservation. The Glacier Park Hotel is right on the 
railroad — the east entrance to the park — and they keep a saloon down 
there in the basement and some of the Indians got some of this 
whisky and they they came down to Browning. 

Representative Stephens. You say the Indians got some of the 
whisky. How do you know they got it ? 

Mr. Hamilton. They told us themselves. Six of them went right 
down and told Cooper where they got the whisky. 

Eepresentative Stephens. Did they get it out of that hotel bar? 

Mr. Hamilton. At the Glacier Park Hotel. 

Representative Stephens. Did you ever see any of it sold at that 
hotel over the bar ? 

Mr. Hamilton. Yes, sir. 

Representative Stephens. About how often? 

Mr. Hamilton. It is an every-day occurrence. I did not see it, 
when I was up there, sold to any Indians. Mr. Cane, who is the 
dining-car inspector — I met the gentleman coming down to Washing- 
ton last year and got acquainted with him, and I happened to see 
him out there, and he says, " Have you ever been through the hotel ? " 
I said, " No, sir." He said, " Come along." So he took me down to 
the basement, and right down the alley, and said : " You see this 
den here? There is where we sell the liquors, the whisky; but we 
only sell it to the white people. We do not sell it to the Indians." 
I said, " The Indians get it though, just the same." 

Representative Stephens. Do you know whether the agent knows 
that or not ? 

Mr. Hamilton. His attention has been called to it. 

Representative Stephens. Can you inform us of the names of the 
men who called attention to the fact that the saloon was selling 
whisky to the Indians ? Can you give us some of the names ? 

Mr. Hamilton. Mr. Cooper furnished me that fact, and he said 
that the Peterson boys gave him this information — Melvin, Frank, 
Walter, and Oscar, four Petersons — there are five of them ; I do not 
know which one of them gave the information. 

Representative Stephens. One of these names you have mentioned? 

Mr. Hamilton. There are five of them. 

Meeting of a General Council at Browning, Mont., January 16, 1914. 

Minutes of a general council of the Blackfeet Tribe of Indians of the State 
of Montana, having convened in regular council according to the manner and 
custom of the tribe and for the purposes as herein set forth this 16th day of 
January, 1914. After consideration of the matters for which the council was 
convened, the following resolution was submitted, interpreted, and considered: 
"Whereas the Blackfeet Indians of the State of Montana are anxious and 
desire to send a delegation to appear before the committees of Congress and 
departments at Washington, D. C, having to do with Indian matters; that 
there is now pending before the departments and Congress of the United 
States the jurisdictional act, the special act of 1907, providing for allot- 
ment of land In severalty and disposition of surplus lands after allotment, 
and Chippawa-Cree question, and the tribe believes it should have repre- 
' sentatives; that these and numerous other interests would be more fully 
protected by a duly authorized and accredited delegation in whom the 
Blackfeet have confidence ; and 



BLACKFEET INDIAN RESERVATION. 581 

" Whereas the Blackfeet Tribe of Indians of Montana have confidence in the 
ability and integrity of Robert J. Hamilton, Oliver Sauderville, Yonng Man 
Chief, Black Weasel, and Wolf Plume, who have had some experience in 
Indian matters and Indian lobby and along the line of service we desire: 
Now, therefore, be it 

"Resolved by the Blackfeet Tribe of Indians by their assembled council, 
That said Robert J. Hamilton, Oliver Sanderville, Young Man Chief, Black 
Weasel, and Wolf Plume, of our tribe, be, and they are hereby designated and 
appointed the delegates, agents, and attorneys in fact of our said Blackfeet 
Tribe to appear for and on behalf of our said Blackfeet Tribe before various 
departments having to do with Indian matters; to assist and prosecute in the 
Court of Claims the claim of our said tribe against the United States, arising 
under treaty stipulations, acts of Congress, agreements, and Executive orders. 

" The said Robert J. Hamilton, Oliver Sanderville, Young Man Chief, Black 
Weasel, and Wolf Plume are hereby elected in open council and authorized 
to look after any and all of the interests of the said Blackfeet Tribe of In- 
dians as may be pending before the committees of Congress in the form of 
bills or in any way pertaining or relating to our tribal lands or funds now in 
the Treasury of the United States, whether tribal or individual, and for the 
further purpose of giving out said tribe information and advice concerning 
their affairs in order that they may fully know the facts and be thus enabled 
to act intelligently relative to their tribal affairs; and to also appear before 
any of the committees of Congress or the executive departments of the Govern- 
ment as the accredited representative of our said tribe. 

"That the compensation of the said delegates shall be $5 per diem, to include 
a reasonable and suitable allowance for expenses when actually engaged 
or required to travel in the interest of the said Blackfeet Tribe. The term 
of service shall be for from January, 1914, to until the consummation of the 
said claim of our said tribe is reached." 

After full consideration, the resolution was unanimously adopted, as will 
more particularly appear from the signature of all present in the council, hereto 
attached. 
The members of the council : 

President. 
Vice President. 
Secretary. 
The popular vote of the reservation: 

John Bostwick. 
Chas. Powell. 
Tom J. Davis. 
Thos. Bogy. 
Mrs. Mary Powell. 
Mrs. Anna Powell. 

(And 20 others.) 



At Browning, in the county of Teton, State of Montana. November — , 1913. 

On this, the day and date first above written, we, the undersigned members 
of the Blackfeet Tribe of Indians in the State of Montana, and a majority of 
the said tribe, have convened, according to our usual manner and custom, for 
the purpose of considering the matter of the expenses and per diem compensa- 
tion of Robert J. Hamilton, heretofore duly elected by our tribal council as a 
delegate of the Blackfeet Tribe of Indians to the seat of Government at the 
city of Washington, D. C. : Now, therefore, be it 

Re.'tolved, That whereas the said Robert J. Hamilton proceeded under the 
instructions of our tribal council and did represent the Blackfeet people before 
the executive department of the Government having to do with Indian matters 
and before the committees of Congress of the United States and otherwise fol- 
lowed the instructions of our tribal council, we therefore request, authorize, 
and direct the honorable Commissioner of Indian Affairs to pay any and all 
proper expenses incurred by the said Robert J. Hamilton in the performance 
of his duties, including transportation both ways, a per diem of not less than 
$5 per day, including the day of departure from this reservation, which was 
on the 26th day of February, 1913, and the day of his return thereto, which was 
on the 5th day of August, 1913; the pay of necessary clerical hire in the way 



582 BLACKFEET INDIAN RESEKVATION. 

of stenographers or otherwise at the caistomary price for such services, both in 
preparing papers for the consideration of the department and the committees 
of Congress and in the preparation of letters and telegrams to the members of 
the Blaclcfeet tribe, advising them from time to time as to the status of their 
matters in Washington, D. C, to the end that the said expense shall be promptly 
paid from the tribal funds of the Blackfeet Tribe, and in furtherance thereof 
hereunto for that purpose set our hands, this the day and date first above 
written. 

Wolf (his thumb mark) Plume, 

Councilman. 
Curly (his thumb mark) Bear, 

Councilman. 
Fish Wolf (his thumb mark) Robe, 
Wolf (his thumb mark) Eagle, 
John Ground, 
Running (his thumb mark) Crane, 

CouncilmAin. 
White (his thumb mark) Antelope, 

Coimcilman. 
(And others.) 

Minutes of a General Council. 

At council chambers of the Indians belonging to the Blackfeet Agency of 
Montana, held in Browning, County of Teton, State of Montana, on this 16th 
day of January, 1914, the Indians of said agency convened according to the 
usual manner and custom of the tribe, for the purpose of considering the 
selection of delegates to Washington, D. C, to represent tribal affairs. 

The meeting was held at the instance of Vice President Mountain Chief. 
I'resident Wolf Tail presided with agency officers of the tribal council of said 
agency 

On motion nomination of delegates was agreed to. John Croff nominated 
R. J. Hamilton, Frank Guardipee. Wolf Plume, and Curly Bear. Nomina- 
tions lost. 

Thomas Kiyo nominated James Grant, Owl Child, Young Man Chief, and 
R. J. Hamilton. Nominations lost. 

Richard Sanderville nominated President Wolf Tail, Ohver Sanderviile, 
Wolf Plume, Black Weasel, and R. J. Hamilton. Nominations lost. 

Main Tail Feathers nominated R. J. Hamilton, Oliver Sanderville, and Black 
Weasel. Nominations lost. 

George Pablo nominated Wolf Plume, Curly Bear, Frank Guardipee, R. J. 
Hamilton, and Oliver Sanderville. Nominations lost. 

President Wolf Tail nominated R. L. Hamilton, Oliver Sanderville, Wolf 
Plume, Black Weasel, and Young Man Chief. Nominations were seconded by 
Yice President Mountain Chief and Richard Sanderville. 

These last-named parties were duly elected as delegates. 

The resolutions hereunto attached were unanimously adopted. 



President. 



Acting Secretary. 
(Note. — The above minutes are not signed.) 

STATEMENT OF W. J. KERSHAW, ATTORNEY AT LAW, MENOMO- 
NIE, WIS. 

Mr. Kershaw. May I say a further word or two with reference to 
the Blackfeet Agency? 

The CiiAiRaiAN. We shall be very glad to hear you. 

Mr. Kershaw. I do not know what the situation with respect to 
the tribal fund is out there. I have been out in Glacier National 
Park for three summers— I spend my vacations out there; and that 



BLACKFKET IKDIAX EESERVATION. 583 

pcark was purchased tVoiii the Bhickfeet Indians, was it not, Mr. 
Hamilton ? 

Mr. Hamilton. Yes, sir; in 1895. 

Mr. Kershaw. What was done with the inonev, do yon know? 

Mr. Hamilton. It has been expenck'd. In the agreement of 1895 
it was provided that the i)ayment should he made in 10 years, by 
annual installments, $15(),0()(); and in 1S1)5 the lirst payment under 
that agreement was expended in buying cows. Those cattle were 
issued to the Indians. 

Mr. Kershaw. How much did they get for it, do you know? 

Mr. Hamilton. A million and a half dollars. 

Mr. Kershaw. It is in the extreme northwest corner of Montana, 
and it is the most wonderful spot on the face of the globe. You 
may go into basins there and see five cataracts 3,000 feet high pour- 
ing oyer the mountain wall. That is the chara(!ter of the scenery 
that is in there — mountain lakes, streams, wonderful views, and 
scenery. The Blackfeet sold them this right off the west end of 
their reservation, and the Great Northern road has built a hotel at 
the east entrance to this park. The park is sold off the west end of 
their reservation, and the Great Northern Hotel is at the east entrance 
of the park. 

Representative Carter. That makes it next to the reservation? 

Mr. Kershaw. I believe they bought 35 acres on which to locate 
their hotel. The entrance to the park is at three main entrances, 
running directly north from this hotel clear to the Canadian line. 

Senator Lane. How far is it from the Canadian line ? 

Mr. Ivershaw. About 70 miles, I should say. 

Mr. Hamilton, No; it is not that far. It is 35 miles due nortli. 

Mr. Kershaw. The Great Northern road has built an automobile 
road through the reservation, so that its passengers may be carried 
into the park through each of these three entrances. I do not know 
how that road came to be built. I suppose it was by the mutual con- 
sent of the tribe and the Government, but it is on the land of the 
tribe, and it occurred to me that the Blackfeet Indians accorded a 
mighty valuable privilege there to the Great Northern road, be- 
cause they own and control the entrances to this park, and if they 
are receiving no toll for that or nothing in return for it, it seems 
to me they are giving up a mighty valuable privilege. The traffic 
into that park will be, I think, in time more extensive than it is into 
the Yellowstone Park, and, of course, they wdll all come over the 
Great Northern, or possibly may come in from Canada, but all will 
have to enter the park through these entrances belonging to the 
Blackfeet Indians. 

Representative Stephens. Have you any coal or oil or other min- 
eral deposits or timber? 

Mr. Kershaw. No; not that I know of. 

Mr. Hamilton. We have gas. 

Representative Stephens. Or iron or copper — minerals of any 
kind? 

Mr. Kershaw. No minerals that I know of. That whole district 
has been prospected. 

Representative Stephens. It consists of farming lands and timber 
land and grazing lands? 



584 BLACKFEET INDIAN EESERVATION. 

Mr. Kershaw. Yes. They have discovered oil, but it has not been 
operated with success. They have oil wells there, quite a number of 
them. 

This part of it was set apart for the national park, but over at the 
extreme west end there is the Flathead River Valley, and I under- 
stand there is a movement on foot to turn that over to homesteaders. 
They have estimated that 900 homesteads of 360 acres each may be 
located there. This is magnificent land. Do you not see by that 
transaction they have taken this homestead land for the purpose of 
a national park and deprived the Indians of the use of it in case it 
could be sold for them? That is just what I observed from visiting 
there. I do not know whether it would pay to look into it or not, 
but it looked to me as though the Great Northern was using a mighty 
valuable privilege there. If a private man owned it he would cer- 
tainly be exacting toll for it. 

Representative Stephens. The object is to induce the people to go 
over the road to see the scenery, and patrons of the hotel use the 
automobile roads? 

Mr. Kershaw. Yes. There is no other way to get them in the 
park except by these entrances owned by the Indians. 

Representative Stephens. Did they pay anything for that privi- 
lege, that you know of? 

Mr. Kershaw. I do not think they did, but just went on and built 
the road without asking any questions. 

Mr. Hamilton. The act creating the Glacier Park provides that 
the roads and hotel should be built, and the Great Northern Railroad 
Co. undertook to build those hotels, and they are to be turned over 
to the Government, as I understand it. 

Mr. Kershaw. The automobile road from the hotel north, that is 
to be turned over to the Government. It is a public road. 

Mr. Hamilton. If they did not object to it they would build it at 
their expense for the use of the Indians and the public generally, but 
it is worth while to look into the automobile road. That is quite an 
issue on the Blackfeet Reservation. They have destroyed some of the 
allotments by cutting it up with this road, but they said they would 
pay damages for the right of way ; but they have not done it yet. 

(The following documents were submitted by Mr. Hamilton and 
directed by the chairman to be inserted in the record.) 

Department of the Interior, 
United States Indian Service. 

ITintah and Ouray Indian Agency, 

Fori Duchesne, Utah, June 22, 1913. 
Mr. Robert J. Hamilton, 

National Hotel, Washington. D. C. 
Dear Friend : I renieniber you very well, and I was very glad to hear from 
you. You refer in your letter'to my last visit to the Blackfeet Reservation and 
inquire whether I reported on conditions existing there. 

In reply, I will say that I invited the attention of the Indian Office to condi- 
tions prevailing at the Blackfeet Agency during my visit there last November 
(1912). I was prevented by my orders from making a general investigation, 
but in a letter to the office dated December 30, 1912. I reported on certain things 
which came under my observation, and requested that a general inspection be 
made of McFatridge's administration, which I found wholly unstitisfactory. 
What action has been taken on my letter I do not know. 

At first I held a high opinion of McFatridge. but since I have come to know 
him better he has fallen in my estimation. 



BLACKFEET INDIAN RESERVATION. 585 

lu ui.v rei)ort on bis coimoctioii with the Wymaii-rartridge case I reported 
fidversely against liini. All of those letters are now on tile in the Indian Office, 
and beyond doubt they will give access to their tiles and permit yon to see 
thenj. I have no hesitancy in expressing the opinion that the Blackfeet Indians 
of Montana should have another man to look after their affairs. 
Sincerely, yours. 

F. A. Baker, Special Indian Agent. 

(Whereupon, at 4.10 o'clock p. m., the commission stood adjourned 
to meet at the call of the chairman.) 



Joint Commission to Investigate Indian Affairs, 

Washington, D. 6'., March 25, IQlIf. 
The joint commission, being in session, proceeded to hear the testi- 
mony of certain witnesses concei-ning conditions on the Blackfeet 
Reservation. 

TESTIMONY OF MR. MALCOLM CLARK, OF BROWNING, MONT. 

(The witness was duly sworn by the chairman.) 

The Chairman. Where are you from? 

Mr. Clark. Brow ning. Mont. ; the Blackfeet Reservation. 

The Chairman. What matters do you wish to present, Mr. Clark? 
Will you proceed and make your statement? You know I have not 
had an opportunity of conferring with you. and I do not know what 
you want to say. 

Mr. Clark. Well, we want to hold some of our land — hold all of 
it if we can, or hold at least part of it. That is what we are here 
for. 

The Chairman. Are you authorized to represent the tribe? 

Mr. Clark. Yes, sir. 

The Chairman. Have you a formal authorization? 

Mr. Clark. Yes. sir. 

The Chairman. Let me have it. please. 

Senator Townsend. I suppose there is a dispute between you 
and Mr. Hamilton as to who represents the tribe? 

Mr. Clark (handing papers to the chairman). I think we can soon 
prove that. This is the minutes of the meeting we had. 

The Chairman. This will be inserted in the record. 

(The papers submitted by Mr. Clark are as follows:) 

Minutes of the Meeting Held at Blackfeet Agency, Browning, Mont., on 
February 7, 1914. 

The superintendent in charge of the Blackfeet Agency called a meeting of 
the Blackfeet Tribe of Indians on the date above mentioned — after giving due 
notice to as many of the Indians as possible — for the purpose of considering 
and discussing tlie proposition of throwing open to settlement of all the un- 
allotted or surplus land east of the meridian between ranges 7 and 8. 

Approximately 350 members of the tribe assembled in the council room, and 
the house was called to order at about 1 o'clock p. m., and Mr. William Brown 
was unanimously elected chairman for this meeting. 

The chairman then called on Superintendent Arthur E. McFatridge to ex- 
plain the purpose of the meeting, in which the latter responded and explained 
thoroughly, and went over the proposition mentioned above. 



586 BLACKFEET INDIAN RESERVATION. 

The act of 1907, providing for the opening to settlement the unallotted lands 
on this reservation, was one of the points touched upon by the superintendent ; 
also the propositiotn of recommending to Congress, or to the delegation from 
Montana in Congress, the Commissioner of Indian Affairs, and to the Secretary 
of the Interior, the question of throwing open to settlement of the surplus 
lands east of the meridian between ranges 7 and 8 was explnined by means 
of a map which was placed in the council room for this purpose. Many 
opinions were given with regai-d to this proposition, the majority of them, 
however, being in favor of the question. 

After discussing this matter, for and against, it was decided, unanimously, 
that the proposition was a good one, and that a delegation was chosen com- 
prised of four members (all four considered good business men) to confer with 
a committee selected by the various commercial associations and the chambers 
of commerce in the towns near the reservation, and. if authorized, to visit 
Washington for the purpose of taking this matter up in the interest of the 
tribe. The delegates chosen are James Perrine, Charles Buck, Levi Bird, and 
Malcolm Clark. 

Meeting adjourned. 

Wm. Beown, Chairman. 
Patrick Hamley, Secretary. 

I hereby certify that the above is a true and correct copy of the minutes 
of a tribal council held at the Blackfeet Agency, February 7, 1914. 

Arthur E. McFatridge, Superintendent. 



March 6, 1914. 

At a special meeting of the Valier Commercial Club, held March 6, 1914, the 
fbllowing resolution was adopted : 

The Valier Commercial Club fully approves and indorses the action taken at 
a council of the Blackfeet Tribe of Indians, at Browning, Mont., February 7, 
1914, in regard to the opening of the eastern portion of the reservation, more 
properly to open to settlement all the unallotted lands east of the meridian 
between ranges 7 and 8. 

That the opening of the entire reservation at this time would prove a serious 
mistake, as it would dei>rive the Blackfeet Indian of his grazing range, which 
means depriving him of his principal means of earning a living, as the Black- 
feet is a natural live-stock raiser and not a farmer. 

That the territory west of the meridian between ranges 7 and 8 is especially 
adapted to stock rasing and not to agricultural purposes. 

That the opening of that portion of the reservation east of the meridian 
between ranges 7 and 8 will best further the interests of the Blackfeet, and will 
give to the homeseeker that portion of the reservation which can be suc- 
cessfully farmed, and would include the irrigated lands. 

That the wishes of the Blackfeet as expressed at the Browning council receive 
full consideration, to which we lend our earnest endeavor and support. 

That a copy of this resolution be mailetl to Senators Thomas J. Walsh and 
Henry L. Myers, and Congressmen John M. Evans and Thomas Stout. 

Valier Commercial Club, 
C. H. Kester, President. 
R. M. Sauer, Secretary. 



Conrad, Mont.. March 7. 191/f. 
JHon. Franklin K. Lane, 

Secretary Department of the Interior, Washington, D. C. 

;Dear Sir: At a special meeting of the members of the Conrad Commercial 
-Glub. called for the purjtose of considering the question of recommending to 
you the opening to settlement of the lands now within the Blackfeet Indian 
Reservation, Teton County. Mont., it was unanimously decided by the members 
of this organization to recommend, in the strongest manner possible, the open- 
ing of all of that portion of the reservation east of the range line between 
townships 7 and 8 west, MM. 

In view of the fact that your department is lending its assistance in the en- 
couragement of stock raising by the Indians, we feel that their materinl require- 
ments for success along this line depends upon ample [)rovision for free range 



BLACKFEET INDIAN RESERVATION. 587 

for their bands of sheep imtl herds of cattJe ;ind horses over areas wiiere there 
is an abundance of water. 

The opening of this portion of the reservation will not retard the Indian's 
material progress, and we believe it will be the most satisfactory arrang(Mnent 
that could be made at this time for the people are anxious to seltio on these 
lands ; and, at a not distant future time, when the Indians have made sufficient 
progress along agricultural lines to produce and grow cultivated feed to enable 
tliem to get along without the free range, it will at that time be a more feasible 
plan to open up the entire reservation. 

That portion of the reservation east of the range line between townsbip 7 
and S west, MM., can be opened up for settlement without materially affecting 
the interests of the Indians located within the reservation, but, oil tlie con- 
trary, will be a great benefit to them, and, therefore, in compliance with the 
wishes of the Indians there located, through their representatives, we urge 
the opening of this portion of the reservation. 

Respectfully submitted. 

The Conkad Commercial Club, 
E. R. Alquist, Prrsident. 
James A. Murty. Fipcrctnry. 



Great Falls Co^rMER^LVL Club, 
Great Falls, Mont.. March 5. nil',. 
•ITon. Franklin K. Lane, 

Secretary Department of the Interior, Washington, D. C. 
Dear Sir : There was a special meeting of the members of this association, 
called this forenoon, for the purpose of considering the opening to settlement 
of the lands now within the Blackfeet Indian Reservation. Teton County. Mont., 
and after full consideration, it was declared the sense of the meeting — 

That as the department is lending its offices to the encouragement of stock 
raising by the Indians, the material necessity to their success will be the pro- 
vision of ample free range for their communal flocks and herds over areas 
where there is abundant water. 

That if all of the reservation, other than the allotments uiade to the resi- 
dent Indians, is thrown open to homestead settlement, the grazing provision 
for the latter will be inadequate, and will be pronouncedly so at least until 
such time as the Indians have progressed agriculturally in sufiicient degree to 
abundantly and constantly produce cultivated fodder. 

That the best interests of the Indians being par.imount in consideration of the 
facts cited, the retention within the reservation of all the lands now embraced 
within its borders except all of ranges G and 7 west within the north and south 
boundary lines of the reserve, is recommended and strongly urged. 
Very truly, yours, 

L. Newman, Vice Pressident. 
Oliver M. Holmes, Secretary. 



Cut Bank Commercial Bank, 
Cut Bank. Mortt., March If, Wtli. 
James Perrine, Browning. Mont. 

Dear Sir : I herewith send you a copy of resolution adoi)ted by this club bn 
February 9, 1914. regarding the opening of the Blackfeet Reservation. 

At said meeting it was the sense of the club that a copy of said resolution be 
transmitted to each of our delegation at Washington. D. C. 

If there is anything further we can do for you along this line, we vi^ill be 
pleased to give you all the help we can. 
Yours, truly, 

A. J. Whitehead, Secretary. 



Cut Bank, Mont.. February 9, li>H 
To Blackfoot Committee, Browning, Mont.: 

The Cut Bank Commercial Club desires to go on record as being heartily in 
sympathy and accord with the action taken at a council of the Blackfeet Tribe 
of Indians at Browning, Mont., February 7, 1914. in regard to the opening of 



588 BLACKFEET INDIAN RESERVATION. 

the eastern portion of tlie reservation, more properly, to open to settlement all 
the unallotted lands east of the meridian between ranges 7 and 8. 

This range line is almost a natural line of demarcation between the agri- 
cultural and stock-raising zones on the reservation. East of this line lie the 
level bench lands to be watered by the Government irrigation projects, and 
j)ioneer residents of the reservation declare that frosts in the growing season 
occur less frequently over this area than that which lies closer to the Rockies. 

From the line of range 8 to the foothills of the Rockies is the natural grazing 
grounds of the reservation. This club concurs in the conviction of the leading 
residents of the Blackfeet Reservation that the full blood and mixed blood 
Indians are by training and antecedents better fitted for the vocation of stock 
culture than that of grain farming. It does believe that it would not be a wise 
or just policy to open the entire reservation at this time and thus molest and 
in many instances destroy the best means whereby these people earn a liveli- 
hood. It believes that if the reservation is opened after the plan outlined by 
tbe Browning council it will foster a feeling of amity and good will between 
the people upon the reservation, who desire that the vocation of stock raising 
be safeguarded and preserved, and those people contiguous to the reservation 
who desire that the lines of least resisteuce be followed — in other words, that 
nothing of a revolutionary or destructive nature be done by the act of opening 
this fine dominion to settlement and development. 

We believe that those who urge that the entire reservation be opened at this 
time, regardless of the future welfare of those who occupy it at present and 
those who would come, impelled by the lure of free homes, and file upon the 
open lands, regardless of their character or fitness for agricultural pursuits, 
are not doing so in a spirit of calm judgment and disinterestedness. We submit 
that it will in a greater degree conserve the general welfare of all if those who 
come from the agricultural centers of the East and farther West in search of 
homes on the reservation are permitted to acquire the portion best fitted for 
farming pursuits, with the additional privilege of leasing the allotted tracts 
under the irrigation project for hay and grain culture. In this way their 
permanent success will be fairly assured, and those to whom the Government 
has allotted the land will reap adequate returns, while at the same time they 
can ply their natural vocation in the unopened area — that of stock raising. 

We believe that these are the salient points in urging that the Blackfeet 
Reservation be opened without delay, after the plan submitted by the Brown- 
ing council, a copy of the same no doubt being in your possession ; and we 
pledge you our earnest cooperation in bringing the matter to a speedy and suc- 
cessful issue. 

Respectfully submitted. 

A. J. Whitehead, Secretary. 

Mr. Clark. Our reservation up there is about to be thrown open 
to settlement; in other words, taking all our surplus lands away 
from us. There is a law provided under which this is to be thrown 
open — the act of 1907. The Indians up there want to hold their land 
if they can. They want to hold all of it if they can and, realizing 
that it is impossible to hold all their land, are willing to dispose of 
a part of it, willing to dispose of a part along the eastern part of our 
reservation, east of meridians 7 and 8, containing 156,000 acres. This 
land is the land that the State of Montana is urging to be thrown 
open to settlement, and we admit that it contains the best of our res- 
ervation. There are 78,000 acres of this 156,000 acres that is prac- 
tically covered by ditches — reclamation work — ditches made by the 
Reclamation Service. So we have decided that it will be better for 
us to dispose of that portion and keep the balance of it to graze our 
stock on. 

Eepresentative Carter. To dispose of what portion? The irri- 
gable lands? 

Mr. Clark. This section is along the eastern part of our reserva- 
tion and contains 156,000 acres — the surplus lands. 

The Chairman. Does it embrace the irrigated section? 



BLACKFEET INDIAN RESERVATION. 589 

Mr. Clark. There are 78,000 acres of that that embrace the irriga- 
tion system. 

Eepresentative Carter. You want to dispose of that, too ? 

Mr. Clark. Yes; that comes under this 

Representative Carter. How much land have you allotted? To 
the individual Indian, I mean. 

Mr. Clark. Three hundred and twenty acres. Forty acres of that 
is supposed to be irrigable land that can not be watered. 

Representative Carter. And then 280 acres of pasture land? 
Mr. Clark. Two hundred and eighty acres of pasture land. 
Our system is this: The Indians up there are in bad shape, and 
they have got to be put on some sort of footing at this time — some 
sort of business that w^ill grow sulf-supporting in the future, when 
the time comes that our reservation will be thrown open and we 
become citizens on our own responsibility. 

The only industry that those Indians can engage in successfully 
is stock raising, and the land up there is practically stock-raising 
land. We have frost almost every months in the year,^ and we have 
tried farming and never made made any success of it. Even the 
people near us outside of the reservation don't make a success of 
farming, so that the stock industry is the only industry that we can 
make a success at. 

Our proposition is to try to hold as much of this land as we can 
for grazing purposes, and' induce the Government to restock it out 
of the funds of this land we are trying to sell— this 156,000 acres 
that we want to dispose of. It w'ill bring somewhere around a 
million dollars, and we want to induce the Government to put all 
that money into cattle for these Indians and allow the rest of this 
land to graze those cattle on. 

The Chairman. Will it require legislati(»n to accomplish what 
you seek? 

Mr. Clark. Yes, sir. 

The Chairman. Have you presented the matter to the commis- 
sioner ? 

Mr. Clark. Yes, sir. The commissioner says that he will stand 
behind us to a standstill on it. 

The Chairman. The commissioner you understood to be in sym- 
pathy with your plan of operation ( 
Mr. Clark. Yes, sir. 

The Chairman. Now, this joint commission is organized by Con- 
gress to investigate the service generally — to look into abuses in the 
service. We can not assume control of the administrative matters, 
nor do we assume to draw legislation, except such as appears to the 
commission to be necessary to correct or reform existing abuses. 
Of course, in our capacity as Members of Congress we can introduce 
or present and stand for such legislation as we believe to be necessary. 
What I should like to know is why you present the matter here 
rather than to the commissioner and to the Committee on Indian 
Affairs, which has jurisdiction of legislative matters? 

Mr. Clark. We present it so as to acquaint the Senators and 
members of the joint commission with our plan, so that when it 
comes up they will support us in Congi-ess, which we know it will 
have to come before. 



590 BLACKFEET INDIAN RESERVATION. 

The Chairman. Ordinarily we are not in the habit of hearing 
matters in that way, but as you are here we will proceed. 

Mr. Clark. The way this was brought up, we spoke to Mr. Keat- 
ing, secretary to the commission, the other day and wanted to see 
some of the members — Senator Robinson — and he said we had better 
bring it up here in a hearing that he would arrange. 

The Chairman. I recall that Mr. Keating spoke to me about it. 
Do you know what the sentiment of your people is with regard to 
the matters which you propose? 

Mr. Cl.vrk. The majority of them — I think I can say more than 
the majority of them — are in favor of this. It is their desire, and 
they have sent us down here for that. 

The Chairman. Some mention has been made here of Mr. Robert 
Hamilton. Do you know which side of the proposition he is on ? 

Mr. Clark. Yes, sir. On the other side. 

The Chairman. There is then a conflict there among the Indians 
about it ? 

Mr. Clark. Yes, sir. 

The Chairman. Can vou tell us briefly what the other side want 
to do? 

Mr. Clark. The other side has always been on the other side of 
the fence on any jDroposition the people want as a whole. Whatever 
the majority of the people want, there is always a faction that gets 
on the other side of the fence, and this, as we understand it, is more 
of a personal matter wdth them. They are after the agent. We are 
not dow'ii here fighting the agent's battles, or fighting for individuals, 
but since it has come up we deem it no more than right for you gentle- 
men to understand the conditions, and I suppose 

The Chairman. I should be very glad for you to tell us about the 
conditions prevailing there at the agency and on the reservation. 
That is in line with the work that we are specially interested in. 
As to the matter of legislation which you propose, I am sure that 
every member of the commission wdll be glad to give it due con- 
sideration along with our other duties as Members of Congress. 

What are the conditions prevailing among the Indians on the 
Blackf eet Reservation ? 

Mr. Clark. Just as I said, the Indians are in bad shape. 

Representative Carter. You and Robert both agree on that ? 

Mr. Clark. Yes, sir; we all agree on that. We all agree that 
those Indians need help. There has got to be legislation provided 
that will grow some sort of self-support. Just as I say, the cattle 
industry is the only industry they can handle successfully. There is 
no use talking about agriculture, because they will die off time and 
time again before they wdll make agriculture a success. 

Representative Carter. How are you going to make a success of 
stock raising without some agriculture? Don't you have to raise some 
feed? 

Mr. Clark. Our land up there is good hay land. 

Representative Carter. Can you wanter cattle on that hay land? 

Mr. Clark. Yes, sir ; that is the only way we winter cattle. 

Representative Carter. Don't they have to have corn or alfalfa ? 

Mr. Clark. No, sir. Corn would be better, if we could raise it, 
but it is a good hay country, and the cattle industry is a good in- 
dustry, one of the best in the country. 



BLACKFEET INDIAN RESERVATION. 591 

Senator Townsend. Is it 3^our proposition to have the Government 
allot larger portions to each Indian than is now being received? Or 
do you want to keep this surplus as tribal land to be pastured by the 
tribe '( 

Mr. Clark. You see, the allotments have already been made. We 
tried our best at the time the allotment act was being provided to 
get a larger allotment than we have. They cut us down to :52() acres. 
Now. there is over 600,000 acres of surplus land to be thrown open 
that is not allotted, and we want to keep as much of that as we can. 

Senator Towxsend. How do you want to keep it? As tribal land? 

Mr. Clark. Yes, sir; as tribal land — to hold it in common and 
use it in common. 

Senator Townsend. You and two or three other gentlemen who^ 
have been very successful out there — and I am glad that you have 
])een — would get the larger part of the benefit, would you not, under 
those circumstances? 

Mr. Clark. You see, our system up there is to tax everybody there 
a certain amount — over 100 head of cattle you pay tax of a dollar a 
head. This gentleman [indicating] has over 100 head of cattle; he 
pays his tax. It goes into the Indian fund. 

Senator Townsend. Go on and tell us about the troubles out there. 
I agree with Senator Robinson, that that is what we are interested in. 

Mr. Charles Buck. Mr. Chairman, may I say just one word? 

The Chairiman. Yes, sir. 

Mr. Buck. I want to answer that question about the land tax. 
It is quite true that I run my cattle on the reservation, but I 
want you gentlemen to understand that I am not running my cattle 
there for nothing, I am paying for that land, the same as any out- 
sider. Furthermore, I want to state right here that I am not ask- 
ing a thing from the Government. As for myself, I do not wish any- 
thing; all I am asking for is for the Indians. Do you think I am 
going to sit back here and let the Indians suffer ? You will see that 
our plan is right. We think it is right. 

Representative Carter. How many cattle have you? 

Mr. Buck. One thousand head. 

Representative Carter. How much tax do you pay to the Govern- 
ment? 

Mr. Buck. Nine hundred dollars. 

Representative Carter. You have them all in your own name ? 

Mr. Buck. Yes, sir ; in my name. 

Representative Carter, Have you a family ? 

Mr. Buck. Yes, sir. 

Representative Carter. How many ? 

Mr. Buck, A wife and an adopted daughter 15 years old. 

Representative Carter. Would it be possible for you to put 100 
head in your wife's name and 100 in your daughter's name? 

Mr. Buck. No, sir ; I am the head of a family. 

Representative Carter, You can only have 100 to the head of a 
family ? 

Mr, Buck. Yes, sir. 

Representative Carter. Let me ask you another question. Do you 
make a prettv good profit at keeping these cattle at $1 a head ? 

Mr. Buck.' Yes; but that is about all it is worth on the open range. 

Representative Carter. You don't want to give it up ? 



592 BLACKFEET INDIAN RESERVATION. 

Mr. Buck. No. What else would I go into if I gave it up ? 

Representative Carter. That is what I say. You would not have 
anything else to do with your cattle if this reservation was broken up ? 

Mr. Buck. No. 

Representative Carter. You would have to sell your cattle or 
make other arrangements? 

Mr. Buck. I would have to lease land. 

Representative Carter. You would have to lease land and perhaps 
have to pay more for it, would you not? 

Mr. Buck. Possibly a little more. 

Mr. Clark. Of course we know, gentlemen, it has been reported to 
you that we are all big stockmen, that we are working for oursleves 
and all that. There is not a bit of truth in that. 

Representative Carter. You do work for yourselves, don't you ? 

Mr. Clark. Yes, sir. 

Representative Carter. You don't overlook your own interests. 
None of us would do that. And we expect any statement you make 
will be colored with your own interest, as any other man's statement 
would be. 

Mr. Clark. We are down here to help out the condition of the 
Indians. Of course, we know very well that if that reservation is 
thrown open and the country is taken up by the homesteaders, it will 
take those homesteaders about two years to go broke on that land, 
and then we will have a lot of poverty-stricken white people out 
there. You know what a country is that is full of that class of 
people. 

Representative Carter. And you have all the white people there 
that the Indians can support now, haven't you ? 

Mr. Clark. Yes, sir ; we don't want any more white people. 

Those are the conditions. We want to provide those Indians with 
something that will be for their own good. We can safely say that 
90 per cent of those Indians have agreed in this council meeting that 
we had — signified that they want this plan. They want to hold their 
land and they have sent us down here for that. What I am trying 
to get at is, we understand that your minds have been poisoned by 
testimony here that is not right — — 

The Chairman. Now, you tell us what you know about conditions on 
that reservation. Let us see what you know about it. Are condi- 
tions on the reservation satisfactory to you as an Indian, and do you 
think they are to your people ? 

Mr. Clark. Well, no 

The Chairman. Tell us what is wrong there. 

Mr. Clarrk. The whole Indian system, as far as that goes, is wrong. 

The Chairman. The whole what? 

Mr. Clark. The way the Indian Bureau is handling the Indian is 
all wrong. 

The Chairman. Tell us what you think is wrong about it. Tell 
us something specific. 

Mr. Clark. We don't have any voice in the matters we have. We 
have agents appointed over us that we have not any say. We have 
teachers and farmers and all that, that are appointed and work for 
us, paid our our own moneys, and we have no voice. The present agent 
is as satisfactory as any we have ever had. There never was an agent 



BLACKFEET INDIAN RESERVATION, 593 

there but what always had an opposition, and those agents have been 
more or less thieves 

The Chairman. I don't care anything about an argument. If you 
know any specific fact that you want to call to the attention of the 
commission in regard to something that is wrong, we would be glad 
to have it. You have stated that the present agent is as satisfactory 
as any you have ever had. 

Mr. Clark. Yes, sir. 

The Chairman, There is a comparative statement. If you know 
of nothing wrong in the management of the affairs of the reserva- 
tion, that is the end of it ; but if you do, you need not argue what 
has come to our knowledge from other sources. We will attend to 
that. That is not within the proper purview of your testimony. 

Are there any leases on the range on the Blackfeet Reservation? 

Mr. Clark. Yes, sir. 

The Chairman. Who are the owners of the leases ? 

Mr. Clark. They are not exactly leases. We have some cattle 
from outside sources there that are paying taxes for the range. 

The Chairman. They run at so much per head ? 

Mr. Clark. Yes, sir. 

The Chairman. What is the total number of cattle that do not 
belong to the Indians that are running on that reservation? 

Mr. Clark. I could not give the exact figures. Perhaps these 
gentlemen here could give just about the figures. 

The Chairman. You are testifying now. If you do not know say 
so. Do you know approximately? 

Mr. Clark. I think there is something around 5,000 head. 

The Chairman. And they pay a dollar each? 

Mr. Clark. Yes, sir. 

The Chairman. The same that the Indians pay. Do you know 
how many Indians on that reservation have 100 head of cattle each 
or more? 

Mr. Clark. There are not any more than 10. Somewhere right 
around close to 10, I should judge. 

The Chairman. How many cattle do the Indians on that reserva- 
tion own approximately? 

Mr. Clark. About 10,000 head of cattle. 

The Chairman. How many farmers are there on the reservation? 

Mr. Clark. You mean Government farmers ? 

The Chairman. Yes ; that is what I mean. 

Mr. Clark. I think there are two or three. 

The Chairman. Do you know which? 

Mr. Clark. I don't know. I know that there are two. 

The Chairman. What do they do? 

Mr. Clark. They have not been doing very much, for a fact. 
They have not been going amongst the Indians as they should. 

The Chairman. Is the work of the farmers satisfactory ? 

Mr. Clark. No, sir. 

The Chairman. Do you know what duties those farmers actually- 
perform ? 

Mr. Clark. Well, as I understand it, they are supposed to go 
among the Indians and show them how to farm. 

The Chairman. Do they do so? 



594 



BLACKFEET INDIAN KESERVATION. 



Mr. Clark. They don't go ; not as much as they shoukl. 

The Chairman. How many Indians are there farming there? 

Mr. Clark. There is some people there attempting to farm. I 
should say somewhere around 100. 

The Chairman. Who has the control of those farmers who are to 
instruct the Indians in farming? Who directs them in the discharge 
of their duty ? 

Mr. Clark. Why, I suppose it comes from the Indian Office, 
through the agent. 

The Chairman. You are not prejudiced against the agent? 

Mr. Clark. No, sir. 

The Chairman. And yet you bring us the intelligence that the 
farmers are not doing their duty? 

Mr. Clark. Yes, sir. 

The Chairman. You say the Indians are not getting along well? 

Mr. Clark. No, sir. 

The Chairman. What is that due to ? 

Mr. Clark. That is due to the difficulty they have of earning any 
livelihood. The country, in the first place, you see, is a cold coun- 
try — nonagricultural — and the Indian Bureau tried to make them 
an agricultural people. Well, it is not an agricultural country. Any- 
body will fail, and those people that tried to make an agricultural 
business failed at it. I failed at it myself. I gave it a good test. 

The Chairman. You feel that the policy of the administration 
as to that reservation should be radically changed ? 

Mr. Clark. Yes, sir. 

The Chairman. And that, instead of making agriculture the prin- 
cipal end and aim, the Indians should be directed and encouraged in 
stock raising? 

Mr. Clark. Yes. sir. 

The Chairman. That a part of the land should be sold and a 
fund acquired wherewith to purchase a tribal herd to be run on the 
range ? 

Mr. Clark. Yes, sir. 

The Chairman. Do you think the range should be withdrawn 
from the public generally and reserved solely for the Indians? 

Mr. Clark. Yes, sir ; as much of it as we can reserve. If we could 
reserve all the land, that is what we are after. 

The Chairman. Do you know anything about the case of Bertha 
Little Plume? 

Mr. Clark, No, sir. 

The Chairman. Do you know of any complaints as to the matter 
of the enrollment of the Blackfeet Indians? 

Mr. Clark. Yes; I know of parties that are trying to get enroll- 
ment up there, that I think myself should get enrollment, that have 
failed so far. 

The Chairman. How many of them are there? 

Mr. Clark. There are somewhere around about six. 

The Chairman. Do you know anything about the use of liquor 
among the Indians there and the sale of liquor to the Indians ? 

Mr. Clark. Yes, sir. 

The Chairman. Is that going on? 

Mr. Clark. That is going on. 



BLACKFEET INDIAN RESERVATION. 595 

The Chairjiax. Is there a sidooii on the right of way of a rail- 
road there within tlie reservation, maintained by the ra'iirond com- 
panv, where liquor is commonly sold to Indians'^ 

Mr. Clark. Oh, no: no, sir. Thei-e is a place where they sell 
liquor at Glacier Park, but the Indians are not allowed to buy whisky 
there. 

The CiiAiRMAx. Yon say the Indians do not buy whiskv tliere? 

Mr. Clark. They are not allowed to; but then, "of course 

The CnAiR3iAN. I am not talkino- al;out what the law allows. Of 
course I know what the law is: but do you know whether, as a matter 
of fact, they are in the habit of getting liquor there the same as white 
people ? 

Mr. Clark. It is not talked around, and I don't know of anv cases. 

The Chairman. You do not know of it? 

Mr. Cr^^RK. Xo, sir. 

The Chairman. You say you know nothing about the Bertha 
Little Plume case? 

Mr. Clark. Xo, sir. 

The Chairman. You never heard of that case? 

Mr. Clark. No, sir. 

The Chairman. How far do you live from the agency ? 

Mr. Clark. About 8 miles. 

The Chair3ian. Do you visit it frequently ? 

Mr. Clark. Yes, sii\ 

The Chairman. Are you intimate with the superintendent? 

Mr. Clark. Yes; I have occasion to go into his office every now 
and then. 

The Chairman. Do you have any business transactions with him? 

Mr. Clark. Oh, yes; tribal business transactions that we neces- 
sarily have to have. 

The Chairman. Is there anything, Mr. Clark, that you wish to 
state ? There are a number of matters I wish to ask you about, but 
I shall not have time to run through them. 

Mr. Clark. Is this the only hearing that we w^ill have ? 

The Chairman. Xo. Do you know whether any Indians have died 
on that reservation from lack of nourishment during the winter and 
spring of 1913? 

Mr. Clark. I don't know of any that died. 

The Chairman. Do you know^ John Calf Tail's son? 

Mr. Clark. I know John Calf Tail, but I don't know anything 
about his son. 

The Chairman. Do you know ^Morning Eagle ? 

Mr. Clark. Yes, sir. 

The Chairman. Do you know when he died ? 

Mr. Clark. Morning Eagle died — I think it was last year. 

The Chairman. What from? 

Mr. Clark. Morning Eagle is one of those men — I think he was 
over SO years old. I think he told me one time he was 94 years old. 
He was an old man. 

The Chairman. Do you know whether or not he suffered from 
lack of food in his last days? 

]Mr. Clark. I never heard so. 

The Chairman. Do you know Tearing Lodge? 

SoGOl— PT G— 14 3 



596 BLACKFEET INDIAN EESEEVATION. 

Mr. Clark. Yes, sir. 

The Chairman. And Spotted Eagle? 

Mr. Clark. Yes, sir. 

The Chairman. And Louis Champine? 

Mr. Clark. Yes, sir. 

The Chairman. And Joseph Everes ? 

Mr. Clark. Yes, sir. 

The Chairman. And Mrs. Bear Leggings? 

Mr. Clark. Yes, sir. 
•The Chairman. And Big Crow? 

Mr. Clark. Yes, sir. 

The Chairman. And Charles Iron Breast's little girl? 

Mr. Clark. I don't know the little girl. I know Charles Iron 
Breast. 

The Chairman. Big Crow's son? 

Mr. Clark. I know Big Crow : yes. 

The Chairman. Mrs. Head Carrier? 

Mr. Clark. Yes, sir. 

The Chairman. Bad Old Man? 

Mr. Clark. Yes, sir. 

The Chairman. Medicine Singer? 

Mr. Clark. Yes, sir. 

The Chairman. Mrs. Peter Champine's two little children? 

Mr. Clark. Yes, sir. 

The Chairman. Do you know Gambler? 

Mr. Clark. Yes, sir.' 

The Chairman. Coat, his wife, and child ? 

Mr. Clark. Yes, sir. 

The Chairman. Do you know of all of them dying within a week? 

Mr. Clark. No, sir — what was it you asked me ? 

The Chairman. Do you know of all three of these dying within 
a week? 

Mr. Clark. Yes, sir. 

The Chairman. What did they die of ? 

Mr. Clark. Coat lives right next to me. He lives within half a 
mile of me, and I was there cutting hay — — 

The Chairman. I don't care anything about that, what did he 
die of? 

Mr. Clark. I was going on to say that I know just his conditions 
there. He died with some sort — I don't know what they call it. but 
some sickness 

The Chairman. I am not surprised at that. Do you know what 
Bis wife and child died of? 

Mr. Clark. His wife died — just as soon as he died; she died ap- 
parently from the shock of him dying, and she just pined away. 

The Chaitjman. What did the child die of? 

Mr. Clark. I don't know; it was just some sickness. I know they 
did not die of starvation. 

The Chairman. They had plenty of nourishment? 

Mr. Clark. Yes, sir. The child was put in families that had 
plenty to eat all the time. 

The Chairman. What about the father and mother? 

Mr. Clark. They had plenty to eat. 

The Chairman. Do you know that of your own knowledge? 



BLACK FEET INDIAN EESERVATION. 597 

Mr. Clabk, Yes, sir; I know that. 

The Chairman. But you don't know what (hey died of? 

Mr. Clark. No ; I could not tell you the disease, but I know it was 
not starvation. 

The Giiair:s[ax. Do you know James White Calf? 

Mr. Clark. Yes, sir. 

The Chairman. xVnd his child? 

Mr. Clark. I don't know his child, but I know Jim White Calf. 

The Chairman. Do you know Night Shoot's two children ? 

Mr. Clark. Yes, sir; they live right next door to me. 

The Chairman. What did they die of? 

Mr. Clark. The children? 

The Chairman. Night Shoot's two children. 

Mr. Clark. One of them died with that affection of the throat that 
chokes you up. I don't know whether it is — they had an affliction 
of the throat whereby the throat gradually gets inflamed inside 

The Chairman. Diphtheria? 

Mr. Clark. No, sir; it was not diphtheria. It was something on 
the tonsillitis line, because we visited him and sent for the doctor. 

The Chairman. Did they lack for food? 

Mr. Clark. No, sir. 

The Chairman. Do you know Orie Sheriff's child that died there 
last year? 

Mr. Clark. No; I don't Imow the child. 

The Chairman. Do you know Big Woman? 

Mr. Clark. I can not recall her. I did not know her. 

The Chairman. Did you know Bad Marriage's little child that 
died there last year? 

Mr. Clark. Yes, sir. 

The Chairman. Did you Imow the cause of its death? 

Mr. Clark. Well. Bad Marriage always had plenty to eat. 

The Chairman. That is not responsive to my question. 

Mr. Clariv. I don't know what the child died of. 

The Chairman. Three Calves, do you know him? 

Mr. Clark. Yes, sir. 

The Chairman. Did you Imow his daughter that died there last 
year ? 

Mr. Clark. I did not. 

The Chairman. Did vou know Running Back's daughter? 

Mr. Clark. No. 

The Chairman. Henry No Bear? 

Mr. Clark. Yes. 

The Chairman. Did you know the Blackfoot child that died there? 

Mr. Clark. I didn't know that child. 

The Chairman. Mrs. Paul Double Runner? 

Mr. Clark. Yes. 

The Chairman. Do you know what she died of? 

Mr. Clark. No. 

The Chairman. Do you know Many Tail Feather's daughter that 
died there last spring? 

Mr. Clark. I can not recall that; I don't Imow. 

The Chairman. Do you Yellow Wolf? 

Mr. Clark. Yes, sir. 



598 BLACKFEET INDIAN RESERVATION. 

The Chairman. Do j'ou know what his daughter died of hist year? 

Mr. Clark. No; I don't know that. 

The Cpiairman. You don't know of any case where any Indian on 
that reservation suffered by hick of food? 

Mr. Clark. No, sir. 

The Chairman. You go about over the reservation 

Mr. Clark. Now, I tell you, there are some that lack food — lots 
of them. Lots of them lack food, but so far as actually dying of 
starvation, I don't know of any case, 

STATEMENT OF MR. J. A. PEREINE, OF BROWNING, MONT. 

The Chairman. You may go ahead, Mr. Perrine. and make what 
statement you wish to. 

Mr. Perrine. Well, I have no statement to make, only along the 
line that has just been discussed by Mr. Clark about the matter that 
brought us here. 

The Chaik.aian. You indorse the suggestion that the policy of the 
administration as to that reservation ought to be radically changed 
Avith reference to the business of the Indians? 

Mr. Perrine. Yes. sir. 

The Chairman. You think agriculture can not be made prosperous 
there and that stock raising can? 

Mr. Perrine. Yes, sir. 

The Chairman. In your JTulgment, as a man of experience and ap- 
parent intelligence — and, I take it, some degree of success in affairs — 
could a sufficient number of cattle be run on that reservation to pro- 
vide a livelihood for the Indians on the reservation ? 

Mr. Perrine. You ask how much cattle could be run on the res- 
vation ? 

The Chairman. Could there run enough cattle there to support the 
Indians on the reservation? 

Mr. Perrine. You mean outside cattle brought on there ? 

The Chairman. No. If the policy were changed as you have sug- 
gested, and the Government sold a part of the Indian lands, pro- 
cured a fund in that way, and bought cattle with it and ranihem on 
the reservation for the benefit of the Indians as an Indian herd, would 
the proceeds of the business. ])roperly conducted, support you? 

Mr. Perrine. Undoubtedly. 

The Chairman. You think that is unquestional)ly true ? 

Mr. Perrine. There is no question about it. 

The Chairman. How many cattle could be fairly run on that res- 
ervation if the lands you think ought to be sold should be disposed 
of — about how many? 

Mr. Perrine. About how many cattle ? 

The CHAiR:\rAN. Yes. 

Mr. Perrine. That reservation has supported about 70,000 head of 
cattle altogether — cattle and horses. 

The CHAiR:\rAN. There are about 10,000 Indian cattle there noAv ? 

Mr. Perrine. About that ; yes. 

The Chairman. How many cattle belonging to outsiders? 

Mr. Perrine. At the present time ? 

The Chairman. Yes, 



BI.ACKFEET INDIAN RESERVATION. 599 

Mr. Pkkium:. T don't know dcliniti'lv ; l)ii( I iiiulcM'stand iiroiind 
about ^.oOO head. 

The CiiAiR^iAx. Not a larire nuiiil)er. (•()ini)arati\ely speakinii!? 

Mr. Perrine. No. There is jusl one concern; the T. C. Power 
interests. I believe they have a permit for 'i.oOO head on there. 

The CirAiR:\rAx. What is the condition of those Indians, Mr. Per- 
rine, as to healtli? 

Mr. Perrine. I wouhl not say it was of the very best. owini>- to tlie 
conditions under which they live — their sni-roundinos — living outside 
of their tepees and livin£>' in close, illy ventilated cabins has'not been 
very conducive to sood health. 

The CnAiR:\rAx. What ])ercenta£ie would you say live in illy ven- 
tilated houses? 

Mr. Perrine. I would say about SO per cent of the full-blood 
Indians. 

The CiiAiR^iAN. What diseases are ]irevalent amono- them? 

Mr. Perrine. Diseases like throat affections. jNIost serious is the 
eye affection — trachoma — and tuberculosis. 

The CiiAiRJiAN. I do not snppose you have, of your ov.n j)ersonal 
knoAvledo'e, any means of knowino- approximately how many of 
them have tuberculosis? 

Mr. Perrine. No, sir ; I do not. 

The Chairman. Is it quite prevalent ? 

Mv. Perrine. I would not say that it is; but there are cases here 
and there. 

The Chairman. I suppose you could not know unless an investi- 
gation were made. There are probably a number of cases 

Mr. Perrine. That I do not know anything about. 

The Chairman (continuing). That would not be discovered except 
by an investigation. 

Mr. Perrine. That is all; yes. 

The Chairman. Is trachoma very common? 

Mr. Perrine. Yes, it is. 

The Chairman. How do these Indians live? In villages? 

Mr. Perrine. No, sir. The full-blood Indians have taken their 
individual allotments, but they live more or less closely together — in 
different localities around — but a great many of them live on their 
own individual allotmenis. The balance of the mixed-blood Indians 
all live on their own allotments. 

The Chairman. What is their condition with reference to the com- 
forts of life, as a whole ? Do you know of any cases, or many cases, 
where they have suffered for lack of the necessities of life? 

Mr. Perrine. There is not a question in my mind but what there 
is abject suffering on the reservation. 

The Chairman. How much would you say? 

Mr. Perrine. I should say that practically all of the full-blood 
Indians are in need of assistance, with a few exceptions here and 
there among some of them that have taken care of their property 
and built themselves up better homes than others have done. 

The Chairman. Are they what may be called self-supporting? 

Mr. Perrine. Yes. 

The Chairman. Are they now receiving any aid from the Gov- 
ernment ? 



600 BLACKFEET INDIAN RESERVATION. 

Mr. Perrine. Those that are self-supporting? 

The Chairman. No; those that are not self-supporting? 

Mr. Perrine. Yes, sir ; they are drawing rations. 

The Chairman. Do j'ou know how many are drawing rations? 

Mr. Perrine. I do not; but practically all those that are in need 
that can come in and show that they are in need of assistance or 
sick — anyone sick in their families — they get rations. 

The Chairman. Do you know of any cases, or have you heard of 
many cases, where persons have suffered for lack of food? That is, 
Indians ? 

Mr. Perrine. I have heard of it; yes. 

The Chairman. Do you know where Indians are said to have died 
under circumstances that indicated a lack of proper nourishment? 

Mr. Perrine. I have heard of such things, and possibly there are 
cases where children have died from lack of necessary food. But, 
Senator, I want to say this : I do not believe that w^ould be so much 
the fault of the agent 

The Chairman. I am not asking whose the fault is. 

Mr. Perrine. I want to express my views along that line. 

The Chairman. I do not call you here as the champion of the 
agent or as the enemy of the agent. I do not know how that idea 
becomes so prevalent. The object of this investigation, so far as I 
can control it, is to get at the actual facts as they exist, and then 
when blame can be shown, to find out whose is the blame. But I am 
not persecuting anybody, and shall not permit it to be done. I am 
a lawyer, and have some knowledge of the credibility of testimony 
and the weight that should be given to it. 

There is, however, some conflict, as you have yourself observed, 
between your statement and that of Mr. Clark. Now, I am anxious 
to know of you, and Mr. Clark, too, as men who are interested in 
your own race and anxious to improve its condition and to bring 
about better results, what suggestions you have to make further than 
the very important one you have already made with reference to 
changing the policy of the administration in the conduct of the busi- 
ness of the Indian on the reservation. What do you think ought 
to be done that is not being done, if you knovr of anything? 

Mr. Perrine. The first thing, to reach right down into the nut of 
the whole proposition, is to change the policy of the Indian Bureau 
in its general dealings with Indians. There is really the crux of the 
whole situation — mistakes that have been made by them. 

The Chairman. Tell us what they are. That is a general state- 
ment that is interesting, but it is not illuminating. What mistakes 
have been made, and what change ought to be made ? 

Mr. Perrine. The mistake has been made in tAvo instances. One 
is this : About 10 years ago the Indians were the owners of approxi- 
mately 41,000 head of stock, and in a fairly prosperous condition. 
Mr. Leupp was then Commissioner of Indian Affairs. He issued an 
order that all the rations were to be abolished at once. That was 
done. Consequently the full-blood Indians fell back on their stock 
and began to eat it up. That is one reason why the Indian is clam- 
oring for assistance. Having had his ration taken aw\ay from him, 
he sells his cattle and his horses in order to get clothing and food. 

Not only that, Mr. Leupp also issued another order that all above 
100 head of cattle held by a family should be taxed at $1.50 a head. 



BLACKFEET INDIAN RESERVATION. GOl 

That also had a dotriiuental effect on the liulian. Previously he had 
been encouraged by the commissioners to save his stock and look 
after them, had machines issued to him for the putting up of hay, 
lumber for the building of sheds, and was encouraged in every way 
to accumulate property. Then this proposition was passed "where 
he was taxed. He could not get it through his head what the mean- 
ing of it was. 

The Chairman. Now, wdiile the number of cattle which the In- 
dians own on that reservation has been reduced in 10 years from 
41,000 to 10,000, has the agricultural industry of the Indians been 
greatly increased? 

Mr. Perrine. Yes, sir. 

The Chairman. To what extent? 

Mr. Perrine. I should not say that it has made very much of an 
increase, because pretty near all of them that can put in some garden. 

The Chairman. They can do that and run cattle also? 

Mr. Perrine. Certainly. 

The Chairman. It is perfectly apparent that under some former 
administration the affairs were so conducted that there was a great 
falling off in the cattle business among the Indians, whatever the 
cause may be. Now, what I want to know is whether that was com- 
pensated for by the expansion of some other important industry? 

Mr. Perrine. No, sir ; it was not. 

The Chairman. So, that in 10 years those Indians have gone back- 
ward instead of going forward? 

Mr. Perrine. No question. 

The Chairman. What is their condition noAv as compared with 
what it was, say, two or five years ago? 

Mr. Perrine. Those Indians to-day stand practically where they 
stood 25 years ago w^hen the Government made its first treaty with 
them, and then they were destitute. 

The Chairman. So, that in your judgment their condition is not 
at all satisfactory? 

Mr. Perrine. No, sir. 

The Chairman. Have you any other suggestions aside from that 
which 3^011 have already made as to what ought to be done to improve 
conditions there? 

Mr, Perrine. Yes, sir; just one suggestion, that the Government 
should take some step to provide those Indians with another lot of 
cattle, to give them some stock of some kind, to give them another 
chance to get up again. 

The Chairman. That would be contemplated in this sale of a part 
of the reservation? 

Mr. Perrine. Yes, sir. 

The Chairman. Would it be your idea that the stock would be 
held as a tribal herd or divided up among the Indians? _ 

Mr. Perrine. My idea is to give the competent Indian his share, 
and those who are not competent, their property should be held in 
a communal herd. 

The Chairman. What is the general intelligence of those Indians, 
and wdiat is the promise they give, under proper management, of 
becoming competent? I mean the great majority. 

Mr. Perrine. Take the Blackfeet Tribe of Indians, as a whole, 
and they are a very intelligent lot of Indians, but the one thing that 



602 BLACKFEET INDIAN EESERVATION. 

is against them is this universal curse of drink. The Indians run 
to drink. 

The Chairman. Unfortunately that appears to be true almost 
everywhere. 

Mr, Perrine. That is one of the things that has brought him down 
to his present condition. 

The Chairman. That is one of the big problems of the service. Is 
there much liquor used by the Indians on that reservation? 

Mr. Perrine. There is. 

The Chairman. And whose fault is it, if anyone's? 

Mr. Perrine. The Indian himself. 

The Chairman. Of course, primarily it is the fault of the man who 
drinks. 

Mr. Perrine. He looks for it, and goes long distances to find it. 

The Chairman. And Avhen he wants it right bad he will sacrifice 
almost anytliing for it ? 

Mr. Perrine. He will; yes, sir. 

The Chairman. In that respect the problem is a great one. What 
do you think, as a man who realizes the importance of that problem, 
ought to be done? I am looking for the man who can find a proper 
solution of the liquor problem among the Indians. 

Mr. Perrine. I have lived among those people 24 years, and I have 
studied it, and I think I have seen where the law could be remedied. 
The laW' as it is now provides simply for punishing the white man, 
or the man who gives the Indian liquor. I believe in going a step 
further and punishing the Indian for receiving it, attempting to 
receive it, or drinking it. When you punish the two, then you will 
reach some result. 

The Chairman. Have you considered this: As it is now there is 
no ban on the Indian exposing the white man for furnishing the 
liquor. If you put them l^oth in the same class, if you put them in 
jail together, wouldn't you make it probable that he would not be 
quick to tell where he got his liquor? 

Mr. Perrine. What isthe use? Some of them take that fact and 
use it for blackmailing purposes. I have known of cases — one of 
them, George Pablo, in particular, who made it a regular business 
in order to get a trip to the Federal court and get his fees and every- 
thing going out there and coming back, and then go and repeat the 
performance. 

The Chairman. We have observed the same condition in the in- 
vestigations we have made. Would you fear if we passed a law mak- 
ing it a crime for an Indian to buy or receive liquor that it would 
put the majority of them in jail? 

Mr. Perrine. No, sir; I think it would be an excellent thing. 

The Chairman. It would at least be worth trying? 

Mr. Perrine. Yes, sir; it would. 

The Chairman. I am inclined to agree with you, though I con- 
fess it is a matter of great doubt to me. It would depend upon a 
great many circumstances. There is no question now but what the 
liquor-suppression laws in the past have been just as futile as they 
could be. 

Mr. Perrine. No question about that. 

The Chairman. That is due to a great many causes; primarily due 
to the fact that the Indian goes after liquor, as you say, and wdien 



BLACKFEET INDIAX KESEHVATIOX. 603 

he wants it he will siu-rifice almost anything to get it. What ixMial- 
ties wonld yon prescribe for an Indian for <jjetling liqnor:? 

Mr. Pekrine. The same penalty as yon give to the white man for 
selling it. Give it to him jnst as hard as to the white man. As it is 
now he receives no punishment. As it is now he informs on some- 
body, and then he has a pleasure trip going u]> there, and vei-y often 
he gets drunk while he is up there. In some cases the court has been 
held up because the witnesses were drunk and could not appear. 
Now, if the Indian was punished it would be good for him. It 
woidd teach him a lesson not to get drunk the next time. That would 
be my idea of the solution of it, and I do not see any other solution. 

Mr. Clark. The punishment inflicted on a white man or anybody 
else selling liquor to the Indians is not severe enough. For instance, 
up there on our reservation any man who is caught selling liquor to 
lidians is given a jail sentence of GO days and $100 fine. That is not 
a serious infliction 

The Chairman. I should think if it were enforced it vvould be 
right severe to send a man to jail for 00 days and fine him $100. 
What would you recommend^ 

Mr. Clark. I would recommend making that punishment more 
severe, and also make some punishment to the Indian, nuiybe not 
quite as severe, but there ought to be some punishment for the 
Indian. 

The CiiAiRMAX. The great difficulty about the matter seems to me 
to be that in many connuunities there is little moral sentiment sup])ort- 
ing the antiliquor laws. That is true in many localities as to white 
people". Wherever you have a white community where the people 
want liquor, they violate every kind of law and there is no enforce- 
ment: and where you have an Indian community where the white 
people are interested in making money out of the unfortunate 
Indian, in " rolling " him, as they call it — getting him in and getting 
him drunk and depriving him of what he has — and where at the 
same time you have the Indian in hearty sympathy with the viola- 
tion of the' law, it seems to me like one of the almost impossible 
problems that can only be solved in the course of time. 

I am very glad to have that suggestion, because I have been con- 
sidering it somewhat, but I do not know whether it would work 
or not. 

Mr. Perrine. Permit me to speak on just one other topic in rela- 
tion to this saloon at the Glacier National Park. This saloon at 
the Glacier National I^u-k is, of course, under the operation of the 
Great Northern Railway. They have a saloon there, or a bar in 
their hotel. They got tlie permission to open that for the use of the 
tourists; but on the other hand it has given the bootlegger an 
opportunity to come in from the outside and peddle whisky around 
the outside of the grounds to such as want it. And when thev are 
arrested or found with liquor in their possession they say, '" AVe got 
it right here from this saloon." That bar being there has given the 
bootlegger just the opportunity he is looking for. 

The Chairman. That saloon itself is not within the Indian 

country, is it? - . ^r tt-h 

Mr. Perrine. Yes; it is. It is on the reservation, and 3ir. Hill 
has bought that town site from the tribe. It is his town site. 



004 BLACKFEET INDIAX RESERVATION. 

The Chairman. It is not Indian country within a decision of the 
courts. 

Mr. Perrine. It is within what was once an Indian country. 

TJie Chairman. The problem exists in the State of Washington. 
Do you know anything about the Cut Bank School? 

Mr. Perrine. No, sir. 

The Chairman. JDo you know about the construction of the Two 
Medicine Bank reclamation project? 

Mr. Perrine. I know that the Keclamation Service has erected a 
dam at t]ie foot of the lake. 

The Chair:man. What do you know about it? 

Mr. Perrine. Well, it is complete, and. I suppose, ready to hold 
the water, but if you are speaking as to how that come there, they 
received permission at first from the Indians to establish this dam, 
and then when the allotting agents started to allot this land there 
several allottees wanted their allotments there. Two of the allottees 
established a sawmill with the consent of the department. I myself 
had a piece of land allotted, amounting to about 55 acres. 

The allotting agent wicte me a letter one day and said that the 
Secretary of the Interior, by the advice of the Reclamation Service, 
had asked that these allotments be held up, that they were tentative 
allotments, and the allottees take other lands elsewhere, as the land 
was to be inundated Avhcn tlie water was backed up by this dam. 
Well, I gave mine up and took the land elsewhere. These other boys 
did not. They are still fighting the Government, and, I believe, they 
got a decision in the court that their lands must pass to patents; that 
if the Reclamation Service wanted to use those lands, the Reclama- 
tion Service must pay for them. And that is the way the matter 
stands now, as I understand it. 

The Chairman. Is there anything else ? 

Mr. T. L. Sloan. Mr. Perrine spoke something about the location 
of the dam being flooded 

Mr. Perrine. I don't know anything about that. That is away 
out at the other end of the reservation. I live 40 miles from there. 
I would not be a bit surprised if it was. 

The Chairman. Of course, if you do not know, it is immaterial 
what you suspect. 

(Thereupon, at 1 o'clock p. m., the joint commission adjourned to 
meet at the call of the chairman.) 

Washington, D. C, September 5, 1913. 
Hon. Joe T. Robinson, 

Senate Office Buihliug, Capitol. 

Sir: I have received a telegram addressed to Hon. Thomas L. Sloan, In my 
care. As Mr. Sloan is away on business of the commission, I opened the mes- 
sage. It is from R. J. Hamilton, dated at Browning, Mont., and states: "We 
urgently request that investigation commission send you to our agency at their 
earliest convenience. We need immediate relief. Advise us what course to 
take to effect this result." 

I have met Mv. Hamilton, and he has been represented to me as a man who 
is reliable and trustworthy. The present agent at the Blackfeet Reservation, 
the tribe of Avhich Mr. Hamilton is a membei-, is, I am advised, away from the 
reservation at this time, ostensibly gone to Iowa, it is said, to buy bulls, al- 
though it is claimed there is no particular need for them at the reservation. 
It may be that he has come as far as Washington in an effort to fix up his 
fences. 

I trust that if you contemplate an investigation of this agency and the offi- 
cial conduct of Mr. McFetridge, the agent— and I understand that he needs in- 



BLACKFEET INDIAN RESERVATION. 605 

vestigntkm badly — that you may be able to send .Mr. Sloau there, as requested by 
Mr. Hamilton. 



Respectfully, 



RoBT. T. Lang. 
September S, 1913. 



Mr. Robert T. Lang, 

GOO F Street NW., Washington, D. C. 
My Dear Sir : I have your letter of the 5th instant, referring to a telegram 
from R. G. Hamilton, at Browning, Mont. In reply, you may inform Mr. Hamil- 
ton that the commission will proceed in its own way and at its own convenience- 
with the investigation, and if he has any information to communicate to for- 
ward it direct to me, as chairman of the commission. 
Yours, truly, 

Joe T. Robinson, Chairman. 



United States Senate, 
Washington, D. C, September 15, 1013. 
Hon. Jos. T. Robinson, 

United States Senate. 
Dear Sir: I inclose herewith a letter from Mr. Robert J. Hamilton, which 
will explain itself. I have written Mr. Hamilton that you are on the way to 
Montana, and that if he will see you, you will give his complaint proper atten- 
tion. 

I also inclose letters which I have received from Mr. H. N. Grouse, of Harlem,^ 
Mont., which will also explain themselves. I respectfully ask in behalf of Mr. 
Grouse that your investigation into these affairs be conducted so he will not 
be submitted to blame, after you leave, or not cause him to lose his position. 
The facts which he refers to ought to be easily substantiated without com- 
pelling him to act as a complaining witness, and I am sure you will not cause 
him any embarrassment in connection with the same if you can avoid doing so. 
Yours, respectfully, 

Harry Lane. 



September 17, 1913. 
Hon. Harry Lane, 

United States Senate. 
Dear Sir : Lour letter addressed to Senator Robinson, inclosing letters from 
Mr. Robert J. Hamilton, also other letters and information relative to certain 
Indian reservations, has been received. I will forward same to Senator Robin- 
son at once. 

Very truly, 

R. B. Keating, Secrctarij. 



Department of the Interior, 
United States Indian Service, 
Browning, i\lont., September D, 1913. 
Hon. Harry Lane, 

United States Senate, Wasliington. D. C. 
Dear Sir: I, the undersigned, do most respectfully but earnestly petition 
through you the Indian investigating commission of which you are a member, 
and respectfully call your attention to the charges submitted to and filed with 
the Senate Committee on Indian Affairs by me as a representative of the 
Blackfeet Indian Tribe on the 24th day of May, 1913. 

Inasmuch as no action has been taken in the matter of these charges up 
to the i)resent time, the conditions upon the reservation have become more 
than ever deplorable on that account. As winter is coming on. I am fearful 
that unless an investigation is made soon, which will bring about some relief, 
my people are facing a starvation condition. 

I, therefore, respectfully, but most urgently request in behalf of my people, 
that your commission investigate the conditions here at the earliest possible 
time. 

Hoping for some favorable word from you at an early date, I have the honor 
to be. 

Most respec-tfully. yours, 

Robt. J. Hamilton. 



606 BLACKFEET INDIAN EESEEVATION. 

Spokane, Wash., Xriifcinhcr .15. J9J3. 
Mr. Robert J. Hamilton, Broivning. Mont. 

Dear Sir: Yon have presented in per.son to the .Tonit C'oiiuuissidu to Investi- 
gate Indian Affairs a connnnnication signed by Cnrly Bear and other Indians 
expressing regret that the conmussion can not visit the Blaclvfeet Keservation 
at an early date, and referring in a general way to complaints, which are 
alleged to have been submitted to the department in Washington and upon 
which no action has been taken. Yon also express the fear that many Indians 
on that reservation will suffer from hunger during the coming winter, and 
request an investigation of the conditions on the Blackfeet Reservation at the 
earliest practicable time. 

The commission will be unable to visit the reservation for some time. We 
have already mapped out sufticient work elsewhere to l;eep the commission 
engaged for quite a while. However, we are anxious to receive full informa- 
tion as to conditions on that reservation, and suggest that as the representative 
of the Indians you submit specific complaints in writing setting forth dehnitely 
the conditions and transactions which especially require investigation, and 
accompany the same with a detailed statement of" facts and a list of witnesses 
whose testimony can be taken. 

Please confer with all persons interested and furnish me with a detinite 
statement of facts and of the evidence which will probably support tlie same. 
Please number each complaint separately and accompany it with a brief state- 
ment of the evidence which you know can be produced, together with the names 
of the witnesses, to the end that when the commission does hnd it convenient 
to visit the Blackfeet Reservation we may have some definite knowledge as 
to what abuses exist, nnd also may have in mind some means ami methods 
of reform. 

Very truly, 

Joe T. Robinson^ Chuinitaii. 



Hon. J. T. Robinson, 

Chairman Indian Investigating Commission. 
Sib: We, the undersigned members of the Blackfeet Indian Tribe, respect- 
fully represent as follows: That press reports indicate that the investigating 
committee will not reach our reservation and that this is a great disappointment 
to the Indians here; that for some time past we have complained of the con- 
ditions on our reservation and submitted such complaints through our tribal 
representatives to the various departments in Washington, and that no action 
has yet been taken in the m;!tter of these complaints. 

Many matters of importance and some of which directly affect our welfare 
need investigation, but most important of these is the starving condition of 
the Indians. 

As winter approaches we are fearful that many lives among us will be lost 
as a result of our sufferings from the pangs of hunger. 

We therefore most earnestly appeal to you and urgently request, through our 
delegate, Robert J. Hamilton, that an investigation of the conditions of our 
reservation be made at the earliest possible time, and which will relieve our 
present deplorable condition. 
Respectfully, 

Curly (his x mark) Bear, Big (his x mark) Sjiring, Siilit (his x 
mark) Ear, Eddie Running ("rane, Eish (his x mark) Wolf 
Robe. John Eagle Robe, Wolf Eagle, Mrs. Iron (her x mark) 
Pipe, Mrs. (her x mark) Scraper, Mrs. :\I, Walter, Jas. Steele, 
Bad (his x mark) Marriage, Bear (his x mark) Head, Eddie 
Paul, Mrs. Louise Tingley, Mrs. Louisa I'aul. Mrs. :Margret 
Deschamp, Louis Monroe, Jolm Lukin. William J. Spanish, Pete 
Vielle, Louis Kipp, Mrs. Isabell Cooper, Mrs. Lizzie Henderson, 
James Henderson, Margaret Strong, John Ground. Wm. Brown, 
Dora Lukin, Mrs. Xavier Billedeaux, J. Kipp, Geo. Pabts, Mr. 
Joseph IJvermore. Mr. John Moseatt, John Hunsburger (per 
Kennerly), P. H. Kennerly. 



Browning. Mont., October 11, 1913. 
Hon. J. T. Robinson, 

Washington, D. C. 
Dear Sir : Inasmuch as you have instructed me to gather evidence and to get 
the UMines of witnesses to prove mismanagement of the affairs of the Blackfeet 



BLACKFEET INDIAN RESERVATION. 607 

Indians, under the superinttiulency of Arthur E. Mc-Katridse. I liavo to report 
that I have already gathered a number of cases which will hel]) in disclosing the 
abuses, lamentable conditions that exist, and the general corrupt administration 
of the affairs of our reservation to be submitted to the joint eonnnission of 
Congress now investigating Indian Affairs. 

In order, however, to get facts in a way that tliey will form a substantial 
collection of evidence, it is absolutely necessary that I have access to the rec- 
ords of the office of this agency and to report to you comprehensively as to the 
affairs of this reservation, therefore I ask to be authorized to consult the rec- 
ords of this office for that pnr]K)se. 

I also ask that a small appropriation be made to meet incidental expenses in 
connection with the work of gathering evidence. There is a territory of 55 
miles square, v>hich will re(inire time and exjiense to cover. The work can not 
be nccomiilislied without expense, means for which should be provided by your 
commission, or at least reasonable disbursements should be reimburse<l. 

The people of this reservation have already overtaxed themselves in support 
of our efforts to get relief, and all are financially embarrassetl. 
Your obedient servant, 

RoBT. J. Hamilton. 



October 17, 1913. 
Mr. Robert J. Hamilton. 

Broicning, Mont. 
Dear Sir : Your letter of October 11 addressed to Senator Robinson has been 
received. The commission is still out of the city but will return in two or three 
weeks and the letter will be calle<l to the attention of the chairman. 
Very truly. 

R. B. Keating. Secretary. 

November 11, 1913. 
Mr. Robert J. Hamilton, Broirnint/. Mont. 

Dear Sir: Your letter containing inclosures numbered from 1 to 9, addressed 
to Senator Robinson, chairman, has been received. The Bertha Little Plume 
affidavits have also been tiled. The commission has not yet returned from their 
western trip. As soon as Senator Robinson arrives his attention will be called 
to the matter which yon present. 
Very truly, 

R. B. Keating, Secretary. 



Browning, Mont., November 1. 1913. 
Hon. J. T. Robinson, 

Cliainnan Joint Commission to Investigate Indian Affairs. 

Sir: In obedience to your instructions to furnish you with full information 
as to conditions on this reservation, I have the honor to respectfully submit 
certain specific complaints and charges setting forth definitely the conditions 
and transactions which especially require an early investigation. 

I have classified this matter, each lot or classification embodying a number 
of separate and distinct charges. 

No. 1. Involves the immoral conduct of Supt. A. E. McFatridge in the case of 
Bertha Little Plume, an Indian woman. 

No. 2. Relates to the panic condition of the tribe and the impending starva- 
tion period, because of destitute circumstances and lack of employment. This 
situation especially requires immediate investigation. 

No. 3. Is in regard to the reservation fence; the detailed statements and 
affidavits will disclose the condition of the fence. 

No. 4. Discloses discrimination in the matter of enrollment with the Black- 
feet Tribe. 

No. 5. Shows unfairness of superintendent in allowing the use of steam 
plow. 

No. 6. Desiwtic rule of Supt. McFatridge. 

No. 7. Actions of Supt. McFatridge contrary to instructions in controversies 
between post traders and Indians. 

No. S. Discloses discrimination of McFatridge in the matter of whisky cases, 
the conduct of I. T. Whistler, and who has been protected and upheld by 
McFatridge. 



€08 BLACKFEET INDIAN RESERVATION. 

Nos. 9, 10, 11, 12, and 13. Miscellaneous cases, showing maladministration 
of affairs. 

Some of these cases have been sworn to before a notary public, and each 
specific charge is accompanied with a detailed order of facts, some with a list 
of witnesses whose testimony can be taken; also names of witnesses which 
appear on some of the affidavits, statements, and complaints. 

In compliance with your request, I have also prepared a list of some of the 
Indians who are in semiself-supporting condition and who are easier to gather 
than it is to make a list of those who are in destitute circumstances and who 
should receive immediate assistance; but I have furnished you a list of the 
poorest ones. Ilowevei-, this list is not very reliable, but "yonr commission 
can get enough out of it to prove the existence of these conditions. Neither 
one of these lists includes the progressive mixed bloods nor the white men who 
are conuecte<^l with this tribe by intermarriage. Perhaps your commission 
can find others who are in destitute circumstances and who are progressive. 

The people, through me, earnestly appeal to your commission for an early 
investigation of these affairs. 
Respectfully, 

RoBT. J. Hamilton. 



Department of the Interior, 
United States Indian Service, 
Browning, Mont., October 31, 1913. 
Hon. J. T. Robinson, 

Chairman Joint Commission to Investigate Indian Affairs, 

Washington, D. G. 

Sir: I feel constrained to refer in a general way to the deplorable conditions 
of this reservation in a separate communication and to urge upon you the 
necessity of immediate action in the way of bringing about an investigation 
of the affairs of the reservation at the earliest possible time, and to impress 
upon you the gross negligence on the part of our superintendent in the ad- 
ministration of the affairs of this reservation, which has resulted in the 
existence of such pitiable conditions. 

Supt. McFa fridge has held the office of superintendent for more than three 
years. During all of that time, aside from the performance of his regular 
routine office duties. I fail to recall to mind when he has at any time displayed 
any interest in the welfare of the majority of the members of this tribe, and 
I am unable to point to one instance wherein there is any indication of such 
attitude uiwn his part to encourage, instruct, and assist in the w^ellfare and 
advancement of these Indians. Being naturally possessed of a vindictive 
spirit, the only evidence of any disposition upon his part to become active in 
any matter concerning the welfare of his wards is the stand, he assumes as 
prosecutor in cases where his poor ignorant wards become involved in some 
petty whisky case. In this he seems to take great delight, affording him. as it 
does, an opportunity to make trips to Helena to attend the Federal court at 
the expense of the Government. 

While I do not assume to criticize any man for the performance of his duty, 
I do strongly ob.iect to the discrimination that is practiced by Supt. McFat- 
ridge in this one particular matter. Many poor, ignorant Indians have been 
placed under arrest charged with having introduced liquor upon the reserva- 
tion, even though the quantity is not in excess of one-half pint. He is confined 
in the agency jail at the will and pleasure of the agent; he is then taken to 
Helena, being unable to furnisli bail ; he is confined there for several months 
awaiting the action of the grand jury. Naturally the iwor victim ai^i^eals to 
his friends for means with which to employ counsel. His peoi^le no doubt in 
many cases are in .strained circumstances, and a lawyer's fee of $100 or more 
causes tliem great distress. At last they are given the privilege of being 
arraigned before the court. He is confronted, in many instances, with framed- 
np evidence, trumped up by his own superintendent, and this individual, who 
is supiwsed to be his guardian and protector, is pleased to prosecute him and to 
send him to the penitentiary if possible. In the face of such circumstances the 
poor victim has no other alternative but to enter a plea of guilty to the charge. 
Sentence is imposed upon him, which, of course, under the statutes would be 
GO days and a fine of $100 as the minimum penalty. On the whole the indi- 
vidual has suffered imprisonment for several months, has paid out money for 



BLACKFEET INDIAN RESERVATION. 609 

his defense, ami at the expiration of liis sentence ho is released, to return to 
the reservation disheartened, hnt with a feeling of antagonism toward the 
superintendent. No effort, it seems, is' ever made on the part of the superin- 
tendent to apprehend the guilty parties wlio sell the liquor to these Indians. 

Among the people of this reservation there are ahout 15 who are in progres- 
sive circumstances. The friendship of these men it seems to he the aim of 
RIcFatridge to have and to hold. It is this numher of persons whose indorse- 
ments of McFat ridge's administration that I offer for comparison with the de- 
nunciations of the rest of the population of this reservation. 

I.ast spring a delegation of four full-blood Indians were in Washington, and 
at that time called upon the Secretary of the Interior and explained to him the 
starved condition of the Indians. Of course, the Secretary of the Interior en- 
deavored to ascertain the truth of these statements, and certain other incidents 
occurred between then and the time that these Indians returned to the reser- 
vation. Upon their return to the reservation they were immediately escorted 
by police and taken to the office of the superintendent, where they were intimi- 
dated and threatened by the superintendent and were compelled to take back 
the statements which they had made to the Secretary of the Interior. 

On the 12th instant I went to Denver, Colo., in company with one Wolf Plume, 
a full-blood Indian, for the purpose of attending the annual convention of the 
Association of American Indians, which was to be held iu Denver October 
14 to 20. Before that convention my companion. Wolf Plume, made certain 
charges against Supt. McFatridge, accusing him of maladministration of the 
affairs of this reservation, and in a general way denounced him as an unfit 
person to administer the affairs of these people, and gave an outline of the 
deplorable state of affairs as a result of McFatridge's mismanagement. Upon 
his return to the reservation Supt. McFatridge immediately caused him to be 
brought to his office, where he endeavored to cause him to repudiate the state- 
ments which he had made before the convention. In this case, however, he was 
imsuccessful. 

Not being satisfied with the domineering spirit witli which he rules over these 
people, he openly boasts of late that he can not be removed from oflice, and 
seems to pride himself in his ability to ward off an investigation of his dirty 
administration. 

The condition of the majority members of this tribe is lamentable in the 
extreme, and I feel that I can not too strongly urge tlae need of an investiga- 
tion, and I therefore submit the earnest appeal of the people that you take some 
action within the near future wliich will bring about remedies for these abuses, 
the result of the high-handed methods practiced, and the corrupt administration 
of affairs on the part of Arthur E. McFatridge. 

I beg to call your attention to Col. Baker's advei'se report under date of 
November 30, 1912, which is now on file iu the Indian Oflice. Through that 
report the change of administration was strongly recommended. 
Very respectfully. 

RoBT. J. Hamilton. 



Lot No. 2. 

statement in the case of bertha little plume. 

This case, the latest escapade of Supt. McFatridge, being of such recent 
occurence and so flagrant in its nature, that I feel prompted to submit the same 
to you as a separate and speciflc charge. 

The most salient features of this case are as follows: 

First. The injustice done by committing Bertha Little Plume to jail without 
cause or provocation .'md confining her for one week without a trial. 

Second. The fact that her 2-year-old child was confined in the jail with her. 

Third. The contemptible excuse on the part of McFatridge to compel her to 
return to her husband. 

Fourth. The attempt on the part of McFatridge to criminally assault her by 
force of his authority over her as superintendent and guardian. 

I also submit this case to you for the purpose of exposing the diabolical nature 
of Supt. McFatridge and to ask your commission to cause such proceedings to be 
instituted against him, which, if tlie same can not bring about a conviction as a 
result of a criminal prosecution, then to have him removed from further 
superintendency of the affairs of this reservation. 

EoBT. J. Hamilton. 



610 



BLACKFEET INDIAN" RESERVATION. 



PARTIAL LIST. 

7./.S-/ o/ ,i)imc!i of people u-Jw (lied as a result of lack of nourishment during the 
winter and spring of 1913. 



1. John Calf Tail's son. 




Moves Out. 


1. Morning Eagle. 




Big Wolf Medicine. 


1. Tearing Lodge. 




Many (inns. 


1. Spotted r:agle. 




Tom A'eille. 


]. Louis riiaini>ino. 




I'ete Veille. 


1. Joseiiii Everes. 




Charley Dust Bull. 


1. Mrs. Bear Leggings. 




Thomas Bear. 


1. Big Crow. 




James I'ambrun. 


1. Charles Iron Breasf f 


? little girl. 


Black Sarcee. 


3. Big Crow's son. 




Louis Ell. 


1. Mrs. Head Carrier. 




Mrs. Richard Rutherford. 


1. Bad Old Man. 




William Croff. 


1. Medicine Singer. 




Weasel Head. 


2. Mrs. Peter Clianuiine' 


s two children. 


Double Rider. 


1. Gambler. 




War Bonnet. 


3. Coat, his wife and 


child, all died 


Mike Little Dog. 


within a week. 




Stabs by Mistake. 


1. James White Calf's ( 


•hild. 


Joe Head Carry. 


5. Peter After Buffalo'; 


3 four children 


George West Wolf. 


and mother-in-law. 




Richard Rondin. 


2. Night Shoot's two children. 


Fish Wolf Eagle. 


1. Orie Sheriff's child. 




Arrow Top Knot. 


1. Big Woman. 




Percy Bull's child. 


1. Bad Marriage's little 


child. 


Eagle's child. 


1. Antonie Big Brave's 


daughter. 


Fred Big Top. 


]. Three Calves's daughter. 


Blackfoofs child. 


1. Punning Back's daui 


,^hter. 


James Spotted Eagle. 


1. Henry No Bear's daughter. 


Edgar Many Guns. 


1. Blackfoofs child. 




Eagle. 


1. Bear Paw's son. 




Nicodemus Green. 


1. Mrs. Paul Double Runner. 


Paul Boss Ribs. 


Louis Champine. 




Aims Back. 


Bad Marriage. 




Calf Look In. 


Joe Shorty Whitegrass. 




Turtle. 


George Pablo. 




Jim Kidney. 


Dog Ears. 




James Bad ^Marriage. 


Sam Middle Calf. 




John Shorty. 


John Kicking Woman. 




Red Fox. 


John Croff. 




Charles New Breast. 


Johnny Morgan. 




AVilliam Buffalo Hide. 


Lazy Boy. 




Henry No Bear. 


Day Rider. 




Running Rabbit. 


Mike Day Rider. 




Wild Gun. 


Elmer Butterfly. 




Rabbit. 


Albert Wolf Robe. 




Henry Heavy Gun. 


William Bear's child. 




No Runner. 


Come in in the Night. 




Ground. 


John Ear Rings. 




Iron Little Plume. 


Philip Arrow Top Knot, 




Frank Monroe. 


Silas Arrow Top Knot. 




Big Brave. 


George Bull's child. 




Mrs. West Wolf. 


Eddy Double Runner. 




Antoiu Mountain Chief. 


New Breast. 




Yellow Wolf. 


Black Bear. 




Mrs. Bear Skin. 


Tom Jackson. 




;Mrs. Iron. 


Many Tail Feathers. 




John Ground. 


Boss Ribbs. 




Steve Mad Man. 


Lodge Pole. 




]\Ind Head. 


John Head Carry. 




Sam Scabbyrobe. 


Richard Calf Robe. 




Levi Rider. 


Iron Eater. 




Peter Grant. 


Flint Smoking. 




Peter Weasel Head. 



BLACKFEET INDIAN RESERVATION. 611 

Stabs Down. Fox Old Man. 

Bear Head. Mrs. Weasel Fat. 

John Black Bear. Mrs. Turn Lodge. 

James Ground. Mrs. CatcL on Toii Gambler. 

Wolf Ciiief. Two Bear Woman. 

Lone Mou>^e. Henry Hungry. 

Thomas Little Bear. Gharles Weasel Head. 

Buffalo Hide. Mike Berry's child. 

Tallow Ashley. Oscar Boj'd. 

Alex Guardipee. Shoot First. 

Cree Medicine. Charley White Swan. 

James Eajrle Head. raul Whitesrrass. 

Medicine Stab. The Boy. 

Heavy Gun. Lewis Monroe. 

Mike Bad Old Man. Baptiste West Wolf. 

Shorty White Grass. John Runniufr Crane. 

Under Bear. .Myles Kunuing Wolf. 

Joe Bear I'aw. Xew Breast. 

Wolf Eagle. Theodore Last Star. 

Sam Kondin. Tim No Kunner. 

Fine Bull. Dan Lone Chief. 

ST.VTr:ME.\T IN REOARD TO ST.\RVIN(; CONDITION' OF THE INDIANS. 

Supiilemeutal to all that has been said about the living conditions on this 
reservation. I beg to further state that the starving rircumstauces of the 
Indians are growing worse and the only hope of reverse lies in the powers 
vested in your joint commission. 

About 68 per cent of the reservation population is in a most destitute and de- 
plorable situation, because the Indians have a natural inability to raise any 
crops to gain a livelihood. The Indians have no more cattle and horses to sell 
by which they might provide for their families. Those who have horses to 
work ha.ve engaged themselves during the summer on the irrigation canals 
where they could scarcely make a living, owing to the lact that they receive 
very small wnges and the proceeds of a day's labor go to the support of their 
families and feed for their horses, and sometimes they get into debt at the 
commissaries of the Keclamation Service, and it is therefore a physical im- 
possibility for many of them to e:un enough to lay abundant supplies in store 
for the winter. Those public works will soon be shut down for the winter, as 
the ground has begun to freeze and those who are able to work will be out of 
employment. In winter the snow^ is so deep that no one is able to haul any 
firewood to sell, and there is not much demand for hay because the post traders 
monopolize the hay market, as they buy all the hay from the Indians for a very 
.small price in season, and besides their monopoly the Indians are too far from 
the railroad to ship auv hay. No wild game and fish to depend upon wnthin our 
reservation limits. All these facts, of course, are due to the mismanagement 
of our affairs bv our present superintendent. Arthur E. McFatridge. 

To prove the "existence of these conditions, let facts and result of death rate 
during last winter be submitted to your commission for your consideration, also 
hundreds of witnesses. 

RoBT. J. Hamilton. 



1. Joe Bull Child's daughter. 

1. Many Tail Feather's daughter. 

1. Mrs. Yellow Wolf's daughter. 

With the exception of the following list of names, all of the full-blood In- 
dians of this reservation are in destitute circumstances. This list sets forth 
the names of those full-blood Indians who are in a semiself-supporting condition. 

I sumbit the same as a comparison with the majority members of the full- 
blood Indian population of this reservation. 
Big Spring. Wolf Plume. 

Dog Taking Gun. Running Fisher. 

E Rattler. Joe Bull Shoe. 

John White Man. Owl Child. 

Bull Calf. Heavy Runner. 

Judge Wolf Tail. Black Weasel. 

John White Calf. John Kipp Family. 

John Night Gun. 

35601— PT 6 — 14 4 



612 BLACKFEET INDIAN RESERVATION. 

State of Montana. County of Teton, ss: 

Peter After Bumilu. first ueiug duly swoiii, mu vixlh tlepooes and says: 

That in December, 1913, his daughter, Agues, took sick and as she was get- 
ting worse and there was no employment to I)e had and his means were ex- 
hausted he went to Su()t. McFatridge and asked him to issue him a ration ticket 
so that the child might be provided with food and to prolong her life, if it 
could not be saved ; thar he and family were in destitute circumstances and 
he exphiinfd and presented his case to Supt. McFatridge: however, he was re- 
fused his reqtiest and the girl died in January, 1913. 

That ;'l):>ut that time, because of their destitute circumstances, his mother- 
in-law, an aged woman, was taken with .sickness and lack of food hastened 
her death ; that she died .January 14, 1913. 

That his son, Billy, then took sick ; that he again appealed to the superin- 
tendent for a little support, but he was told that he had horses which he could 
sell for the purpose of providing food for his family. His son died in March, 
1913. 

That his boy, George, then took sick in the spring; that again he went to 
the superintendent and appealed to him for aid; that, although it was in the 
spring of the year, he had no other recourse, iis the work, which is practically 
the only work that they have to do, on the reclamation had not yet started; 
that he was again refused by the superintendent and his boy died in .Tune, 1013. 

That his oldest boy. Mike, was the last to be t;iken down with sickness; that 
he made a final appeal to Supt. McFatridge for help that his child might be 
saved; that he was refused, but was referred to Joe Brown who seems to be 
the acting superintendent ; that upon presenting his case t(j Joe Brown he re- 
plied to him in very abusive language, saying " that he believed that he was 
lying and that he didn't have a sick child"; that he said, however, that some- 
one would be sent to his home to ascertain whether or not anyone was sick 
there, but that no one ever came; that his son-in-law, Cieorge Wren, who is a 
mixed-blood Indian, then interceded for him with the agent; that after much 
argument he was successful in having a ration ticket issued to him; that his 
son died on June 23, 1913, making a total of five persons of his family who died 
as a result of lack of food. 

Affiant further says that conditions became so bad that they were forced to 
eat squirrels and muskrats, and that on one occasion they were driven by the 
pangs of hunger to cook and eat a piece of rawhide which they found about the 
house. 



Subscribed and sworn to before me this day of , 1913. 



Notari/ Public for the Htote of Montana, yrsidiniy at Broirninfj. Mont. 
My commission expires . 



In the month of January, 1913, my little girl, 11 years old, was in a very weak 
condition as a result of a prolonged sickness of three or four months, and one 
day she told me that she had an appetite for oat meal and requested me to get 
some for her, 

I went to Snpt. McFatridge and stated the wish of my child, knowing that it 
could be had, as the same was on hand in the commissary for that purpose, and 
he referred me to the agency doctor. 

I thereupon went to the agency doctor and told him that Supt. McFatridge 
had sent me to him and also for what reason. The agency doctor became very 
indignant and told me that he was not buying provisions for Indians. I ex- 
plained to him that I did not expect him to do anything of that kind, but that 
the oat meal could be had from the commissary, and asked him to give me an 
order for the same. I was refused, however, by him, and I then went home 
and got the only animal that I had, which was a yearling colt, and sold him 
for $10, and it was in this way that I managed to gratify the wish of my little 
child. 

My child died during the month of February, her death being hastened by 
lack of food and oroper nourishment. 

Many Tail (his thumb mark) Feathers. 

ROBT J. Hamilton 

P. H. Kenneblv. 



BI.ACKFEET INDIAN RESERVATION. 613 

•STATEMEXT IN THE CASE OF WOf-F EAGLE. 

Wolf Eagle is au old Indian, 66 years old. For some time past his eyesight 
has been very poor, and he has been reduced, because of his inability to per- 
form any labor, to destitute cireuuistani'es. He has repeatedly appealed to 
Supt. McFatridge for assistance, but has been as often denied. 

In the spring of 1913. according to Wolf Eagle's statement, he asked Supt. 
McFatridge for a set of harness, so that he could be equipped in a way to per- 
form some labor on the ditch or canal which was about to be constructed. This 
reipiest lu> wa.s refused. I)ut was oriUMed. liowe\er. to go to the ditch and go 
to work I)y Supt. .McFatrid^re. and toUl th.it he was physically able to do so. 
Contradictory to this, however. I will state that Wolf Eagle, in addition to 
being a vei-y old man, his eyesight has failed him, he has but one arm; but in 
siiite of all of these physical defects, he has been all his life a hard and willing 
worker. 

He further states that after his repeated appeal to Supt. McFatridge for 
some means of subsistence he was at last awarded with a ration ticket; that 
he received his rations, and his monthly rations consisted of one slice of bacon, 
sufficient for one uienl, and also that he took the pains to count his ration of 
beans and found that there were exactly 100 in number. 

It seems that the simple fact that an Indian has in his possession a ration 
ticket, the su{)eriutendent feels justified in sending in his report to the effect 
that the Indians are in a prosperous condition. 

RoBT. J. Hamilton. 



STATEMENT 01 MRS. MARY HICKSON CONCERNING THE ( VT BANK INDIAN BOARDING 

SCHOOL. 

The conditions which exist at the Cut Bank Boarding School are such as to 
make the school au unfir placp for eluldren u_, be detained. I have been told 
that the conditions have been reported to the Indian Office a number of times. 
I also ha\e knowledge of the fact that it has been on many occasions re- 
ported to the superintendent of the reservation, and that also Supervisor Baker, 
of the Interior Department, submitted a report discussing the conditions as 
they exist at this school on the 30th day of November, 1912. 

A few days ago I visited the Cut Bank Boarding School, where my children 
are attendins school. 1 found them to be barefooted, half naked, dirty, and 
kept in a generally filthy condition. They also complained of being sickly and 
hungry. I reported these facts to Supt. McFatridge, and the only satisfaction 
which I received was his answer '• that he would look into the matter." I 
told him that if such was not done that I would report the matter to the de- 
partment. The superintendent then told me not to do so. as I would only be 
putting myself to a lot of trouble. 

In view of all the efforts that have been made to bring about some remedy 
for the conditions which exist at the Cut Bank Boarding School and the seem- 
ing disregard on the part of the Indian Office and our superintendent to cause 
some remedy in the matter. I have no other recourse but to appeal to your 
commission, in the hope that you will give the matter your most earnest con- 
sideration and cause an investigation to be made at the earliest possible time. 



STATEMENT IN REGARD TO THE RATION SYSTEM. 

After strouii aiii.eals had lieeii made to the Indian Otfice in Washington 
through tribaf representatives and disclosure of the starving condition of the 
Indians was made, it was decided in order to maintain substance for the people 
during the winter to issue rations to those who were in actual need. Accord- 
ingly, the superintendent was instructed to ascertain the number who were m 
destitute circumstances and to provide for them in accor.lance with the needs 
of these individuals. Ration tickets were issued, and to those to whom such 
tickets were issued received a certain allowance of beef once each month. 
Other rations were issued consisting of flour, etc. 1 am reluctant to make 
any positive statement as to the amount of rations they were to be issued, as 
same might be contradictory to the outline of the instructions of the Indian 
Office I will state positively, however, that I have ample proof to submit to 



614 BLACKFEET INDIAN RESERVATION. 

the effect that such instructions were not complied with and that tlie Indians 
were issnetl rations in such small quantities, if any. that a weeks allowance 
would last them but one day. During the severe weather of February, 1913, 
the Indians were almost driven to desperation by hunger and were compelled 
on a cold, bitter morning to start from their homes before daylight in order 
to reach the agency in time to get their small allowance, and, as a result, many 
of them were compelled to return to their homes without the rations which 
were to be issued to them. I am told that they were required to sign at the 
end of each month a receipt that these provisions had been received. 

RoBT. J. Hamilton. 
(Many witnesses can be calle<l to testify.) 



I.OT No. 3. 

STATEMENT IN REt.iARD TO THE RESERVATION FENCE. 

The reservation fence incloses the Blackfeet Indian Keservation on the north, 
east, and south sides, covers a distance of about 180 miles, and was constructed 
at a gi-eat cost to the Indians in the year lf)05. To the best of my knowledge 
and inforniation the cost was approximately $50,000. Within a short time 
after the completion of the said fence large herds of cattle, belonging to cattle 
companies outside of the reservation, were iiermitted. through the " permit sys- 
tem " authorized by the department and upon the recommendation of J. H. 
Monteath, then superintendent of the reservation, to be pastured within the 
limits of the reservation, in spite of the protests of the Indians against the 
grazing of such cattie upon our reservation. The cattle were entered and re- 
mained within our premises for several years, and as long as these cattle com- 
panies were using our grazing lands the reservation fence was kept in order, 
but after the cattle were removed efforts on the part of the superintendents to 
keep the fence in good condition were discontinued and especially within the 
last three years. 

Superintendent McFatridge assumed charge of the Blackfeet Reservation in 
the year 1910. Immediately after his incumbency of the ofHce he seemingly 
decided to allow the fence to go to destruction, has permitted the ruination of 
the same, and has never during that time made any effort in the way of appre- 
hending the persons who were guilty of destroying the fence; in fact, he has 
been the principal accessory to these offenses, because of the fact that he not 
only refused to prosecute the persons who have been caught in the act of de- 
stroying the fence, but has given permission to certain residents of this reser- 
vation to take the wire and posts from the fence and to use the same for their 
own personal benefit. 

I herewith submit statements of Charles Chattin and others, and if an inves- 
tigation is had to inquire into this matter hundreds of people can be called to 
testify as to the facts as herein set forth. 

RoBT. J. Hamieton. 

Hundreds of witnesses can be had to testify to the above facts. 



STATEMENT OF CHARLES CHATTIN. 

I, the undersigned, am a white man, and I reside on the Blackfeet Indian 
Reservation by right of my wife, Levina, being a ward of the Government. 
During the month of October. 1912, I was employed at work by one T. H. 
Stagg, a homesteader, who resides near the Canadian boundary line, and which 
is also the northern boimdary of the Blackfeet Indian Reservation. In perform- 
ing this work I used a team of horses, the property of my wife. While thus 
engaged I traveled a distance of about 20 miles along the boundary line and I 
noticed the reservation fence to be in a dilapidated condition. 

On or about July 18, 1913, I had occasion to travel over the same territory, 
and I noticed that most all of the posts which had been used for the fence were 
gone and the wire was lying useless on the ground. 

I have knowledge of the fact that a number of these posts were used for 
firewood, and as far as I know no effort on the part of the superintendent of 
the reservation was ever made to prevent the destruction of this property or 
to apprehend the perpetrators. 



BI.ACKFEET INDIAN RESERVATION, 615 

To my knowled.;:;!' ilu'io have ixn-ii uk lint^ liilers eiuplnyed to keei* the 
fence in repair fav the i^nviter part of the rime since tiie incnmbency of A. E. 
McFatridjie of the otiice of sn|)er!ntentlent of the lUackfeet Reservation, the 
only pretence in tliis respect heini;; tlie employment of two men who are sta- 
tioned at two separate n-ites which have loni,' since become <lisconnected with 
the body of the fence. 

Upon leaving the emjjloy of the aforesaid T. H. Stags, we had some difhculty 
over the amonnt that was due for my work. I submitted a complaint in the 
name of my wife, as a ward of the (Jovernment, to Supt. A. E. McEatridge 
and asked him to take some action to collet't the amount due me. 

McFatridge authorized O. G. ^';ln Senden to arrest T. H. Staj:.:; .iml to i)riug 
him to the agency. In due time, in company with O. (}. V.in Seiiden, we took 
T. H. Stagg before Supt. McFatridge in rhe iatter's ottice : we tiieii ciiarged 
T. H. Stagg with having t.iken and burned ihe posts wliich had been used on 
the Govei'nment fence. 

After explaining that it wnuld be necessary for hiu! to telegraph for money 
with which to pay the sum due me, T. H. Stagg w.-s reier.sed on his own recog- 
nizance by Supt. McFatridge with simply an admonition to remain in town 
until the debt was settled. This was (lone despite my protests. ;ind my sug- 
gestion that he be detained in the custody of the agency police, held in the 
jail, or otherwise. 

On the following day T. H. Stagg went to the office of Supt. McF.itridge and 
had a private interview. 

The result of the whole affair was that T. H. Stagg left the town on the fol- 
lowing night without paying the debt and without any formal i-harge being 
preferred against him by Supt. McFatridge for destroying, taking, and burning 
the posts which were a part of the reservation fence. desi»ite che fact that I 
reported him and also the fact thar he ad.mitted his guilr in the presence of 
McFatridge. 

(I have since been told that this leniency was extended by Supt. Mi-Fati'idge 
because of the fact that T. H. Stagg is a member of a fratein.il oi'dei', of whicli 
he, Supt. McFatridge. is also a member.) 

('. II. Chah >. 

Wituesses to signature : 

ROBT. J. H.\ MILTON. 

P. H. Kennerly. 
Witnesses to testify : 
C. H. Chattin. 
(). (}. Van Senuen. 



STATEMENT B\' WILLIAM CROFF. 

I, the undersigned, am a resident of the Blackfeet Indian Re.servation :iud a 
member of the Blackfeet Indian Tribe. 

For a period of about three years I have had occasion to ride along the 
eastern boundary of the reservation while engaged on the round-up with the 
Floweree Cattle Co. and otherwise. 

During the whole of that time I noticed the reservation fence to be in a 
demolished state: from the town of Cut Bank north to the Canadian boundary 
line, and which is also the northern l)onndary of the reservation, there were 
but a few posts left standing and a small amount of wire which was left was 
lying on the ground. 

' From the town of Cut Bank south to what is known as Flat Coulee, there 
were not any posts or wire left nor any signs that any fence had ever been 
there: from" Flat Coulee south to the southern boundary of the reserv.ation, 
there were but very few such indications. 

To my knowledge, for a period of three years or more there haven't l>een any 
line riders employed on the eastern boundary of the reservation for the pur- 
pose of keeping the fence in repair or for any other purpose, nor any effort 
made by Supt. McFatridi;e to keep the fence in good condition, and the fence 
began to go to waste soon after he took the ottice of superintendent of the 
Blackfeet Reservation. 

W. T. Croff. 

Witnesses to signature : 
ROBT. J. Hamiltoit. 
p. H. Kennerly. 



616 ELACKFEET IXDIAX KESERVATIOX. 

STATKMKXT OF MYI.KS KI.XXIXC WOLF. 

I iiiu a resident of tlie Khu-kfeet Iteserv;irioi! and have for some time reside<l 
near and Lave had occasion to closely observe the reservation fence on the 
southern boundary of the reservation. To uiy personal knowledge for the last 
three years or more the fence has been allowed to go to waste and peoiile have 
been permitled by the superintendent to c:;rry away the wire and posts with 
which the fence was constructed. I also have knowledge of the fact that 
white settlers along the southern boundary of the reservation and along the 
reservation fence have surreptitiously removed the wire and used the same In 
the improvement of their homesteads. 

No effort has ever been made to my kuowedge on the part of Supt. McFat- 
ridge to prevent the destruction of this property, and at no time during the 
hist three years or more have I known that any line riders have been em- 
ployed to keep the fence repaired, with the exceiition of one man who is sta- 
tioned at a gate which has long since hecdnie disconnected frnm tlie main body 
of the fence 

,Myi.es IirxxiNG Wolf. 



STATKMF.NT OF GEORGE PAP.LO. OX RECORD A.S " LINE RIDER. 

I entered the (^overviment service in the year IfHO as a laborer. My duties 
consisted of conunon Jaltor in and around the agency. I was in the employ 
of the Government for a period of about 3 3 months, and during all of that 
time I didn't have any occasion to see the reservation fence, neither did I 
work at any time in the capacity of " line rider." 

The inclosed documenr, accepting my resignation of my iM)sition, explains 
itself. 



(jEO. Pablo. 



Witnesses : 

RoBT. .7. IIamiltox, 
T'. H. Kfnxeklv. 



deraktmkxt of the interior. 

Office of Indian Affairs. 
Wa-sJiiiiflton. Octohrr SI. 1912. 
Mr. (;EOR(iE Pablo. 

(Through sui>erintendenr P.lackfeet School.) 
Sir: Your resignation as line rider, at a compensation of .1;4S() a year, at 
the Blackfeet Agency. Mont., is hereby accepted, e^r■ecti^-e at the close of busi- 
ness September 30. 1012. 

In accepting this resignation the othce is jileased to note that Sujit. McFat- 
ridge has recommended you for reinstatement in a jiosition nf ibis kind in 
case you should make application therefor. 
Resjiectfully. 

F. H. Abbott. Actinfi ('(niniitsNioncr. 



niSCRIMINATION IN THE MATTER OF ENROLLMENT FOR ALLOTMENTS. 

The fact that several people have been enrolled with the Blackfeet Tribe of 
Indians and are to-day holding allotments of land, and also the fact that a 
hundred or more people wlio are riglitfully entitled to an allotment of land, but 
who are being denied their right, is due to discrimination exercised on the part 
of Supt. McFatridge and James Arnox. who was appointed to take testimony in 
the matter of applications and enrollment. This matter was taken up with the 
Acting Commissioner of Indian Affairs by the full delegation from this res- 
ervation last March, and again I reiterated my statements in this allotment 
matter in my letter to the Commissioner of Indian Affairs under date of July 
9, ]913. asking that a supplemental allotment be made of all children born 
subsequent to June 5. 1912. the date of submitting the schttlule of lands 
allotted to the several Indians on the reservation, and also otheis who are en- 
titled to enrollment, and that they be enrolled and allotted. 



BLACKFEET INDIAN RESERVATION. 617 

Tlie applicatious for emollment with the lihickfeet Tiil»e of IbdiaiiS were all 
filed in the Office of Indian Affairs. 

I earnestly ask that your commission make a thorough investigation of this 
matter, so that such members of my tribe who are rightfully entitled to an 
allotment of land may be given their rights, and such steps taken by you as 
will determine who and who is not entitled to such allotments 

RoBT. J. Hamilton. 

Miinv witnesses i-Au testify. — K. J. If. 



STATKMKNT IN TIIK CASK OF .JAMIS AKNOX. WIUIK MAN ALLOTTfcD W Vl II ULACKFEET 

TRlHi;. 

.Tames Arnox. deceased, was a white man iiiiermirried with the tribe, an ex 
convict, having served a term in the jieiiitentiary. and for a long time before his 
death the right-hand man of ^!!upt. McFati-idge. It was thn-ugh their concerted 
efforts and schemes that much injustice was done the pectple herf. 

By some authority and uiK.n the recommendation of McFatridge, James 
Arnox was appointed' to t:ike testimony in the matter of applications for enroll- 
ment at the time the reservation lands were being allotted. As the records will 
show, several people were allotted land who had no tribal rigJsts or connections 
whatsoever with this tribe (James Arnox includetl). and a great many iieople 
denied their applications who were rightfully members of the tribe and whose 
applications are still being denied. 

This injustice was done at the instigation of McFatridge and Jiimes Arnox. 
the latter being in a position to submit testimony which wouid tend to serve his 
own personal interests. 

" In some manner unknown to me James Aruox succeeded iu having land 
alloted to him on the Blackfeet Reservation, in spite of the fact that he is a 
white man and has no other tribal connections than those rights which are 
enjoyetl bv other white men who are intermarried with the members of the 
tribe. 

! submit this m.-ittei' to your conimissiou for n most thorough consideration, 

RoBT. J. Hamilton. 

Many witnesses can testify. 



A partial list of names of people who are entitled to allotLuienls but who have 
been denied in the matter of their applications for enrollment 
1. Mrs. Annie Powell. 
10. Mrs. Louise Tingley"s grandchildren. 

1. Mrs. Mud Head. 

2. Mrs. Helen W. Hamilton. 

2. Thomas Rowery's two children. 

7. Henry La Buff and family. 

8. Mrs. \ictoria 11 McKay and two children. 
12. l^]<lward La (irandeui' family. 

10. Pelky family. 

3. Mrs. May Lippincott and two children. 
3. Mrs. Mary Wall and two children. 

7. Mrs. Blackhorn Juneati and children. 

3. Mrs. ( Little .\nt('lope Woman j narwo(,d. 



Loi' No. ~). 

statement in KJXiAKU 1 THE STEAM PLOW. 

Much discrimination has been practiced l»y Supr. Md'atridge in allowing the 
use of the steam plow. 

In 1912 A. E. Allison was permitted the use of the plow and he was charged 
so much per acre for the use of same. A number of other persons upon the 
reserviition, who have been allowed the use of the plow, have also been charged 
for the use of it. 



618 BLACKFEET INDIAN RESERVATION. 

- Early in the spring of ]!»1.-; ladians by the names of Brocky. Joseph Spanish, 
and several other fuil-blo-xl Indians asked Sui)t. McFatridge for the use of the 
steam plow in order to break some land. The superintendent said, 'There are 
no funds to operate the steam plow, but if you want to use it. put the money 
right here to pay the expenses for the use of the machine." 

As the Indians had no money, they were, of course, unable to get the use of 
the plow. 

The machine has laid idle at the agency during the whole summer. 

Such discrimination I believe should have your thorough investigation, and 
also your investigation as to tlio disposition of the moneys received for the use 
of this plow should be had. 

RoBT. J. Hamilton. 



STATEMEM OK MANY T.UI, FIATIIKKS IX RKdAKD TO THE USE OF THE STEAM PLOW. 

In the fall of 1912 I went to Supt. McFatridge and e.xplained to him that as 
I was without hoi>es and means with which to cultivate my land, I desired the 
use of the steam plow which was issued to the tribe for its beneOt and use. I 
then requested Supt. :MeFatridge to plow some land for me so that I could put 
in a crop. He told me to wait until the sjiring of the year. This I was will- 
ing to do. 

In the spring of 1913 I again went to Sui)t. McFatridge and again asked hinj 
for the use of the plow in accoidance with his promise of the previous fall. He 
told me to wait until the following week. This I did. I then went to him re- 
peatedly and made my request, until at last I saw that there was no use in 
asking him. for the reason that he had no intention of allowing me the use 
of it.' 

I felt that by breaking .some of my land I could in this manner raise a crop 
which would help me along in the w.ay of making a living. 

To my knowledge, besides myself, Dick Kipp. and Big Mike, and several 
others requested the use of the plow, but their request was never complied with. 

The plow has remained idle during the whole summer. 

Maxv Tail (his tlnimb mark) Feathers. 

Witnesses to signature: 
RoBT. .J. Hamiltox. 
p. H. Kexxerly. 



Lot .\o. C. 

SfPIORIXTEXOrXT ACTSES POWER ( ASES OF M A l.( OI.M F.KK.MXEK AXO OTHERS. 

The ix)wer of an Indimi agent seems to be \mlimited. The despotic air with 
which Supt. A. E. McFatridge exercises that power is displayed in cases where 
he .iails one of his wards witliout cause or just provocation, without formally 
charging them with an offen.se. confining them as long as it suits his pleasure 
and releasing them at will. 

This was done in the ca.-<e of Bremner and Ilendersou. whose affidavits and 
statements I attacli herewith and al.so in the cases of many other i»ersons. 

RoBT. J. Hamilton. 



State of .Moxtana, 

Count II of Trton. ■•<■<: 

Malcolm Bremner. of Browning, Moiil., first licing duly sworn, mi ..nth dr>po.ses 
and says: 

That on or about the Tth day of February, 1903, he and one .James Henderson 
were hired to dig a grave for the deceased son of Isaac Cooper: that lis and 
the said James Henderson dug the grave according to direction: that when 
the coffin was brought ready for interment it was found that the grave was 
not long enough to permit the cotfin to be lowered into it: that charges were 
preferred against the said Malcolm Bremner and James Henderson, said 
charges being of the purport that they had cut the end off of the outer box of 
the coffin in order to make it fit the grave: that such, however, was not the 
case. 



BLACKFEET INDIAN RESERVATION. 619 

Deponent furrlu-i- says lli.it no wilnesscs were ciilled nor :aiy evitient;e sub- 
mitted ajrainst them; that lliey were denied their rij^ht to trial and that Maj. 
A. E. Mc'Fatridiie said that a trial was not needed. 

Affiant fnrther says that they were conunitted hy the said Arthur E. Me- 
Fatridge to serve .'^>(» days in jail; thai this athant served 14 days and was 
released, and that James Henderson s(>rved "> days and was released; further 
that Sui)t .MeFat ridge informed them that he would tine them the amount as 
set forth in the contract for digging said grave, aud that in this manuer 
affiant, together with James Henderson, were deprived of any com[)ensation 
whatever for their services. 

Malcolm Brkmnkk. 

vSub-scrilted and sworn to befor^' nic this 14th day of April, 191o. 

F. P. Sherburne, 
\')titr!/ Piiltlic fur the State, of Montana, 



Rcsitiint/ at Broirmna, Mont. 



My conunission expires October '25. 191." 



State of Moxtaxa. 

Count!/ nf Teton, xs: 

James Henderson, of drowning. Mont., tirst being duly sw(U'n, on oath (ie[)oses 
aud says: 

That on or about tlie Ttli day of February. VM',\. he and one Malcolm 
Rremner were hired to dig a grave for the deceased son of Isaac Cooper; that 
he and the said Malcolm Bremuer dug the grave according to direction; tiLit 
when the coffin was brought ready for interment it was found that the grave 
was not long enough to permit the coffin to be lowered into it; tliat charges 
were preferred against the said James Henderson and Malenim Bremuer, said 
charges being of tlie purport th.-it they had cut the end off of the outer box of 
the coffin in order to make it tit tlie grave; that such, however, was not the case. 

Deponent further says tliat no witnesses were called nor any evidence stib- 
mitted against them; that they were denied their right to trial, aud rhit Maj. 
A. E. McFatridge said that a trial was not needed. 

Affiant further says that they were committed l)y tlie said Artiiur E. Mc- 
Fatridge to serve 30 days in jail; that this affiant <erved ."> days and was re- 
leased, and that Malcolm Bremuer served IJ days and was rele-sed; further 
that Supt. McFatridge informed them that he would tine tliem the amount ;"s 
set forth in the contract for digging said grave, and that in this maijner 
affiant together with Malcolm Bremuer were depri\ed of any i-ompe-.'satiou 
whatever for their services. 

Subscribed aud sworn to before me this 14th day of April. 1913. 

James Henderson, 

F. P. SHERBtrRNE, 

Xo^//-// rnhJie for the State of Montana, 

Residing at Rroa-ninij, Mont. 

My ciunniission expires October 25, 191.". 



statement in RE(!ARD to the cask of birdie BLACKBEA:*. and OTtlt-RS. 

One of the most contemptible nietho<ls res<jrted to by Sui>c. McFatridge iu 
his gross abuse of power is that practiced by him in trying to compel two 
persons to live together who have dtvided that they can no longer live in peace 
and harmony. He will jail such persons, most of whom are ignorant Indian 
women, keei") them confined until such time as they will promise to reruru to 
their husbands. 

Most iiitiful among tliese is the case of Birdie Blackbear, who was jailed on 
four different occasions, aud as part of her incarcenitiou was contined in a dark 
closet for several days. 

In support of the foregoing I submit herewith one or two statemeuts of 
parties concerned. 

PlOBT. J. lI\Mr. TON- 

Manv witnesses can testify. — R. J. H. 



620 BLACKFEET IXDIAK EESEEVATION. 

Lot No. 7. 
State of Montana. 

County of Tdon. ss: 
Samuel A. Selecman. beinj: first duly swuni nccordiug to law. deposes and 
says, that I am principal of the Browning Public School ; that on the afternoon 
of January 1, 1913. between the hours of 5 and 6 o'clock p. m., while in the 
Browning post office for the purpose of obtaining my mail, I noticed that the 
actions of the postmaster. I. T. \\'histler. were very strange, and indications 
were th.-it he was under the influence of intoxicants; that his conversation was 
loud and boisterous and altogether unbecoming to the dignity of his position ; 
that his actions wei-e- noticed and remarked about by many patrons of the 
post office : that on the eveniug (if January ]. 1913. about S Vclock, I was at 
the home of T. W. Wheat, a near neighbor of said postmaster. I. T. Whistler, 
when the stepchildreu of said postmaster came through the snow, one of them 
being barefoot, in a great fright and asked for help, saying " that something 
awful was the matter with papa." referring to said I. T. Whistler; that I, 
T. W. Wheat, and Leslie Henderson hastened to the home of said I. T. Wliistler 
and found him alone, his wife and Mable Hornbecker, a visitor, having left the 
house in search of lielii ; that upon entering the room of said I. T. Whistler we 
found him in a condition that we judged to be crazy drimk, raving, swearing, 
crying, and calling for strychnine; that our efforts to pacify him were unsuc- 
cessful; that after working with him for about 30 minutes, Supt. A. E. Mc- 
Fatridge and i:>r. O. S. Phillips arrived, having been summoned by wife of said 
I. T. Whistler: that said A. E. McFatridge addressed said I. T. Whistler, using 
the following words. •• lice, don't you know me. I am McFatridge." whereupon 
said I. T. Whistler replied. " McFatridge. (iod damn you. go to hell "; that all 
efforts to comjtose said I. T. Whistler were fruitless; that he continued raving, 
swearing, crying, and calling for strychnine: that he repeatedly made the 
statement in the iiresence of us all. including A. E. McFatridge. "that he was 
drimk: that he had sent to Kalispell for 2 quarts of wine, and had drunk one 
of them; that about 9 o'clock of the same evening he went out of doors into a 
severe blizzard, efforts to prevent his doing so were in vain ; that I. Samuel A. 
Selecman. upon the request of the family of said I. T. Whistler, searched for 
him until 12 o'clock of the same night, but cotild find no trace of him; that 
nothing was heard of him the next morning, and a general search was made; 
that he was found on the afternoon of January 2. 1913, in an Indian cabin 
about (■> miles east (if Browning: that as a patron of the Browning post office, I 
do not consider a man of the character of said I. T. Whistler a safe person to 
handle the L^nited States mails. Further, that a great many other than the 
regular post-office employees are .allowed to handle and distribute the mails of 
said p( St office: that said miscellaneous help is conducive of much dissatis- 
faction with the local mail service. 

Sa.mikl a. Si:i,kcman. 

Subscribed and sw«irn to before nie this 12th day of March. liH.'!. 

[seat,.] F. V. Sherburne. 

My commission expires October 25. 1915. 



State of Montana. 

Couniy of Tdini. s^: 

I. J. T. Walter, being first duly sworn according to law. deiKise and say: 
That I have seen I'ostmaster I. T. Whistler, of Browning. Mont., in an intoxi- 
cated condition while fm duty in the post office at Browning ; that on January 
1. 1913, he was crazy drunk and wandered out in a severe blizzard about 9 
o'clock at night. A searching party found him about 4 o'clock p. m., on January 2, 
1913, in an Indian hut about 6 miles east of Browning in a semistupid con.- 
dition. I do not coissider said I. T. Whistler a good man for postmaster; thait 
several people besides the regular post-office employees have access to the mails 
while in courfee of distribution and afterwards, which results in a great deal of 
dissatisfaction on the part of the patrons of this post office: that said I. T, 
Whistler is reputed to be a very immoral man in his relation to women ; that he 
is reputed to have one or more illigitimate Indian children on this reservation. 

As a jiatron of the Browning post-oflice. I request that I. T. Whistler be im- 
mediately removed. 

J. T. Walter. 



BLACKFEET INDIAN EESERVATION. 621 

Subscvibed and swdrn to before me Iliis 2(1 day of May, 1913. 

[SEAL.] ''• r JiUEl^nVRNK 

Xoioru Puhlic in and for Montana, rrsulnifi at BnnrnvKj. 
Mv coniniission expires October 25, Itn.".. 



State of Montana. 

County of Tvton. .s>; 
I, Mary RuniiinK Rabbir. beiny first duly swoni aeet.rding to law. depose and 
say That I am 30 vears of age: tbat I am a ward of the Government . being; a 
Piegan Indian: that I am the mother of a child 4 years old, named Mary; that 
the father of my child is I. T. Whistler, postmaster at Browning, Mont. : that 
said I T. Whistler led me to believe that I would be his wife; that he deceived 
me in doing so; that I have applied to Supt. A. E. McFatridge, agent of the 
Blackfeet Reservation for help to persuade said I. T. Whistler to help support 
my child; that said Supt. McFatridge refuses to lend me any aid: that said 
I.'t. AVhistler refus(!s to give me any assistance. 

Mary (her x mark) Runnino Rahhit. 

Svibscribed and s\\orn t.i l.tfore m.- this 2r>th day of April, 1913. 

[SEAL.l F. F. SHEKP.I'RNE, 

Xotaru I'Khlic in find for Montana, rfsidiug at I'.rownino. 

Mv commission expires October 2.j, 193 5. 

Orris Sheriff, 
Intcrijreter and Witness. 



Lot No. S. 

STATEMENT IN THE CASE OF MRS. .70HN ELKKlDoE. 

Mrs. Eldridge, who is now an inmate of an insane asylum, was a ward 
of the Government and a full-blood Blackfeet Indian woman. Her husband. 
John Eldridge, is a white man. About five or six years ago Mrs. Eldridge 
was committed to an institution for the insane in North Dakota and is. at the 
present time, an inmate of such institution. 

At the time Mrs. lOldridge was taken away she had as a ward of the (Gov- 
ernment considerable property, horses and cattle. A few years ago. u]iou 
the representation and request of John Eldridge, Superintendent McFatridge 
granted him permission to sell all of the cattle which belonged to Mrs. Eldridge. 
Some of the cattle mentioned above belonged to an aged brother of Mrs. El- 
dridge. who is now dead. I'pon the disjK.sition of this property Mr. Eldridge, 
however, did not pay one dollar to this Indian before his death. 

Francis Shildt. is a white woman, and was f(n-merly married to a member 
of this tribe. Harry Shildt. A few years ago Harry Shildt was taken up by 
the Oanadian authorities for some minor infraction of the laws of Canada 
and was detained there for two years or more. John Eldridge then, upon the 
pretense of employing the said Francis Shildt as his general housekeeper took 
her to his ranch, and since that time lived in open adultery with this woman, 
who has not been divorced from her husband. 

These facts are known to Superintendent McFatridge and he knows that sucn 
conditions still exist, but no action has ever been attempted on his part. 

RoBT. J. Hamilton. 

(Many witnesses can be called to testify to the above facts.— R. J. II.) 



STATEMENT IN THE CASE OF LOUIS MAKCEAU, CHIEF OF POLICE. 

Louis Marcean is the chief of Indian police and is closely associated with 
Superintendent McFatridge because of his duties. 

- A few years ago Louis Marcean became estranged with his wife, who is also 
an Indian. They separated, and since that time the said Louis Marcean has 
lived in open adulterv with one Emma Munroe. an Indian woman, who was 



622 BLACKFEET INDIAN RESERVATION, 

fonuerly married to Louis Monroe. Neither one of these iiarties at this tima 
has a divorce. 

These conditions and practices exist with the liuowledge of Superintendent 
McFatrirtge and within a short distance from his home, yet nothing is done 
by him to prevent such shameless conduct. 

I submit this case also for the purpose of showing to your commission the 
discrimination practiced by Superintendent McFatridge. 

RoBT. J. Hamilton. 

I The majority of the people of Browning know of this case.— R. J. H.) 



STATEMENT IN THE CA.SE OF FKEI) HAKNE-S. 

This case is submitted to you for the purpose of showing the mean attitude 
of Supt. M'-Fatridge and the abuses of his i)ower; also the exercise 
of his authority in cases where he desires to gratify petty persona, 1 spite. 

Sometime during the month of February. 1913, one 8. A. Selecman, principal 
of the public school at Browning, became inAolved in an altercation with the 
son of Supt. McFatridge. The result of that altercation was a beating for 
young McFatridge at the hands of Mr. Selecman. After this affair, without any 
trial or hearing of any kind. Mr. Selecman was ordered by Supt. McFatridge 
to leave the reservation. 

Appreciating the injustice of the whole proceedings, the residents of this 
reservation called a meeting and decided to interest themselves in behalf of 
Mr. Selecman. and to present his case before the proper authorities. A com- 
mittee was then elected, of which Mr. Eiynes w:!s elected secretary. The 
necessary steps were then taken to present the case to the Indian Dei>artinent 
at Washington, and the result of the whole affair was that the action of Mc- 
Fatridge in ordering Mr. Selecman from the reservation was overruled and he 
was permitted to return to the reservation. 

Aiiparently. not being satisfied with his efforts in the case of Selecman, and 
keenly feeling his disappointment, McFatridge then resorted to his petty 
schenjes. and in order to gain some satisfaction in the aforesaid matter, he di- 
rected his attention to Fred Barnes. 

Subsequent to the action in the case of Mr. >^e]ecmau. and uiion his return 
from Washington. D. C, Supt. McFatridge l>oasted that he would "Get 
Mr. Barnes, and that he would have him ordered off the reservation." 
Within a sliort time thereafter he. accordingly, submitted a charge to the 
Indian Office at Washington, accusing Mr. Barnes of having gambled on the 
reservation. In due time Mr. Barnes was notified of this ch;irge and was 
allowed but 10 days from the date the letter was written in which to submit 
his defense. The letter, attached herewith, exi)lains the manner in wliich 
Supt. McFatridge was upheld In his action by the Indian Office, and it was only 
because of the fact that the assistance of Senator T. .T. Walsh w:!s secured that 
Mr. Barnes was able to obtain any justice in this matter. 

A number of peoiile can be called at the pro|ier time to testify in regard to 
extraneous facts in this case. 

Rout. .1. IIa.mii rox. 

Witnesses who can testify: Fred Barnes, .Toliu Men-hunt, .-nid K. .1. Croft:". 

rinclosure.] 

Browning. Mont.. M<n/ ^'), !<Hi. 
To the Ilononthlc ('otnmissioncr of hidi'in Affairs. Washington. I). C. 

Sir: -1 have your letter of the 14th instant. I wish to protest very strongly 
on the short time given me in which to present my case. I received your letter 
very late in the afternoon of the ITth, and, in order to get my reply to you 
at Washington in time, I have two days only (one of them Sunday) in which 
to get ready. This is altogether too short a time for me to obtain the evi<lence 
I consider necessary. I will also ask that I be given ;i hearing before .some 
party, or parties, who are not biased and who will not convict me before hear- 
ing my evidence. 

I can not remember at this time every idace I was during the KJtli of Ai»ril 
last, and would have to have a little time to prove definitely just where I was, 
but I can i>ositively assert that Henry I.ehr was not in Browning on that date 
I shall have to ask for further time to answer this ch.-irge. and I also wish to 
employ counsel. 



BLACKFEET INDIAN EESERVATION. 623 

I beg t(. call yoiii- attention ro the fact that A. K. McFatridge. in «hai{:;e of 
this reservation, is trying to make this case againsi me. Itecanse of a personal 
grudge, owing to the fact that I was one «.f the committee of citizens who 
objected to the snnunai-y tieatment which Mr. McFatridge gave to Mr. Selecman. 

As I was secretary of that committee. Mr. .M<Fatridge, on his return from 
Washington, told some parties that he was going to liave nie ordered off the 
reservation, and I .judge that this is his manner of proceeding. I am not aware 
that gambling, as it has been practiced on this reservation, is an offense, and 
1 have tlie authority of Mr. McFatridge that tliere is absolutely nothing in 
the law regarding gambling as a misdemeanor. I also know that there is 
nothing in the laws of this State making gambling a misdemeanor, except in 
the case of a man who runs a percentage game, and I am not accused of that. 

If Mr. McFatridge knew that I w;;s gambling with Mr. IVeiniison. why did 
Mr. McFatridge allow Mr. Dennison to continue the business of buying and 
selling horses even after he had made charges against meV 

Why does Mr. McFatridge permit a white man, who has absolutely no family 
connection with this tribe, such as I have. t(» remain on the reservation after 
he. himself, found this man in a drunken condition, especially in ^■iew of the 
fact that this same white man has an Illegitimate child by an Indian woman of 
this tribe? This woman is a consumi>tive (very far gone) and has ; bsolutely 
no means of supjiort, yet Mr. McFatridge refused to make this white man con- 
tribute ti> the suinKu-t of his child, and numbers this same man among his 
friends. Am I any more detrimental to the Indians tlian this friend of Agent 
McFatridge? 

I am also aware that a game has been played in Agent McFatridgc's house 
in which cards and poker chips were used. If I had been caught in this predica- 
ment it would have been considered sufficient evidence by Mr. McFatridge that 
I had been gambling. 

I also know of white men on this reservation who had whisky with the 
agent's knowledge, and, as far as I know, still keep whisky in their houses. 
Nothing has been done to these men. They were friends of the agent. Am I 
more detrimental to the Indians than those u)en? 

I also assert that Leslie V. McFatridge, son of the superintendent, McFatridge, 
signed an agreement with the school board of this district, and in this agree- 
ment claimed to be the holder of a teacher's certisicite from this county, which 
statement he knew to be false when he made it: furtb.er. that Leslie V. McFat- 
ridge accepted money on this false statement. Surely this is a splendid example 
in honesty for the Indians coming from an agent's son. 

I can also prove that Mr. McFatridge has lied to his Indian wardfe. and that 
they have made him acknowledge it. These wards have no confidence in 
McITatridge as an agent, yet he is the man who says that I am detrimental to the 
Indians. 

I also further assert that the wife and son of Agent McFatridge have at times 
during hife absence usurped the office of agent, and their word has been law to 
the extent of forbidding such harmless pastimes as basket-ball games and dances, 
with no other idea than to thow their authority. 

I can furnish proof of all the charges I h.ave made here, and will do so if 
called upon by the proiier authorities. 

It is because I have taken exceptions to his treatment that I have incurred the 
wrath of the agent. If I had bowed down and worshipped, as some of the others 
have done, there would have been no charges against me, but because I have 
stood up for the rights of my family and myself I am to be sub.iected to every- 
thing he can direct at me. 

1 came to this reservation se\en years ago and married a member of this 
tribe about six years ago. Since I have been here I have worked steadily, and 
have at all times supported my wife and two children by my honest labor. 
I have never called on the Government for assistance in any form. I can refer 
you to any person residing on this reservation, not under the direct influence of 
the agent, for my character since I have been here, and I have already fur- 
nished your office with references before that time. 

I am under the impression that the fact of my marriage iutf) the tribe 
gives me the right of residence here the same as any other member of this 
tribe, and that any action removing me from my family would be unconstitu- 
tional. If I am guilty of any offense in the eyes of the law there is a court to 
prosecute me, and I am ready to stand trial. If I am not guilty of any offense, 
there is no reason to remove me. I demand the right for a full and complete 
hearing before impartial judges; I maintain that I am no more detrimental to 



624 BLACKFEET INDIAN RESERVATION. 

the peace and welfare of the ludiaus than any other white mau here, aud 
I ask the right to prove it. I deny that I have committed any offense against 
the kivi^, and I reassert that Mr. McFatridge is bringing this charge against me 
from purely personal spite. 

I trust that I hitve made my position clear, and that you will withhold any 
action on this matter imtil I am given a chance to prove my statements. 
Yours, respectfully, 

(Signed) F. H. Bar.xes. 



On Thursday evening, September 25. 1913. four white men arrived in Brown- 
ing at about 8 p. m. in an atitomobile. The.se men were all in an intoxicated con- 
dition, and upon registering at the hotel and being assigned rooms the town 
mar.shal discovered that they had in their possession a quantity of liquor. 
He immediately placed them under arrest and confiscated a quart bottle which 
contained whisky. This was taken as evidence against the men who were 
immediately placed in jail. After their arrest, on the following morning, 
Friday, September 26, Supt. McFatridge instructed his police to bring these 
men before him in his office. This was done, and within a short time there- 
after the men were released without any charge being preferred against them, 
despite the fact that they were guilty of introducing liquor upon the reserva- 
tion and with conclusive evidence to prove their guilt. The names of these 
men are as follows: C. E. Flunkett. J. D. Harrison. A. F. Turner, aud D. M. 
Moonoy, ull of Chesaw, Wash. 

Since the time of the incumbency of Supt. McFatridge of the office of super- 
intendent of the Blackfeet Reservation he has been guilty on many occasions of 
tlie practice of such discrimination, such discrimination usually being in favor of 
white men or some one who is in a position to protect himself, and against his 
wards and those against whom he holds a. petty personal spite. 

To substantiate the foregoing I attach the names herewith of certain persons 
who can be used as witnesses. 

RoBT. J. Hamilton. 

Witnesses who can testify: Mamie Simons, .James No Chief. P. H. Kennerly, 
and others. 



STATEMENT IN REGARD TO ESTRAY LIVE STOCK. 

It is the customary rule in the matter of all estray live stock, where the same 
has been consigned to live-stock commissions, in the Chicago markets or else- 
where, to have the proceeds from the sale of such live stock sent to the secre- 
tary of the board of stock commissioners at Helena. Mont., where the owners 
of the live stock are ascertained by means of records in the office of the secre- 
tary of the board of stock commissioners, where such brands and owners are 
recorded. From there such proceeds are transmitted to the owners of the 
stock through the oflice of the superintendent of the Blackfeet Agency. I am 
of the opinion that a great nuiuber of such estrays have within the last few 
years been shipped from this reservation, aud that no account has been made 
of the proceeds from the sale of such stock. 

This matter of moneys paid for estray cattle and horses to the secretary of 
the board of stock commissioners, and also individual claims against the railroad 
companies for damages, are two imi)ortant matters which. 1 believe, require 
a thorough investigation, from the records of the oftice of the superintendent 
of this reservation. 

RoBT. J. Hamilton. 



ITEM 7 FROM REPORT OF SENATE COMMITTEE ON INDIAN AFFAIRS. 

That during the summer of 1910 he sent one .Jimmie Arnoux, an ex-convict, 
to go with Bear Skin and his daughter, Mrs. Yellow Wolf, to the Crow Reser- 
vation, in Montana, to receive an inheritance from a Crow Indian relative who 
died there. From rough information, I understand this case involves about 
$3,0(X>, but thus far these heirs have not received a cent of the said inheritance, 
and they would like to know who appropriated the proceeds of the same. I am 
satisfied that Bear Skin and his daughter, Mrs. Yellow Wolf, have got nothing 
yet, and the matter is worthy of a thorough investigation. 

RoBT. J. Hamilton. 



BLACKFEET IXDIAX RESERVATION. 625 

GOVERNMENT HIDES SOLD AT PUIVATE SALE INSTEAD OF AT AUCTION. 

In 1913 the Governiueiit hides were to he sold to the highest bidder at a 
public auction. The firm of Walker & Andersch, of Great Falls. Mont., asked 
for notice and sealed bids, so that they could submit their bid. 

In due time the said firm submitted their bid. which, it was afterwards 
learned, was 23 cents per pound. 

Some time afterwards Mr. Walker, of the said firm, came to the Blackfeet 
Agency to inquire as to the hide situation, and upon inquiry Mr. Walker was 
informed that the hides had already been sold. 

McFatridge sold the hides for 21 cents per pound. 

I am informed that Mr. Walker has already made a statement in regard to 
the matter and has filed his protest on account of the manner in which he was 
treated. 

Hebbord, Stewart & Co., of Seattle, Wash., were the buyers of the hides. 

The facts In this case indicate that the sale of these hides was not conducted 
in an honest manner, and I believe that the matter is worthy of an investi- 
gation. 

RoBT. .T. Hamilton. 



State of Montana, 

County of Teton, ss: 

Dog Taking Gun. an Indian, and a residei't of the Ri.-ickfeet lioserl'aiioii, 
being first duly sworn, upon oath deposes and says: 

That he delivered one dry cow for beef to the Government in .July. 1913; 
that when he went to the oflice of the superintendent for his pay he was told 
that the cow got away before it was butchered ; that the cow was weighed, 
accepted, and placed in the Government corral under lock and key after he was 
told the weight of the animal : that to this day he has never received a cent 
for the aforesaid animal. 

Dog Taking (his thumb mark) Gun. 

Subscribed and sworn to before me this 1st day of November, 1913. 

F. P. Sherburne. 
Notary Puhlic for the State of Montana, 

Residing at Broivning, Mont. 
My commission expires October 25. 1915. 

(Wltne.sses to the foregoing facts: Dog Taking Gun. Jos. Sherburns, Barking 
Fox, Jos. Brown.) 



STATEMENT IN THE MATTER OE CERTAIN BANDS OF SHEEP PERMITTED TO l,RA/,E UPON 
THE RESERVATION. 

About the 1st day of October. 1913. two men drove ui)ou the reservation a 
large band of sheep, the property of one William Cargo, of Choteau. Mont. 
Luther Smith and George Cordura. both of Choteau. were the men in charge 
of the sheep. These .sheep were driven upon the allotment of ;in Indian by 
the name cf John New Breast, in spite of his protests. The sheep were allowed 
to remain on this allotment for three days and three nights, causing great 
damage thereto. In explanation the two herders said that they had authority 
from Supt. McFatridge for driving and passing across these lauds and to take 
all the time in so doing that they desired. The herders also told the owners 
of these allotments that they had paid a grazing tax to Supt. McFatridge in 
the sum of $S0. The Indian allottees who were thus damaged on account of 
the sheep being allowed to cross their allotments have never received any 
account from the superintendent as to what disposition was made of the funds 
thus received. 

Besides this particular case there are a number .:>f others in which a sum 
of money was paid to the agent as grazing tax. 

I believe that these cases are worthy of an investigation l»y your commission. 

RoBT. J. Hamilton. 

(Witnesses who can testify: New Breast. J<thu New Breast, Yellow Owl, 
Mrs. Yellow Owl. i 



626 BLACKFEET INDIAN EESERVATION. 

STATEMENT OF MYLES RUNNING WOLF. 

I, the uriderKsigued, am a member of tbe Blackfoet Iiullan Tribe and I reside 
iipon the Blackfeet Indian Reservation. 

In tbe month of June, 1913. I made a formal application to Supt. McFatfidge, 
of the Blackfeet Reservation, for a team of horses, under and according to the 
agreement of Ibe 4 per cent reimlmrsable fund. My application was granted 
and I was told that a team which was the property of one Jessie Brown could 
be had for the sum of $350, the same to be i)aid for as set forth under my agree- 
ment No. 79. Ui»on my inquiries I was told by Joseph Brown, who represents 
the Government in this reimbursable purchase, that the horses were sound in 
every way and represented them to be imblemished and strictly up to the 
specifications governing such transactions. Upon such representations I ac- 
cepted the team of horses and signed a contract. After the animals had been 
in my jiossession for about one week I discovered that one of them was afflicted 
with an incurable disease, known as fistula, and that contrary to representa- 
tions, one of the horses was pronounced by experts to be at least 20 years old 
and the other about 15. After I discovered these defects and the extreme age 
of the animals I protested to Joseph Brown, who referred me to Supt. McFat- 
ridge, smd they both insisted that I should retain possession of the animals, 
because of the fact that I had already signed the agreement. In substance, 
Joseph Brown said to me: " It is too late, you have already signed the contract 
and accepted the horses, and I can not exchange them because one of them 
has a little sore neck: you will have to take them." 

For the reasons as set forth herein the horses are practically worthless to 
me, as I am unable to use the one which is so afflicted and to' use either of 
them to any great extent because of their age. 

I am of the opinion that these horses were forced ui»on me Itecause of the 
desire on the part of Joseph Brown to favor the original owner of tlie horses, 
Jessie Brown, who is a brother of Joseph Brown. 

Myles Running Wolf. 

(Myles will furnish witnesses and evidence.) 



STATiLKENT ()F ELI RIDER IN THE MATTER OF THE LEASING OF HIS ALLOTMENT. 

I am a fnll-blood Indian, a member of the Blackfeet Indian Tribe, and I 
reside on the Bla</kfeet Indian Reservation. 

In the Uionth of June, 1913. I asked A. E. McFatridge. superintendent of the 
Blackfeet Indian Reservation, to give me a permit to lease my allotment of 
land to Thomas Davrson, also an allottee, who proposed to fence my land for 
the use of it. This was satisfactory to me. as I didn't have the necessary means 
with which to build improvements on my land. 

Supt. McFatridge refused to grant my request, but later, when I went to 
where my allotment is located. I found that a white man by the name of Brew- 
ster, head of the Brewster Transportation Co., had taken charge of my allot- 
ment, had built corrals, and was grazing his stock upon the same. When I 
asked the said Brewster by what right or authority he was there, he said that 
he had ])erinission from Supt. jNIcFatridge to range his stock on my allotment 
and that he had paid McFatridge for the use of it. 

Upon this information I went to the agency to see McFatridge about the 
matter. He told me that the Indian Department at Washington had leased to 
Mr. Brewster my allotment and those of my family, and that no compensation 
for same had ever been received by him. 

Mr. Eli Rider. 

Witnesses to signature : 
RoBT. J. Hamilton, 
John Hunsberger. 



Lot No. 9. 

statement of the case of LOUIS I'AMBRUN. 

I am the wife of Louis Pambrun, deceased, who was a ward of the Govern- 
ment and a member of the Blackfeet Tribe. 

In the fall of 1910 my husband, Louis Pambrun, entered into an agreement 
with the firm of McCabe & Barrett, post traders, by the terms of which my 



BLACKFEET INDIAN RESERVATION. 627 

lausband was to deliver to the flrni of McCabe & Barrett about 75 tous of hay, 
f. o. b. on cars at Blackfoot Station. 

During the month of November, 1910, Mr. Pambrun was taken sick and while 
confined to his bed the work of baling the hay was done. Mr. Pambrun then 
directed our sou Dave and others to begin with the work of delivering the hay 
on the cars at Blackfoot Station, about 2 miles distant from our ranch. 

Settlement was to be made as each car was loaded, but this proviso was not 
complied with. 

When two cars had been loaded and the men were at work loading the third 
car, without the consent of or any authority from Mr. Pambrun, the said firm 
of McCabe & Barrett caused the tw^o cars of hay to be shipped without paying 
for same or carrying oiit the terms of the agreement. Upon being informed 
of this action on the part of McCabe & Barrett. Mr. Pambrun had the third cai* 
of hay held, and demanded payment for the other two cars of hay. Me then 
caused the hay in the third car to be unloaded, after which McCabe & Barrett 
surreptitiously caused the hay to be reloaded, placing locks upon each door of 
the car. 

Upon his being apprised of the matter, Mr. Pambrun instructed our son Davfl 
and others to demand of the employee of McCabe & Barrett to open the doori 
and upon his refusal to do so our son Dave Pambrun and others broke one of 
the locks on the door and unloaded the hay. 

Mr. McCabe, of the firm of McCabe & Barrett, then went to Cut Bank, a 
town on the eastern boundary of the reservation, with instructions from 
McFatridge to prosecute the owners of the hay in the State court for resist- 
ing the post trader to rob them in such a manner, and caused warrants to be 
issued for the arrest of our son. Dave Pambrun, Joseph Spanish, Willie 
Spanish, Champigne, and Yielle. 

In due time the deputy sheriff of Cut Bank went upon the reservation and 
placed the men under arrest on a charge of burglary. They were then taken to 
Cut Bank, where bail was promptly furnished, and their hearing set for the 
23d of December, 1910. 

During the time this hearing was pending before the .iustice court at Cut 
Bank, Mr. Pambrun. then on his deathbed, pitifully appealed through me artd 
sent me to Supt. McFatridge for protection of his interests. At each time, how- 
ever, that I called upon Mr. McFatridge I met with a very cold reception 
and was refused any assistance whatsover, which refusal cleax'ly indicated 
that Mr. McFatridge was looking after the interests of the post traders in- 
stead of the Indians, contrary to the instructions of the Indian Department. 
Mr. Pambi-un then appealed to the Commissioner of Indian Affairs in Wash- 
ington, and received two or three telegrams to the effect that " Superintendent 
was instructed to look after the interest of Indians." 

Failing in his efforts to obtain assistance from Supt. McFatridge and 
the Indian Ofl3ce. Mr. Pambrun then engaged Attorney John W. Coburn and 
P. H. Kennerly, the latter an Indian and a ward of the Government, to repre- 
sent the interests of the accused. The State was represented by the county 
attorney, O. D. Gray. 

A hearing was had before the justice court at Cut Bank, and the defendants 
in the action were speedily acquitted or discharged. 

Within 10 days after the exoneration of these defendants, Mr. Kennerlyj 
at the instigation of Mr. McFatridge, was placed under arrest and charged 
with having introduced liquor on the Blackfeet Reservation. Much persecution 
followed, and six months later Mr. Kennerly was brought to trial before the 
United States district court in Helena, Mont., and the result of that trial 
was a speedy acquittal, upon the showing of Mr. Kennerly that the prosecution 
was based upon prejudice and malice, on account of the active part that he took 
In the Pambrun case. 

After the hearing in the justice court at Cut Bank and after Mr. Kennerly'S 
arrest, Supt. A. E. McFatridge persisted in his efforts to cause Mr. Pambnin 
all the trouble and mental worry possible. I have no hesitancy in saying that 
on account of the persecution of Supt. McFatridge, the death of Mr. Pambrun 
was hastened. 

It was midwinter; Mr. Pambrun was sick in bed; and we had a large family 
dependent uiton him for support. Our family was in a destitute condition, and 
when :Mr. Pambrun again appealed to Supt. McFatridge for permission to sell 
the rest of his hay. for the purpose of buying food for his half-starved family, 
Supt. McFatridge stubbornly refused to grant such permission, and the hay re- 

85001 — PT 6—14 5 



628 BLACKFEET INDIAN RESERVATION. 

inained exposed to the elements where it finally rotted, and Mr. Pambrun 
liever received any benefit from his property. 

Mr. Pambrun died on March 17, 1911, without ever having come to a definite 
accounting with the firm of McCabe & Barrett for the two cars of hay. 

After the death of Mr. Pambrun, Supt. McFatridge refused to allow me to 
sell any portion of the said hay in question in order to give my husband a 
decent burial. 

Respectfully submitted. 

Mrs. Annie Pambrun. 



JjTATEMENT IN THE CASE OF MINNIE WALTERS, AN INDIAN, V. H. AMMANN, POST 

TRADER. 

About one year ago Aaron Walters, acting as agent and employee of Minnie 
Walters, performed certain labor at Browning for the Great Northern Rail- 
road Co. 

This work consisted of freight hauling and required altogether the use of 
horses ; the horses used in this work were the property of Minnie Walters. 

At some time previous to the performance of this labor Aaron Walters con- 
tracted a debt with H. Ammann, post trader. 

Before a settlement was had by Mrs. Minnie Walters with the Great North- 
ern Railroad Co., H. Ammann caused a writ of attachment to be sued out in 
the justice court at Cut Bank, which writ was duly served upon Aaron 
Walters, and the amount due Mrs. Minnie Walters as compensation for the 
services in which her teams were employed was held, upon her protest that 
the money was rightfully hers. 

Later legal proceedings were instituted by the Great Northern Railroad 
Co. to compel the defendant parties to appear before the court, that it might 
be ascertained as to who was rightfully entitled to the money due from the 
railroad company. 

Mrs. Minnie Walters then appealed to Supt. McFatridge for assistance in 
the matter, but she was told that he — Supt. McFatridge — could do nothing 
for her, insisting on her paying the bill which was contracted by her husband. 

She then engaged the services of an attorney and her case was filed in the 
<Jistrict court in November, 1912. 

The case was called for trial on the 9th of April, 1913, in the district court 
at Great Falls, Mont., at which time Mrs. Walters, with her witnesses, appeared, 
ready for trial, but on account of the failure of H. Ammann to appear and the 
gross negligence on the part of his attorney, the case was postponed until 
some time in August. 

This case involves a sum of about $300. 

At the time of this indenture the case is pending before the district court 
in Great Falls, to be heard on the 4th day of November, 1913. 

RoBT. J. Hamilton. 

Witnesses who can testify : R. J. Hamilton, P. H. Kennerly, John La Mott, 
Minnie Walters, Aaron Walters, George Cook. 



STATEMENT IN THE CASE OF MRS. WILLIAM CROFF. 

In the month of February, 1913, Mrs. William Croff was granted a decree 
of divorce by the district court in Kalispell, Mont. The provisions of that de- 
cree also awarded Mrs. Crofif certain live stock which were upon the Black- 
feet Reservation and also other property. Since that time, however, she has 
experienced a great deal of trouble on account of the stand that Supt. Mc- 
Fatridge took in favor of her former husband. Hunter Powell, who is a Ban- 
nack Indian and who has no connection with this tribe of Indians, although he 
was allotted land upon this reservation. 

Supt. McFatridge on several occasions has refused to recognize the action 
of the court in awarding Mrs. Croff the above-mentioned property, biU has 
acted in open disregard of same. He has caused, as I have stated. Mrs. Croff 
much annoyance and trouble and within a day previous to the present writing 
he caused these animals to be forcibly taken from Mrs. Croff and locked in 
the Government pasture, pending his own personal action in the matter. 



BLACKFEET INDIAN RESERVATION. 629 

An effort is uow being made to linvo tlie s.-iid Snpt. McFatridse cited for 
contempt of court. 

I submit a copy of the decree issued by the district court at Kalispell. 

RoBT. J. Hamilton. 

Witnesses who can testify: William Croff. Sophia Croff, R. J. Hamilton, 
P. H. Kennerly, court record. 

[In the district court of the eleventh judicial district of the State of Montana, in and 
for the county of Flathead. Sophia Powell, plaintiff, v. Hunter Powell, defendant. 
Decree — divorce. ] 

This cause coming on for hearing on this the 19th day of February, 1913, the 
same being a day of the regular term, to wit, of the 1913 term of this court; 
the plaintiff" appearing in person and by her attorney, M. D. Baldwin, the de- 
fendant being called in the manner provided by law, comes not, but makes 
default as to both appearance and plea, which default has been duly noted and 
entered. 

And it appearing to the court that the defendant has been duly and legally 
served with summons, together with a copy of the complaint filed herein but 
has wholly failed to appear as provided by law. Whereupon the plaintiff sub- 
mitted testimony in proof of the allegations set forth and contained in her said 
complaint; the court hearing all of said evidence and fully examining the 
pleadings hei-ein, finds that all of the material allegations contained therein 
are sustained and proven by the testimony, and that the equities are with the 
plaintiff; and that is now, and has been for more than two years last past, a 
bona tide resident of the county of Teton, State of Montana. 

The court further finds that the plaintiff is entitled to a divorce as prayed 
for upon the grounds of willful neglect and desertion ; and that said plaintiff is 
a proper person to have the care and custody of said minor child, Helen Powell, 
the issue of the marriage between the parties hereto; also that said plaiptiff 
is entitled as her separate estate to such live stocli upon the Blackfeet Indian 
Reservation of Montana, as bears her individual brand of "746" branded in a 
perpendicular manner on the left side or left thigh of such live stock; and 
also one wagon and double harness. 

It is therefore ordered, adjudged, and decreed, and the court does hereby 
order, adjudge, and decree, that the bonds of matrimony heretofore existing 
between the plaintiff and the defendant be, and they are hereby, severed and 
between the plaintiff' and the defendant be, and they are hereby, severed and 
and that the custody of said minor child, Helen Powell, be, and the same is 
hereby, awarded to said plaintiff; and that she is hereby restored to her 
maiden name of Sophia Monroe; and that said defendant be restrained from 
in any way interfering with the property herein named and being the separate 
estate of said plaintiff. 

J. B. Erickson, Judge. 

Dated February 19, 1913. 



CASE OF MRS. JOHN KIPP. 

Several years ago an Indian died leaving a will by which his sister, Mrs, 
John Kipp, was named as one of the beneficiaries. Among certain other prop- 
erty that was left Mrs. Kipp was the house of the deceased. 

A short time after, Wolf Tail, one of the judges of the Indian court, took 
possession of this house and has refused to pay Mrs. Kipp for the same or to 
give her any satisfaction in the matter of a settlement for her property. 

Mrs. Kipp then applied to Superintendent McFatridge, and at last was able 
to bring about a trial of her case which was authorized by Superintendent 
McFatridge before the Indian court at Browning. The principal feature of 
this part of the proceedings is the fact that Wolf Tail was permitted by Super- 
intendent ^McFatridge to preside as one of the judges in that trial. Of course, 
the verdict of the court was that Wolf Tail should retain possession of the 
property. . ^. . . - 

Mrs. Kipp then employed a lawyer in Helena, advancmg him a retainer or 
$50, but after her attorney endeavored to secure the will of the deceased, he 
was told by Superintendent :McFatridge that same was not on file in his office. 
For this reason Mrs. Kipp, of course, has no standing and is unable to proceed 



BLACKFEET INDIAN RESERVATION. 

with her case before the court. She is therefore, desirous that your commis- 
sion investigate the matter of her claim against Wolf Tail, and to cause such 
action to be taken as will result in a just and fair determination of the case. 

RoBT. J. Hamilton. 

Witnesses who can testify : Mrs. John Kipp, Jos. Kipp, Willie Kipp, and R. J. 
Hamilton. 



In the spring of 1913 an Indian by the name of Three Calves lost a horse, 
which he later found in the possession of W. A. Brewster, who is at the head of 
the Brewster Transportation Co. in Glacier Park. Upon the discovery of the 
animal Three Calves took his property to the agency and reported to Supt. 
McFatridge that the horse had been branded, by the said W. A. Brewster. The 
horse was found to bear the brand of Brewster and which brand at the time 
had the appearance of having been recently put upon the animal. Instead of 
prosecuting Brewster, McFatridge ordered Three Calves to take the horse 
back to Brewster, saying that he must have bought the animal from some one 
else. Three Calves claims that he never sold this animal to anyone, neverthe- 
less he was in this manner forcibly deprived of his property. 

RoBT. J. Hamilton. 

Witnesses who can testify : Three Calves. George Starr. li. J. Hamilton. 
Black Weasel. 



THE CASE OF ERNEST CUT FINGER, AN INDIAN. 

Several years ago Ernest Cut Finger bought a horse of one Charles White 
Swan, who claimed that the colt bore the brand of his father. Ernest Cut 
Finger owned the horse in question for a period of four years, marked with his 
own brand and the original brand being vented. 

One year ago or more this animal was forcibly taken by the authority of 
Supt. McFatridge from Ernest Cut Finger and turned over to Joe Brown, super- 
intendent of the live-stock industry. This was done in spite of the protest on 
the part of Ernest Cut Finger and the submission of evidence tending to show 
that the animal was rightfully his. 

This is simply another case in which discrimination was practiced by Supt. 
McFatridge in favor of one of his satellites. 

RoBT. J. Hamilton. 

Witnesses who can testify: Ernest Cut Finger. Charles White Swan, Felix 
Flat Tail. 



STATEMENT OF MRS. LEVINA CHATTEN. 

I am a member of the Blackfeet Tribe of Indians, and I reside on the Black- 
feet Indian Reservation. 

In the month of June, 1913, one W. A. Brewster, at the head of the Brewster 
Transportation Co., was conducting a transfer and auto service through the 
Glacier National Park. 

While a team which belonged to me was engaged in transporting freight 
over one of the highways, an auto, the property of the above-mentioned com- 
pany, ran into my team and one of my horses was killed as a result of the 
collision. 

Within a short time after this occurence I filed a claim in the sum of $200 
in the office of the superintendent of the Blackfeet Indian Reservation, but 
since the time of the filing of my claim no action has ever been taken in the 
matter. 

It appears that Supt. A. E. Mc. Fatridge is reluctant to make any demands 
in behalf of his wards and upon white men who are connected with railroad 
corporations or any large concerns, in matters of this kind. In fact, he seems 
disposed to favor white men in preference to his wards. 

I have called the attention of Supt. Mc. Fatridge to this matter on several 
occasions, but he has never caused anything to be done about the case. 

Levina Chatten. 

Witnesses to signature: 
RoBT. J. Hamilton, 
P. H. Kennerly. 



BLACKFEET INDIAN EESERVATION. 631 

Browning, Mont., 

Decemher 5, 191S. 
Hon. J. T. Robinson. 

United States Senate, Washington. D. G. 

Dear Sir: In addition to the many letters which I h;ive ah-eady submitted 
to your (Commission for consideration, and which bear upon the corrupt and 
unjust administration of the affairs of my i)eople Ijy Supt. A. E. Mc. Fatridge, 
I herewith submit the following-described inclosure: 

No. 1 is in regard to the conditions of the Cut Rank Boarding School and 
about which I have already sent to your commission statements and atiidavits. 

No. 2 is an additional athdavit in regard to the reservation fence. 

No. 3 discloses the neglect of the Indians by the Government physicians, 
and which neglect of duty is tolerated by the superintendent with his knowl- 
edge. Numberless cases of this kind can be cited. 

No. 4 within the three affidavits with blue covers, are contained separate 
and distinct charges of offences committed by Supt. A. B. Mc. Fatridge, post- 
master I. T. Whistler, and one J. R. Hart, an agency clerk. 

I have this day transmitted duplicates of two of these affidavits to the 
Post Ofiice Department in Washington, requesting such action by that depart- 
ment as the circumstances warrant. 

In all, this is the third lot of complaints which I have transmitted to your 
commission. My people are still hoping that your commission will, before 
long, cause some remedy for their pitiable condition and the deplorable condi- 
tions of their reservation, or at least the removal of the person who is respon- 
sible for the existence of such conditions. 
Very, respectfully, 

RoBT. J. Hamilton. 



Browning, Mont., December o. J913. 
Hon. J. T. Robinson, 

United States Senate, Washington, D. G. 
Dear Sir: In addition to other matters, I have the honor to present to your 
commission through you, as chairman, copy of a petition of the Blackfeet Tribe 
of Indians in the State of Monfcma. 

Their petition in substance is to the United States, asking for an amend- 
ment of the act of 1907, and also that our surplus lands be held intact for a 
period of 10 years longer. 

The original petition is signed by about 200 Indians and was transmitted to 
the honorable Commissioner of Indian Affairs through the superintendent of 
the reservation under date of December 3, 1913. 

Were it not for the deplorable conditions existing at this time on this reser- 
vation, and which the people thoroughly appreciate. I feel sure that some other 
course might have been adopted by them. 

Their pitiable condition at the present time, however, warrants such course 
in accordance with their b«st judgment. 
Very respectfully, 

Robt. J. Hamilton. 



December 15. 

Mr. Robert J. Hamilton, 

Brouning, Mont. 
Dear Sib : Your two communications of December 5 have been received. 
All statements sent in by you have been filed in connection with other matters 
concerning the Blackfeet Reser\;ation, and just as soon as possible the commis- 
sion will look carefully into all data now on file regarding the Blackfeet 
Indians. 

By order of the chairman. 

R. B. Keating. Secretary. 



I.OT No. 10. 
petition. 



At Browning, in the county of Teton, State of Montana, on this the 28th 
day of November, A. D. 1913, we. the undersigned, residents of the Blackfeet 



632 BLACKFEET INDIAN RESERVATION. 

Indian Reservation, and a majority of the members of tlie Blackfeet Indian 
Tribe of the State of Montana, have convened according to our usual manner 
and custom for the purpose of considering the matter of the surplus lands of 
this reservation, which the outside public urge to be throv^^n open to public 
settlement at this time: Now, therefore, be it 

Resolved, That whereas the various chambers of commerce and commercial 
bodies of certain towns near the reservation have, and are bringing pressure to 
bear on the department, as well as the Montana delegation in Washington, to 
open the Blackfeet Reservation to settlement at as early a date as possible, we 
believe that a great injustice would be done to the people of our reservation if 
such action was taken by the Government in accordance with the provisions 
of the act of 1907. Tlie said act, providing for the allotment of our lands in 
severalty and for the disposition of the surplus lands after allotment, was not 
in conformity with any treaty stipulation, nor were we consulted in any manner. 
Likewise, we believe that such action would work contrary to our interests if 
the aforesaid act of 1907 were not amended, for the following reasons, to wit: 

PMrst. Our attitude in this matter can be supported by official reports of the 
different agents and superintendents who have submitted in an unbiased manner 
the fact that the Blackfeet Reservation is of a nonagricultural character and 
suitable for grazing purposes only. 

Second. Your petitioners represent that, from our own observations, border 
settlers who have made attempts to farm the same character of land as com- 
prises the eastern portion of the reservation have failed to demonstrate agricul- 
tural possibilities in sections which are precisely the same as our best irrigable 
lands; and it is absurd to expect the Indian, who is naturally unadapted to 
farming, to be placed against experienced and expert farmers in competition as 
agriculturists. 

Third. That, owing to the high altitude of the reservation and its nearness 
to the Glazier National Park, which comprises live glaziers and which are con- 
stantly dispelling their cold and frosty atmosphere over our lands, causes this 
locality to be subject to frost every month during the summer season, therefore, 
the production of crops is an uncertainty; but as grazing lands, it is superior to 
any section of the State of Montana, and we believe that it should be conserved 
for he best good it can subserve for the general public. 

It is an absurd proposition to undertake to oppose nature or attempt to 
convert a section of country to produce such necessaries of life which climatic 
conditions can not mature. 

Homesteaders should familiarize themselves with these conditions before they 
undertake to locate and not rely upon the representations of railroad corpora- 
tion is more suitable for such purpose than any other section in the State, we, 
and which bodies and corporations are not doing so for the good and best in- 
terests of the poor farmer, but are advocating such a move with a view to 
accomplishing and serving their own selfish ends, and which reasons, of course, 
they do not dare to openly advocate. 

Fourth. Inasmuch as it is the policy of the Government to reserve all graz- 
ing districts for the purpose of producing a beef supply, and that this reserva- 
tion is more suitable for such purposes than any other section in the State, we, 
for the reason, most urgently request that our surplus lands be held intact as a 
resource for beef production. 

Heretofore this reservation has grazed, aside from the stock which belonged 
upon the reservation, about 35,000 range cattle which belonged to outside stock- 
men; therefore, 600,000 acres of surplus lands, if properly managed, will 
accommodate about 25,000 cattle. 

Fifth. The general depression of the beef supply warrants that the State of 
Montana should retain as much grazing lands as possible to produce beef, which 
is about one-half of our common living, and such depression has increased the 
high cost of living, and lack of range is solely responsible for the shortage of 
beef and the high cost of it. This reservation can do more good in beef pro- 
ducing than all the experiment farming can do for our people or the State. 

The expressed policy of the President to the honorable Commissioner of In- 
dian Affairs is, in substance, that all Indian reservations be conserved and 
utilized as beef-producing districts. 

Sixth. We are of the opinion that by retaining the Blackfeet Reservation 
intact for a period of 10 years longer our surplus lands during that time ought 
to triple in value, according to the steady rise in the price of real estate prop- 
erty in Montana, and that while these lands are increasing in value each year, 
the revenue derived from grazing tax will enable the tribe to pay the reclama- 



BLACKFEET INDIAN RESERVATION. 633 

tion obligations for the construction of irrigating canals in 10 annual install- 
ments, and at the expiration of the said period, reappraise and relinquish out 
surplus lands to the Government if then deemed advisable.. 

Seventh. For the foregoing reasons we do strongly protest against the con^ 
templation at this time of opening our surplus lauds to settlement, and for the 
same reasons we ask that our surplus lands be retained by us in conunou for a 
period of 10 years; but we most urgently request also, the early approval of 
our allotments, the adjustment of our status according to our ability to assume 
the responsibilities of citizenship, and to be given a definite policy under which 
the disposition of our allotments may be determined hereafter. 

Our attitude in this matter is, of course, iu conformity with President Wil- 
son's policy to conserve Indian lands for slock raising, and also the policy oi 
the Secretary of the Interior to protect the interests and welfare of the Indiam 
who is the principal contracting party in the cession of his lands to the United 
States. 

We therefore insist that our consent be first obtained befoi-e any lands are 
again arbitrarily taken from us. 

To you we most earnestly appeal and respectfully submit this, our petition. 



Lot No. 11. 

STATEMENT OF MKS. MARY HIXSON IN KEUARU 10 THE CUT BANK BOARDING SCHOOL. 

The conditions which exist at the Cut Bank Boarding School are such as to 
make the school an unfit place for children to be detained. I have been told 
that the conditions have been reported to the Indian office a number of times, 
and that Supervisior Bi'ker of the Interior Department submitted a report on oi* 
about the 30th day of November, 1912. which disclosed the conditions as they 
exist at this school. I also have knowledge of the fact that these conditions 
are known to A. E. Mcl'atridge. superintendent of the reservation, from his 
own observations and the many times that they have been reported to him. 

On or about October 29, 1913, I visited the Cut Bank Boarding School, where 
my children are attending school. I found them to be almost barefooted, half 
naked, dirty, and kept in a generally filthy condition and their bodies covered 
with vermin or lice They also complained of being sickly and hungry. 

I reported these facts to Supt. McFatridge, and the only satisfaction which 
I received was bis answer that he would " look into the matter." I told him 
that if he did not do so that I would report the matter to the department 
The superintendent then told me not to do so, and said, " You will only be put' 
ting vourself to a lot of trouble." 

In View of all the efforts that have been made to bring about some remedy 
for the conditions which exist at the Cut Bank Boarding School and the seem- 
ing disregard on the I'art of the Indian office and our superintendent of the 
reports against such conditions, I have no other recourse but to appeal to your 
commission in the hope that you will give the matter a thorough investigation 
at the earliest possible time. 

Mrs. Mary Hixson. 

Subscribed in the presence of— 
P. H. Kennerly. 
R. J. Hamilton. 



State of Montana. 

County of Teton, ss: 
' Thomas Harwood. of the Blackfeet Indian Reservation, first being duly sworii 
on oath, deposes and savs : That he is a member of the Blackfeet Tribe of In- 
dians, and resides upon the Blackfeet Indian Reservation, where he has ail 
allotment: that during the month of May. 1913, he moved to his allotment^ 
which is on the eastern boundary of the reservation : that when he went there 
he observed about 4 miles of the reservation fence being left, which was kept 
up and used by a settler across the border line of the reservation ; that smc6 
then the border white settlers have taken the posts and wire for theu- owii 
private use. , . 

Affiant further says that he was refused by Supt. McFatridge to use what was 
left of the fence, despite the fact that he permitted others who had no rights 



G^4t BLACKFEET INDIAN RESERVATION. 

upon the reservatlou to take the posts and wire; that he hsis reported the de- 
stcnction of the fence by white settlers to Snpt. McFatrldge, but that the su- 
perintendent seems averse to taking any action against them, and that the said 
superintendent refused to grant this affiant permission or authority to pi-event 
the carrying away and destruction of the fence. 

Thos. Harwood. 
Subscribed and sworn to before me this — day of November, A. D. 1913. 

F. P. Sherburne, 
Notari/ Public in find for the i^tnte of Montana, 

County of Teton. 
My commission expires October 25. 1915. 



Pir.ATORV PRACTICES OF AGENCY PHYSICIANS IN GIVING INDIANS MEDICAL AT- 
TENTION. 

The useless expenditure of money for the employment of " agency physicians," 
the poor medical attention received by the Indians at their hands, and the 
manner in which such neglect of duty is tolerated by the superintendent is a 
subject which is worthy of thorough investigation. 

In support of the foregoing statement, I submit the following cases which 
were neglected by the agency physicians, and also refer to the project engineer, 
Mr. C. J. Moody, of the Reclamation Service, to support my statements. 

1. About 500 Indians, including men. women, and children, were camped on 
certain excavation work from April until October 1, 1913. I am informed that 
more than 50 calls for a physician were sent in during that time, but only 
5 visits were made during those six months. 

2. Sometime in July an Indian, male adult, sustained a fracture of the arm; 
Dr. O. S. Phillips, agency physician, called early one Sunday morning, but did 
not go until the project engineer repeatedly telephoned and insisted that he 
must have an answer as to whether or not the physician would come. 

3. An Indian workman sustained a fracture of his collar bone ; a call for a 
physician was sent in ; the physicians refused to go, but because of extreme 
pressure expressed to them by the reclamation officials, one physician went 
out three days later. 

4. Indian boy about 12 years old sustained an injury to his forehead which 
resulted in a large laceration about 4* inches long, the skin hanging down 
over the eye; this needed a number of sutures applied; physician was called, 
would not come, and did not come. 

5. Richard Calf Robe, age 29 years, took ill. Physician was called and came 
on the third day ; physician said he only had a cold and .sore throat. Richard 
got worse and for two weeks there were repeated calls, but they would not go to 
the patient. On the fifteenth day the project engineer, Mr. Moody, called in 
to see this Indian; he found him in a bad condition, and again asked for a 
physician ; both physicians were in the office, but they refused to go. Mr. 
Moody then sent for a physician of the reclamation service. Dr. Roy L. Gleason, 
who immediately responded to the call, and found Richard Calf Robe in a 
dying condition, and that he was suffering from double pneumonia. The 
patient died on the following morning at 3 a. m., November 5, 1913. 

The matter of medical attention became so deplorable that the project engi- 
peer, Mr. C. J. Moody, felt constrained to request Supt. McFatridge to relieve 
conditions by making the physicians answer calls. No relief was thus obtained. 
Later a letter was written to Supt. McFatridge by Mr. C. J. Moody, setting 
forth the fact that numerous calls had been neglected all the season, and again 
asking that the Indians working on the canal be given a reasonable amount of 
medical attention, but no relief from such deplorable conditions was then 
pbtained. 

ROBT. .T. HAMILTaN. 



Lot No. 12. 
State of Montana, 

County of Teton, ss: 
Iron Necklace, of Browning, Mont., first being duly sworn according to law, 
deposes and says; That he is a resident of the Blackfeet Indian Reservation, 
within the borders of which is located the Browning post office; that he is a 



BLACKFEET INDIAN RESERVATION. 635 

patron of the Browning post office: tliiit on or altitut Xoveniher 4, 1!>1,S, a cer- 
tain letter was mailed to him by the dei)artment of justice of the district of 
Montana, said letter being addresse<l to him at Valier, Mont.; that the said letter 
contained a check for a certain sum which was due him as witness fees; that 
he caused to be notified the postmaster at Valier to forward the said letter to 
Browning. Mont.; that on or about the 2d day of l)(>c(>mber. 1913. the letter 
was received at the Browning post ofHce. 

Affiant further says that the said letter was then delivered by I. T. Whistler, 
postmaster at Browning, to Arthur E. McFatridge, superintendent of the Black- 
feet Indian Reservation, who thus intercepted his letter without any authority 
of whatsoever nature or kind from this affiant. 

That the said I. T. Whistler did, without the permission, consent, or author- 
ity of this affiant, deliver the said letter to the said Arthur E. McFatridge, by 
placing the same in the box of the said Arthur E. McFatridge; that on the fol- 
lowing day, December 3, 1913, this affiant went to the office of the said Arthur E: 
McFatridge for the purpose of ascertaining as to whether or not the letter had 
been taken by him; that he found the letter in the possession of the said Arthur 
E. McFatridge ; that the letter was opened without the permission of the affiant ; 
that the check was not handed to this affiant, neither the inclosure, both of which 
were withheld by the said Arthur E. McFatridge; that Arthur E. McFatridge 
then handed this affiant the sum of $13.50, in currency: and that neither the 
check nor any inclosure was ever turned over to this affiant. 

Iron (his thumb mark) Necklace. 

Subscribed and sworn to before me this 4th day of December, A. D. 1913. 

[SEAL.] F. P- Sherburne. 

'Notary Public in and for the State of Montana, 

County of Teton. 

My commission expires October 25. 1915. 



Lot No. 13. 
State of Montana, 

County of Teton, ss: 
Iron Necklace, of Browning, Mont., being first duly sworn according to law, 
deposes and says : That he is a resident of the Blackfeet Indian Reservation and a 
member of the Blackfeet Indian Tribe; that he was summoned by the depart- 
ment of justice of the district of Montana to api)ear before United States Com- 
missioner L. M. Van Etten at Butte, Mont., on the 25th day of July. 1913. as a 
witness in the case of tlie United States against one Cleve West; that he ap- 
peared in accordance with the summons and on the day mentioned in the 
subpoena. July 25, 1913; that when he started for Butte he took the train at 
Conrad and was met there by J. R. Hart, a clerk at the agency ; th.-it the said 
J. R. Hart paid for the transportation of this affiant and others who had been 
summoned as witnesses; that upon their arrival at Butte the said Hart accom- 
panied the said witnesses to a rooming house where he engaged rooms for 
them ; that he thereupon told the said witnesses that the charge for the rooms 
would be $1 apiece; that upon the following day the affiant offered to pay the 
proprietress of the rooming house and also made inquiry as to the charge she 
made for the rooms; that the proprietress replied that her charge was 50 cents 
apiece and that the said J. R. Hart had already paid for same; that aside from 
paying for the transportation and for one nighfs lodging for these witnesses 
the said Hart did not pay out any other moneys for the expenses of these 
witnesses, they having paid out their own money for their meals. Affiant 
further says that he has never at any time been shown u statement of the 
money paid out for his expenses by the said J. R. Hart, and that he has reason- 
able cause to suspect that he was never paid in accordance with the sum right- 
fully due him for services as a witness. 

Iron (his thumb mark) Necklace. 

Subscribed and sworn to before me this 4th day of December, 1913. 

F. P. Sherburne. 
Notary Public in and fur the State of Montana. 

County of Teton. 
My commission expires October 25, 1915. 



636 BLACKFEET INDIAN RESERVATION. 

Lot No. 14. 
State of Montana. 

County of Teton, ss: 

Iron Necklace, of Browning. Mont., being first duly sworn according to law, 
deposes and says: That he is a resident of the Blaclcfeet Indian Reservation 
and a member of the Blaclvfeet Indian Tribe; that he was summoned by the 
department of .iustice of the district of Montana to appear before United States 
Commissioner L. M. Van Etten at Butte, Mont., on the 25th day of July, 1913, 
as a witness in a case of the United States against one Cleve West; that he 
appeared in accordance with the summons and on the day mentioned in the 
subpoena. July 25. 1913. Affiant further says: That sometime after his ap- 
pearance in Butte as a witness he inquired of Supt. A. E. McFatridge as to 
why he. the affiant, had not received any fees for his services as a witness; 
that he asked Supt. McFatridge to look into the matter; that during the time 
from July 25 to November 1 he repeatedly inquired of Supt. McFatridge and 

• Hart in regard to the money which was due him ; that after his failure 

to receive any assistance from the aforesaid parties in the way of making 
inquiry as to why he had not received his money, the affiant explained the 
facts in the matter to two of his tribesmen, R. J. Hamilton and P. H. Kennerly, 
and asked them to endeavor to locate the money for him; that through the 
efforts of the aforesaid parties it was learned that a check for $29.10 had been 
mailed to the affiant to Valier. Mont.; that the affiant then authorized the 
aforesaid R. J. Hamilton and P. H. Kennerly to cause the letter containing the 
check to be forwarded to Browning; that in the meantime, evidently being 
informed that the affiant was causing the matter to be investigated, the said 
A. E. McFatridge then appeared to be very much interested, and upon his 
information that the check had been mailed to Valier he left instructions, 
according to the clerk in the post office, that upon the receipt of the letter it 
be sent to him ; that the letter was received at the post office at Browning on or 
about the 2d day of December, 1913, that the letter was delivered to the said 
A. E. McFatridge in accordance with his instructions, but without any author- 
ity of whatsoever nature or kind from this affiant; that the said A. E. McFa- 
tridge thus intercepted his letter. 

Affiant further says that I, T. Whistler, post master at Browning, did, with- 
out the iiermission. consent, or authority of this affiant, deliver the said letter 
to the said A. E. McFatridge by placing, according to the clerk in the post office, 
the letter in the box of the said A. E. McFatridge; that on the following day, 
December 3. 1913, this affiant went to the office of the said A. E. McFatridge 
for the purpose of inquiring as to whether or not the letter had been taken by 
him; that he found the letter in the possession of the said A. E. :McFatridge; 
that the letter was opened by the said A. E. McFatridge without the permission 
of the affiant; that the check was not turned over to this affiant, noi the en- 
closure, if any, both of which were withheld by the said A. E. McFatridge; 
that the said A. E. McFatridge then handed thi's affiant the sum of $13.90, in 
currency; the affiant further says that he has never at any time been handed 
a statement of the amount that was due him for his services as a witness, nor 
for deductions made for money paid out by the agency clerk, Jerome Hart, for 
the affiant's transportation and expenses incurred at the time of his trip to 
Butte. 

Iron (his thumb mark) Necklace. 

Subscribed and sworn to before me this 4th day of December, A. D. 1913. 
[seal.] F. p. Sherburne, 

Notary Public in and for the State of Montana, 

County of Teton. 
My commission expires October 25, 1915. 



Department of the Interior, 
United States Indian Service, 
Browning, Mont., Nor ember 15, 1913. 
Hon. J. T. Robinson, 

Chairman Joint Commission to Investigate Indian Affairs. 
Sir : In addition to certain inclosures which I forwarded to you some time 
ago, I am submitting herewith certain papers which disclose the abuses which 
exist at the Cut Bank Boarding School and which are tolerated by our super- 
intendent, A. E. McFatridge, without any investigation by him even when 
he is asked to investigate such conditions. 



BLACKFEET INDIAN RESERVATION, 637 

This particular matter was submitted to the Indian Office for invest ijiat Ion 
last spring, but no action was ever taken in same. 

It is because of this reason that I am submitting them to your conunission 
for such investigation as the circumstances warrant. 
Eespectfully, 

RoBT. J. IIamh.ton. 



Blackfeet Boarding School, 
Brotoning, Mont., February 12, 1913. 
Mr. A. A. McFatridge, 

Superintendent and Special Disbursing Agent, Browning, Mont. 

Dear Sir: I wish to call your attention to a matter that happened here be- 
tween one of the employees and one of the school children in the dining room 
yesterday evening. I have carefully inquired into all the circumstances, both 
of the children concerned and the employee, and find the following to be about 
the way the thing happened: The children were clearing off the tables after 
supper' One girl, Ella McNight. had not eaten her sauce, as there was not 
enough bread at their table when they were at supper. She took a piece of 
bread that was left on another table and was eating it with her sauce. Miss 
Powless, who was in the kitchen, told the children who were working in the 
room to hurry with the work and stop eating, and then passed on into the 
kitchen. When she came b;ick she saw Ella eating and went up to her and 
struck heT- on the face and nose, making her nose bleed so that one of the 
larger girls took Ella from the room to the washroom and stopped the blood, 
after which they came back and resumed their work. 

Nancy came to Miss Powless and asked her what she struck her sister for 
and Miss Powless told her that she did not have to tell her, but that she would 
slap her too if she needed it or any or all of the other children. Miss Pow- 
less sent Nancy to wipe dishes as punishment for the question, and after that 
told her to mop the floor. Nancy told her that the doctor had forbidden her 
to mop or do any hard work on account of her poor health and that the matron 
had not required her to do hard work. Miss Powless replied that if the matron 
and the doctor knew so much they ought to send her home. This is the sub- 
stance of the affair and you can readily see that such treatment and remarks 
have a bad effect on these children as well as leaving the employee open to 
grave censure. I have had a talk with Miss Powless and advised her to lay 
aside these corporal punishments and threats to the children, that every em- 
ployee should govern the childern by their i>ersonality and by better methods 
than that, but she seems to think that since corporal punishment used to be 
indulged in that it is still the proper thing and that she will continue to use 
it when she chooses. 

I call this to your attention that should the parents or others come to you 
about the matter yon may know the circumstances and how to reply to any 
charge made. 

Other breaches of discipline on the part of employees are the following, which 
tc-nd to demoralize the tone of this school, whose welfare, as superintendent, I 
know you have at heart. Instead of reporting any trouble or inability to prop- 
erly manage the children who may be under the detailed care of Miss Harbour 
to me, as principal, or to the matron, she tells them that she will report them 
to Mr. McFatridge, and he will come down and straighten them all out; this 
also is a favorite retort of Miss Powless to the children, too. They are re- 
peatedly telling the children that they know of a change that will be made here 
before long, thus inferring to them that they have a very intimate knowledge 
of affairs contemplated by the superintendent. This is not only bad for the 
children, but also makes light of official business i>ertaining to this school and 
your office as superintendent, which I know you do not wish to be talked about 
in such a manner. 

Whether Miss Bonin is in the habit of carrying notes and letters for the 
pupils to outside persons without having them pass through my hands or the 
matron's I do not know, but I do know that she recently did such an act know- 
ingly, thus encouraging underhand methuds in the children and leading them to 
remark on such breaches by an employee. There is nothing at the school except 
what is open to all, but I do not wish the employees to implant such ideas and 
opinions as such acts on the part of an employee toward the pupils do impart. 

I think that a thorough business talk from you. as superintendent, would 
stop all these things I have mentioned and lead these persons to see that the 
welfare of the school is more to you than to allow such to continue and permit 



63'8 BLACKFEET INDIAN RESERVATION. 

them to infer that they have your sanetion in these matters, which I Ivnow you 
would not give. 

Permit me to say that in spite of all these acts the people here who are 
really working for and accomplishing the good of the school say that the deport- 
ment of the children and their classroom work, together with their general 
happiness, are at a much higher standard than ever before. The moral tone 
of the girls may he seen from the way they discountenance some of the former 
acts and speech of Agues and Eva Star. Formerly these girls, I am positive, were 
ring leaders among the girls, and that leadership was not for their uplift, but, 
though they are treated courteously by the others, the girls have given them to 
understand that if they wish to be chums with the others they must lay aside 
all bad talks and actions. This is a very healthy state of affairs in their lives. 
The obscene practices formerly used by the large boys with the little ones are 
done away with, and on the whole the school is headed in the right course, but 
we need all the hearty cooperation of the employees to continue the work and 
bring it up to the i)lain you suggested in your talk at the meeting of employees 
when you were among us this fall. 
Very respectfully, 

E. E. McKean, Principal. 



State of Montana, 

Connty of Teton ss: 
'Sir. E. E. McKean. being first duly sworn according to law deposes and says: 
That I am tlie principal of the Cut Rank Indian Boarding School; that Ella 
McKnight, daughter of .Joseph McKnight, is 9 years old; that she has attended 
the Cut T5ank Boarding School since the first of this school year ; that Ella 
McKnight has been throughout the year a good and faithful child; that it is 
contrary to the rules of this school for an employee not principal or matron 
to punish a child of this school; that Miss Marion Powless, an employee, and 
not matron, was in charge of the dining room on the 11th day of February, 
1913; that said Miss Powless .struck Ella McKnight in the face upon rising 
from her evening meal ; that said stroke caused nosebleed ; that Ella Mc- 
Knight was not subject to nosebleed prior to this time; that said Ella INIc- 
Knight has been subject to periodical nosebleed since this time; that I spoke 
to ISIiss Powless about striking the child and her reply was in effect that she 
would strike the children when she saw fit to do so ; that said misconduct 
(striking the child) has been reported to Supt. .McFatridge, first by my letter 
on the 12th day of February, and later verbally by myself; that siipt. McFat- 
ridge at that time gave me no satisfactory response, and has thus far in no 
way taken the matter up in so far as I know; that Mr. McKnight wishes some 
kind of guaranty of better treatment for his children in the future; that fur- 
ther than my treatment and that of my wife I am unable to promise this; 
that Mr. McKnight requested that I give him a copy of the letter I wrote to 
the superintendent relative to the treatment of his daughter; that I have given 
him the duplicate of .said letter. 

E. E. McKean. 

Subscribed and sworn to before me this 28th day of February, 1913. 
[seal.] F. p. Sherburne, 

Notary in and for connty of Teton, State of Montana. 
My commission expires October 25, 1915. 

State of Montana, 

County of Teton, ss: 
Bertha Camp, Amy Ground, and Mary Sherman, being first duly sworn ac- 
cording to law. each for her or himself and not one for the other, deposes and 
says; That I am the age noted after my signature hereto affixed; that I 
have been attending the Cut Bank Indian Boarding School since the first of 
this term ; that I was in the dining room at the time Miss Powless struck Ella 
McKnight; that I saw Miss Powless strike Ella McKnight in the face. 

Amy Ground (11). 

Bertha Camp (13). 

Mary Sherman (16). 

Subscribed and sworn to before me this 28th day of February. 1913. 
ISEAL.l F. P. Sherburne. 

Notary public in and for county of Teton, State of Montana. 

My commission expires October 25, 1915. 



BLACKFEET INDIAN KESEKVATION. 639 

State of Montana, 

Vounly of Tcioii. .s-.v; 

Joseph McKnight, beiug first duly sworn nccording to law, (le])oses and says : 
That my child, Ii:i]a Mcknight, has attended the Cnt Bank Indian boarding 
school since the first of this school year; that she has gotten along nicely up to 
the 11th day of February, 1913; that on said day it appears she was struck 
in the face by Miss Powless. one of the enii)loyees; that Mr. E. E. McKean, 
principal of the school, says that he spoke to Miss Powless about striking the 
child, which it seems is not only brutal but against the rules; that it appears 
she made an insubordinate reply ; that owing to a lack of support on the part 
of Su]it. :McF;!tridge, Mr. McKean does not feel that he cau guarantee better 
treatment of my children on behalf of this employee ; that owing to the present 
attitude of Miss Powless such treatment may occur again; that I live 40 
miles overland from the school : that I fear for the safety and comfort of 
my children if left here under these circumstances; that owing to the tender age 
of my daughters, this is their only present opportunity of schooling; that I 
have known jNIr. McKean ever since he has been here; that in my oinnion he 
is a flrst-class principal; tluit upon learning of my daughter's trouble on the 
25th instant I came to Mr. McKean ; that I asked Mr. McKean if he had re- 
ported the matter to the superintendent, and he told me he had; that he had 
written him the day after the affair took place; that to prove his statement 
he showed me a duplicate of his letter; that I asked him for this duplicate; 
that it is that duplicate which I inclose as an explanation of the matter as it 
happened ; that the other breaches of the two employees mentioned does not 
concern me at this time, but since they are in this duplicate they must accom- 
pany the matter of Miss Powless; that this is the first complaint I have ever 
made against the school; that I am not in the habit of criticizing the methods 
of the school; that my standing is good: that for the same you may refer to 
any of the mercantile establishments of the reservation, the superintendent, or 
the agency records. 

Joseph McKnight. 

Subscribed and sworn to before me this day of February, 1913. 

[seal.] F. P. Sherburne, 

'Notary public in and for the county of Teton, Mont, 

My commission exiiires October 25. 1915. 



MINUTES OF the MEETING HELD AT BLACKFEET AGENCY, BROWNING, MONT., ON 
FEBRUARY 7, 1014. 

The sui>erintendent in charge of the Blackfeet Agency called a meeting of the 
Blackfeet Tribe of Indians on the date above mentioned— after giving due 
notice to as many of the Indians as possible — for the purpose of considering and 
discussing the proposition of throwing open to settlement all the unallotted or 
suiTlns land east of the meridian between ranges 7 and S. 

Approximately 350 members of the tribe assembled in the council room, and 
the house was called to order at about 2 o'clock p. m., and Mr. William Brown 
was unanimously elected chairman for this meeting. 

The chairman then called on Supt. Arthur E. McFatridge to explain the pur- 
pose of the meeting, in which the latter responded and explained thoroughly 
and went over the proposition mentioned above. 

The act of 1907 providing for the opening to settlement the unallotted lands 
on this reservation was one of the points touched upon by the superinteu-dent : 
also the proposition of recommending to Congress, or to the delegation from 
Montana in Congress, the Commissioner of Indian Affairs, and to the Secre- 
tary of the Interior the question of throwing open to settlement of the surplus 
lands east of the meridian between ranges 7 and 8 was explained by means of 
a map which was placed in the council room for this purpose. Many opinions 
were given with regard to this proposition, the majority of them, however, 
being in favor of the question. 

After discussing this matter, for and against, it was decided unanimously 
that the proposition was a good one, and that a delegation was chosen compris- 
ing four members (all four considered good business men) to confer with a 
committee selected by the various commercial associations and the chambers 
of commerce in the towns near the reservation, and, if authorized, to visit 



640 BLACKFEET INDIAN RESERVATION. 

Washington for the pui-pose of taking this matter up in the interest of the 
tribe. The delegates chosen are James Perrine. Charles Buck, Levi Burd, and 
Malcolm Clark. 
Meeting adjourned. 

Wm. Brown, Chairman. 
Patrick Hamley, Secretary. 

I hereby certify that the above is a true and correct copy of the minutes of 
a tribal council held at the Blackfeet Agency February 7, 1914. 

Abthur E. McFatridge, Superintendent. 
(Original on file in Indian Office.) 



March G, 1914. 

At a special meeting of the Valier Commercial Club, held March 6, 1914, the 
following resolution was adopted : 

That the Valier Commercial Club fully approves and indorses the action 
taken at a council of the Blackfeet Tribe of Indians at Browning, Mont., Febru- 
ary 7, 1914, in regard to the opening of the eastern portion of the reservation; 
more properly to open to settlement all the unallotted lands east of the meridian 
between ranges 7 and 8. 

That the opening of the entire reservation at this time would prove a serious 
mistake, as it would deprive the Blackfeet Indian of his grazing range, which 
means depriving him of his principal means of earning a living, as the Black 
feet is a natural live-stock raiser and not a farmer. 

That the territory west of the meridian between ranges 7 and 8 is especially 
adapted to stock raising and not to agricultural purposes. 

That the opening of that portion of the reservation east of the meridian be- 
tween ranges 7 and 8 will best further the interests of the Blackfeet, and will 
give to the homeseeker that portion of the reservation which can be success- 
fully farmed, and would include the irrigated lands. 

That the wishes of the Blackfeet, as expressed at the Browning council, re- 
ceive full consideration, to which we lend our earnest endeavor and support. 

Thnt a copy of this resolution be mailed to Senators Thomas C. Walsh and 
Henry Tv. Myers and Congressmen John M. Evans and Thomas Stout. 

Valier Commercial Clxjb, 
C. H. Kester, President. 
R. H. Sauer, Secretary. 

(Original on file in Indian Office.) 



Conrad, Mont.. March 7, IdL'i. 
Hon. Franklin K. Lane, 

Secretary Department of the Interior, Washinpton. D. G. 

Dear Sir: At a special meeting of the members of the Conrad Commercial 
Club called for the purpose of considering the question of recommending to 
you the opening to settlement of the lands now within the Blackfeet Indian 
Reserv.'ition, Teton County. Mont., it was unanimously decided by the members 
of this organization to recommend, in the strongest manner possible, the opening 
of all of that portion of the reservation east of the range line between town- 
ships 7 and 8 west, MM. 

In view of the fact that your department is lending its assistance in the en- 
couragement of stock raising by the Indians, we feel that their material re- 
quirements for success along this line depends upon ample provision for free 
range for their bands of sheep and herds of cattle and horses over areas where 
there is abundance of water. 

The opening of this portion of the reservation will not retard the Indians' 
material progress, and we believe it will be the most satisfactory arrangement 
that could be made at this time, for the people are anxious to settle on these 
lands; and nt a not distant future time, when the Indians b;ive made sufficient 
progress nlong agricultural linos to produce and grow cultivated feed to enable 
them to get along without the free range, it will at that time be a more feasible 
plan to o]ien up the entire reservation. 

That iwrtion of the i-eservation east of the range line between townships 7 
and 8 west, MM., can be opened up for settlement without materially affect- 
ing the Interests of the Indians located within the reservation, but, on the 



BLACKFEET INDIAN RESERVATION. 641 

contrary, will be a great benefit to tlioni, and therefore in coniijliance with the 
wishes of the Indians there located, through their representatives, we urge the 
opening of this portion of the I'eservation. Rest)ectfnlly submitted. 
Very truly, yours, 

TiiK Conrad Commercial Club, 
E. II. Alquist, President. 
Jamks A. jNIurty, ficrrctnry. 
(Original on file in Indian Oflice. ) 



Great Falls (yOMMKKCL\L Club, 
Great Falls, Mont., March 5, 191!,. 
Hon. Franklin K. Lane, 

Secretary, Department of the Interior, Washington, D. C. 

Dear Sir: There was a special meeting of members of this association called 
this forenoon for the purpose of considering the opening to settlement of lands 
now within the Blackfeet Indian Reservation, Teton County, Mont., and after 
full consideration it was declared the sense of the meeting — 

That as the department is lending its offices to the encouragement of stock 
raising by the Indians, the material necessity to their success will be the pro- 
vision of ample free range for their communal flocks and herds and over areas 
where there is abundant water. 

That if all of the reservation other than the allotments made to the resident 
Indians is thrown open to homestead settlement the grazing provision for the 
latter will be inadequate, and will be pronouncedly so, at least until such time 
as the Indians have progressed agriculturally in sufficient degree to abundantly 
and constantly produce cultivated fodder. 

That the best interests of the Indians being paramount, in consideration of 
the facts cited the retention within the reservation of all the lands now em- 
braced within its borders, except all of ranges 6 and 7 west within the north and 
south boundary lines of the reserve, is recommended and strongly urged. 
A^'ery truly, yours, 



L. Newman, Vice President. 
Oliver M. Holmes, Secretary. 



(Original on file in Indian Office.) 



Cut Bank Commercial Bank, 
Cut Bank, Mont., March I,, 19J.',. 
James Ferrine, 

Browning, Mont. 
Dear Sib: I herewith send you a copy of resolution adopted by this club on 
Februay 9, 1914, regarding the opening of the Blackfeet Reservation. 

At said meeting it was the sense of the club that a copy of said resolution 
be transmitted to each of our delegation at Washington. D. C. 

If there is anything further we can do for you along this line, we will be 
pleased to give you all the help we can. 
Yours, truly. 

A. J. Whitehead, Secretary. 

(Original on file in Indian Office.) 



Cut Bank, ]\Iont., Fehrmtry 0. 19]',. 
To Blackfeet Committee, Browning, Mont.: 

The Cut Bank Commercial Club desires to go on record as being heartily 
in sympathy and accord with the action tfken at a council of the Blackfeet 
Tribe of Indians at Browning. Mont.. February 7, 1914. in regard to the opening 
of the eastern portion of the reservation, more properly, to open to settlement 
all the unallotted lands east of the meridian between ranges 7 and 8. 

This r.nnge line is almost a natural line of deinarcntion between tho agricul- 
tural and stock raising zones of the reservation. East of this line lie the level 
bench lands to be watered bv the Government irrigation projects and pioneer 
residents of the reservation declare that frosts in the growing season occur less 
frequently over this area than that which lies closer to the Rockies. 



642 BLACKFEET INDIAN RESERVATION. 

Froui the line of range 8 to the foothills of the Rockies is the natural grazing 
grounds of the reservation. This club concurs in the conviction of the leading 
residents of the Blackfeet Reservation, that the full blood and mixed blood 
Indians are by training and antecedents better fitted for the vocation of stock 
culture than that of grain farming. It does believe that it would not be a 
wise or just policy to open the entire reservation at this time and thus molest 
and in many instances destroy the best means whereby these people earn a live- 
hood. It believes that if the reservation is opened after the plan outlined by 
the Browning Council it will foster a feeling of amity and good will between 
the people upon the reservation, who desire that the vocation of stock raising 
be safeguarded and preserved, and those j^eople contiguous to the reservation 
who desire that the lines of least resistance be followed ; in other words, that 
nothing of a revolutionary or destructive nature be done by the act of opening 
this fine dominion to settlement and development. 

We believe that those who urge that the entire reservation be opened at this 
time, regardless of the future welfare of those who occupy it at present and 
those who would come, impelled by the lure of free homes and file upon the 
open lands, regardless of their character or fitness for agricultural ])ursuits. are 
not doing so in a spirit of calm judgment and disinterestedness. We submit that 
it will in a greater degree conserve the general welfare of all if those who 
come from the agricultural centers of the East and fartlier West in search 
of homes on the reservation are permitted to acquire the portion best fitted for 
farming pursuits, with the additional privilege of leasing the allotted tracts 
under the irrigation poject for bay and grain cultui-e. In this way their perma- 
nent success will be fairly assured and those to whom the Government has 
allotted the land will reap adequate returns, while at the same time they can 
ply their natural vocation in the unopened area — that of stock raising. 

We believe that these are the salient points in urging that the Blackfeet 
Reservation be opened without delay, after the plan submitted by the Browning 
Council, a copy of the same no doubt being in your possession, and we pledge 
you our earnest cooperation in bringing the matter to a speedy and successful 
issue. 

Respectfully submitted. 

A. J. Whitehead, Secretary. 

(Original on file in Indian Office.) 



Washington, D. C, March 6, 19l.'f. 
Senator Joe T. Robinson, 

Chairman Joint Commission to Iiicestigate Indian Affairs, 

Washington, D. C. 

My Dear Senator: The Blackfeet Tribe have often complained about the 
Two Medicine Dam built by the Reclamation Service upon the Blackfeet Reser- 
vation, and I wish to call the attention of your commission to some of the 
phases of that project and things connected with it. 

The Two Medicine Lake is situated in the western part of the reservation, 
and it is about f) miles long. Both sides of the lake are lined with timber of 
various kinds and sizes. There are white pine, spruce, fir, tamarack, elm, 
and lodge-pole i)ine. In size from 6 inches to 3 feet in diameter. It is the 
kind of saw timber used in the country thereabouts and some of the best 
timber in the country. 

A half a mile below the lake the Reclamation Service has built a dam about 
50 feet high. It is supposed to raise the water in the lake 27 feet. That 
will drown the timber, and it will thereby become a complete loss to the 
Blackfeet Indians. The Indians have sought through the superintendent in 
charge, Arthur E. McFa fridge, to have a sawmill built, or hired for cash or 
upon shares of the lumber sawed, to save the timber and to supply the needs 
of the Indians. Every effort that the Indians have made, every recommenda- 
tion made, and everything done to make use of the timber has met with op- 
position and resistance from the superintendent in charge. 

The severe cold of the winters require shelter for man and beast, and most 
of the tribe could be supplied from this source if the timber could be utilized. 

Four Blackfeet Indians, George Cook and David Labreeche, Phil and Medow 
Labreeche, got permission from the superintendent in charge to sell their 
stock, which they did, to obtain money with which to build a sawmill. 
The mill was built upon the allotment of George Cook, and some timber sawed. 
Many Indians cut logs and floated them to the mill where they were sawed 



BLACKFEET IXDIAX RESERVATION, 643 

Oil shares, each party laking one half the lumber. Quite a number of Indians 
built houses and barns from the lumber sawed at this mill. 

My understanding is. and it is the impression general among the Indians, 
that the superintendent in charge stopped the mill operations because of some 
ill feeling he had against the mill owners. Just at the time when the Indians 
could have been most helped by the mill, and the timber from the, to be, 
flooded district could be used, the superintendent required the mill to cease 
operation. 

The closing of the dam will entirely flood the mill and timber tfi a depth of 
27 feet or thereabouts. This lake and all the timber around it is on the 
Blackfeet Reservation. The Indian men who sold their stock to build the 
mill, and who did so under the direction, with the consent and apjiroval of. if 
not under the supervision of the Indian OfHce, have lost about all they have. 
The loss in the whole transaction being on the Indians. 

I wish to charge that in the loss to the Indians who built the mill, and the 
losses of the timber that the Blackfeet Tribe will sustain by flooding is charge- 
able to the action of x\rthur E. McFatridge. I believe him competent, but that 
he is a man of strong temper, self-willed, and determined at all times that 
everything be done his way or not at all. Every Indian, his rights, and every- 
thing that he wants to do must be subservient to the wish of Mr. McFatridge. 

I am informed that he was dismissed from the service for some wrong while 
in charge of the Umatilla Agency, and that charges made against him were 
found to be true by Supervisor Baker who investigated him at our agency. 

He seems to be interested in helping some individual, a white man or a mixed- 
blood Indian. Some man of means who needs it less than the full blood and 
who can recompense him in some way. The use of any money or tribal prop- 
erty is given first to the white man or the mixed-blood Indian. The real needy 
Indian is not the object of his effort or interest. 

Supt. McFatridge's wife and son have been about the office— the agency office — 
a great deal; and their manner, conduct, and treatment of the Indians is arbi- 
trary, rude, and disagreeable. Mrs. McFatridge is reputed to have destroyed 
many of the agency records, some of them involving the rights of Indians and 
their allotments. I have had agency employees tell me of her acts, and I am also 
told that it is known to the Indian Office here in Washington. 

The best clerk the Blackfeet Tribe ever had, Thomas Hawksmith. left the 
service because he would not be a party to the acts of McFatridge and his wife. 

These things are recited because they are a harm and injury to the Blackfeet 
Indians and will continue as long as Arthur E. McFatridge is in charge of the 
Blackfeet Agency. 

Very respectfully submitted. 

RoBT. J. Hamilton, 
BlacTcfeet Delegate, 



BLACKFEET PROVISION. 

That SO much of the act of Congress of March 1, 1907 (Stats. L.. vol. 34, p. 
1035), as relates to the land-and-water rights of the Blackfeet Indians of Mon- 
tana, the classification and allotment of their lands, and disposals and opening 
of their lands to settlement is hereby repealed : Provided, That any selection of 
land for allotment made by any Indian in good faith shall not be disturbed 
without his consent or his heirs; that the same shall remain inalienable untO 
further action by Congress: Provided further, That those who have been 
allotted lands undesirable to them, or of no value to them because of glacial 
deposits, location, or otherwise, may exchange them for other lands; but they 
shall be limited to 280 acres of grazing and agricultural lands and 40 acres of 
irrigated lands as heretofore classified; that the Secretary of the Interior is 
hereby authorized to allot any persons entitled to allotment who were omitted 
from the last allotment rolls, and the tribe is hereby authorized to contest any 
allotment made without proper authority or procured by fraud. 



Washington, D. C. March 28, WIJ/. 
The Commissioner of Indian Affairs, 

Washington, D. C. 
My Dear Commissioner: It is admitted by all the Blackfeet Indian dele- 
gates before the Senate Indian Committee and the Joint Commission of Con- 

35G01— PT 6—14 G 



644 BLACKFEET INDIAX RESERVATION. 

Ijress to Investigate Indian AiTairs that all the full-blood Indians of the Blaok- 
feet Tribe are destitute. 

It is also admitted that it is best for their welfare that the reservation re- 
main intact, and that they be given a start in stock raising, and assisted in an 
attempt to cultivate the irrigated lands allotted to them. 

The issue at this time is to open the reservation, or a part of it, against the 
wish of the Indians and their welfare. I maintain that no part should be sold 
at present. That the present or existing law under which opening is sought 
is unfair to the Indian, that it was passed without their consent, and their 
consent not asked or sought in respect thereto. 

That the opening of all or a part of the surplus lauds of the reservation is 
sought by the towns of Cut Bank, Valier, Conrad. Kalispell, White Fish, and 
Great Falls. Also the Great Northern Railway and .settlers who wish to ac- 
quire reservation lands. 

It is proposed to open the eastern part of the reservation. This contains the 
only possible agricultural lands of the Blackfeet Indians. 

The Blackfeet Reservation lies upon the eastern slope of the Rocky Moun- 
tains, the western boundary of the reservation being the ridge of the Rocky 
Mountain Range. The high altitude has a frost every month in the year. The 
lowest lands of the Blackfeet Reservation are those within the lands proposed 
to be opened. If any of the lands are agricultui'al lands, or irrigable lands 
fit for agriculture, they are within the tract proposed to be opened. So are 
the irrigable land allotments of 40 acres each to the Indians. If an effort is 
to be made to teach and establish the Blackfeet Indians or some of them upon 
irrigated agricultural lands, it should be done before the white people can come 
in and contest over the use of water during the kindergarten period of this 
work. 

Under the existing law the water will be lost. 

Under existing law the Government does not guarantee sale or other protec- 
tion to the Indians. 

Under existing law the settlers will, if the reservation is opened, acquire the 
lands for much less than their value. 

Under existing law the irrigated lands will be paid for by the Indians, with- 
out the certainty that the settlers will pay any part of the cost of irrigation. 

Under existing law the sales of the land will not bring any valuable return 
or increased price for coal and other minerals contained under the surface 
sold. 

That an opening of the lands under existing law will prevent the retention 
of sufficient range to make the Indians a cattle-raising people, and take from 
them protection necessary for their development. 

The eastern part of the reservation proposed to be opened by the towns and 
railroad company is known to contain prospects of valuable coal deposits, 
while other parts have evidences of oil and magnetic iron ore. 

The timberlands amount to about 44,000 acres; of this area some 7,000 
acres are within the basin of storage waters established by the Two Medicine 
Lake Dam. This dam will raise the waters of the lake about 30 feet and 
destroy about 7,000 acres of timber. Before the gates of the dam are closed 
the timber should be cut and sawed for the use and benefit, as far as possible, 
of the Indians of the reservation. It could be done by permitting them to cut 
and haul the logs to mill and give to the mill one-half for the sawing. 

Shelter can be provided from the timber on the reservation that can not be 
acquired by the Indians In any other way. The shelter is necessary for both 
the people and the stock. 

The safety for the Blackfeet Indians Is the repeal of the present law and 
the enactment of such other legislation at a later time as may be necesssary. 
A repeal at once would enable the office to take such steps as would be best 
for the Indians. The following is submitted : 

"That so much of the act of Congress of March 1, 1907 (vol. 34, Stats. L., 
1035), as relates to the land and water rights of the Blackfeet Indians of 
Montana, the classification and allotment of their lands, and the disposal and 
opening the same to settlement is hereby repealed : Provided, That any selection 
of land for allotment made in good faith by any Indian shall not be disturbed 
without his consent. That the same shall remain inalienable until further ac- 
tion by Congress: Provided further, That those who have been allotted lands 
undesirable to them, or of no value to them because of glacial deposits, location, 
or otherwise may exchange them for other lands, but they shall be limited 
to 380 acres for grazing and agricultural lands and 40 acres of irrigated land as 



iiL.\( KIKKI INDIAN IJKSKIIVATK )N . 645 

lieroiDloro el.issiliod. Tluit llie Secretary of the Interior Is authorized to allot 
any persons who were omitted from the last allotment rolls, and the right is 
hereby given to the tribe to contest any allotments made without proper au- 
thority or procured by fraud." 

The foregoing will its believed relieve the Indians of tlie dangers of the 
existing law, and give to the Indian Oflice every opportunity to plan and 
execute reforms for the Indians. 

George B. Mcliaughlin, United States Indian Agent, on September 20, 1897, 
wrote to the Commissioner of Indian Affairs, saying: 

" In order to make these people self-supporting, particular attention must b« 
paid to the cattle, and next in importance to their existence is the hay and 
grain; but it is only when they locate at a distance of some 25 miles eastward 
from tlie mountains that they can have any assurance of anything in the form 
of crop other than native grases." 

This limitation brings the Indian to the very eastern part of the reservation, 
and shows the necessity of retaining the only lands that will yield any additionl 
hay crop for care of stock during the winter. The same agent made the fol- 
lowing statement, a part of the same letter: 

"Although they will not have the sheds which they really need, the great 
amount of hay put up and the precautions taken by the Indians will insure 
against any nreceptible loss by storms and blizzards this winter." 

These Indians have cared for cattle successfully, and at one time had suf- 
ficient to keep them had they been properly directed. 

I ask that the foregoing repeal or some similar provisions be recommended by 
the Indian Office to the Senate Committee on Indian Affairs. 
Very respectfully, 

RoBT. J. Hamilton, Delegate. 



Washington, D. C, March 1.',, 191.',. 
Hon. Joe T. Robinson, 

Chairman Joint Coiniiii-'ision to Investigate Indian Affair.^, 

Washington, D. C. 
Dear Sik : In the matter of the investigation of the affairs of the Blackfeet 
Tribe of Montana, the record of which, so far made before your committee, 
consists of my authority to represent the tribe, and documents in support of the 
charges I have filed, I "desire to call your notice to. the fact that there now is 
in this city three members of our tribe who are educated Indians to the extent 
that they require no interpreter, and who are of the favored class enjoying 
privileges not enjoyed by other members of the tribe. 

The ^tribesmen referred to are James A. Perrine. Charles W. Bnck, and 
Malcolm Clark, and they are stopping at the National Hotel. If these men were 
called at this stage of the record in our case, I am certain that it would greatly 
facilitate getting the matters complained of and a better understanding of our 
status before the joint commission. Notwithstanding that they are opposed to 
me, I feel that their testimony would be valuable, and I therefore most earnestly 
ask that you call them before the joint commission that they may be fully inter- 
rogated. 

Very respectfully, 

RoBT. J. Hamilton. 



Browning, Mont., March 23, Idl). 
Mr. R. J. Hamilton, 

Washington, D. C. 
Kind Friend: This is a general letter of the leading councilmen of the 
Blackfeet Trilie. how thev feel in regard to the report you sent me to-day. 
Cream Antelope here claims that they did not send that delegation of Mclat- 
ridge's to Washington, and there is not one Blackfeet Indian here that ap- 
pointed said delegation to go. The reason I am writing to you now is because 
you were the only one that was appointed to go as a delegate. That petition 
of that delegation was no good beeau.se there was not a full-blood Indian 
signed it It was composed of breeds and white men. It was their own tault. 
He tried to stop them from going down there, but they went down on then- 
own hook. They are awful liars. They did not have no 95 per cent to rep- 
resent. The petition we sent was gotten up by full-blood Indians, and that 



646 BLACKFEET INDIAN EESERVATION. 

one we seut was a true petition, and we depend upon your frii-nds to help you 
on this Mr. Serven and Joyce. This is Mr. Wolf Plume. He says to tell them 
lawyers to help us out on this; that we are all poor, and we have heeu fight- 
ing hard to have theiu to continue their work, and they must help us and not 
pay any attention to that delegation of McFatridge's. They are only liars, 
and that you are the only one that was appointed by the tribe to go to Wash- 
ington as a delegate. Your friends are working hard on this end to help you, 
and you must get in and do your best at that end. 

This Mr. Black Weasel says to have them attorneys to help us out all they 
can with matters. That first council we had before you left there weren't 
an Indian that picked out one of that delegation of McFatridge's to go to 
Washington. The last council they were thrown out by the tribeand they got 
beat and they haven't had any council since and one of their delegates with- 
drew. Now, my friends, you want to do all you can at that end and stand 
pat and we will do the same at this end. We all poor— all of us Indians— 
and we don't want to .sell any land, and that delegation of McFatridge's are 
awfully liars. They did not have no 95 per cent to support. You know that 
there is nobody making any trouble — only McFatridge and his delegation, 
and the trouble arose from selecting new attorneys, and we do not want any 
new attorneys. We are satisfied with the attorneys we have now at work on 
the claim. 

And you are the only delegate that was sent by the tribe. 

This is Mr. Curly Bear : Please have them attorneys, Mr. Serven and Joyce, 
to help us out all they can. We have been fighting hard to have them to con- 
tinue their work for us on the claim against the Government. There is not 
one Indian that picked on that delegation of McFatridge's to go to Washington. 
You know before you left that there was not one Indian picked on that dele- 
gation and the last council they had it was thrown out by the tribe, and there 
haven't been any since. They got beat and one of their delegates withdrew. 
They did not have any 95 per cent to support them. They are awful liars, 
and there are no Indians in favor of opening any lands. Only McFatridge's 
delegation. You know there is nobody making any trouble — only McFatridge 
and his delegation. And the trouble arose from selecting new attorneys. We 
are satisfied with the attorneys we have at work on the claim now, and you 
are the only delegate that was appointed by the tribe. The only way that' we 
can see to have things settled here now is to have the investigation committee, 
and we want Mr. Serven and Joyce or Mr. Farrel to come up here. That is 
the only way we can settle things for them. 

Please answer this letter at once — one to Curly Bear and one to Geo. Pablo— 
and if they are coming, let us know and we will all be out to meet them— to 
show them how many friends they have. Please to have that investigation 
to come up here before we all die off and they can't get to see us. You know 
how things were before you left. Things are worse. Hoping to hear from you 
soon. 

Y'ours, truly, friends. 

Curly (his thumb mark) Bear. 
V Cream (his thumb mark) Antelope. 

Black (his thumb mark) Weasel. 

Wolf (his thumb mark) Plume, 

Philip Akcowtof, Interpreter. 

Geo. Pablo. 



Washington, D. C, April 25. 19t.'i. 
Hon. Joseph T. Robinson, 

Chairman Joint Commission to Investigate Indian Affairs, 

Washington, D. C. 
Dear Sir: I herewith hand you certain letters (listed below) touching upon 
the various phases of the Blackfeet Indian situation. These letters indicate 
mismanagement in the matter of the distribution of 45 stallions to the people 
upon the Blackfeet Indian Reservation. It appears from these letters that the 
white men intermarried with the tribe, and the mixed bloods, who are wealthy 
and able to support themselves, have had all these stallions issued to them, 
and the poor, needy full-blood Indians have not received any of theiu for their 
benefit. I therefore would ask your honorable commission to inquire into the 



BLACKFEET INDIAN KESEIU'ATION, 647 

miitter and soo what can l)e done in I lie promises lo corrcft and roforni ihe 
abuses tlieroin. 

or (.(lui-so, these letters quite fully explaiu the additional disclosures and 
maladministration of Blackfeet matters under the present superintendeucy of 
Supt. Arthur E. McFatridge, and your honorable conuiiission is requested to 
recommend such remedial measures as will provide speedy relief for the 
BJackfeet Indians in the way of subsistence. 

I feel constrained to call the attention of the commission to the wrongs 
which have been practiced on the lllackfoet Indians by the present administra- 
tion at this time, and I therefore offer these documents to your conuuission 
in order that they may be made a part of tlie record thereof. 
Very respectfully, 

Rout. J. Hamilton-, 

lihicl-feet Dehgalc. 



LIST of letters PERTA 1 Nli\(; TO BLACKFEET MATTERS. 

1. Letter under date of March 4, ]'J14, from James Ilousman to R. J. Hamil- 
ton, in which he states that the people are in doubt as to who is the Indian 
agent: whether it is Joseph W. Brown or Arthur E. INIcFatridge. 

2. Letter under date of March IG, 1914, from William Croff to R. J. Hamilton, 
which has reference to intimidation of one La Mott in relation to newspaper 
called the Tomahawk, and also urging the repeal of the act of 1907. 

3. Letter under date of April 7, 1914. from Four Horns to R. J. Hamilton, 
relating to the action of Superintendent McFatridge in regard to employing 
attorneys in the claim of the Blackfeet Indians against the United .States, 
arising under acts of Congress, treaty stipulations, executive orders, etc. 

4. Letter under date of April 10, 1914, from George Starr to R. J. Hamilton, 
relating to McFatridge's reappointment and the victory of the McFatridge 
delegation who were advocating the opening of the Blackfeet Reservation. 

5."^Letter under date of April 13, 1914, from George Starr to R. J. Hamilton, 
relating to stallions, delegation matters, and an investigation. 

G. Letter under date of April 15. 1914, from James Housman to R. J. Hamil- 
ton, relating to unfair distribution of stallions, and an investigation of the 
reservation. 

7. Letter under date of April 17, 1914, from Big Spring to R. J. Hamilton, 
relating to unfair distribution of stallions. 

8. Letter under date of April 17, 1914, from Big Spring lo the Society of 
American Indians relating to unfair distribution of stallions. 



Bkowxk\(;, Moxt.. .1/'/// J, /.')/}. 
Mr. Robkkt J. IIamilto.\. 

Washington, D. C 

Dear Friend Robert: Yours of the '_'2d came to hand and in reply will .say 
in regard to writing those parties that you mentioned in your letter, I do not 
know" whether they would listen to our letters, but at any rate I will write 
to the Indian Office. Have handed your letter to several parties— that is, those 
that are on our side— and they said that they would write. Now, Robert, in 
regards of the patents, Clark and Dawson got their patents, and can not see 
why others can't get it. 

And regards of Mr. McF.ntridge and his assistant. Mr. John Brown, of cour.se, 
we do not know who is the agent, l)ut at any rate those delegation that is there 
now. are there to whitewash Mr. McFatridge, and nothing for anything else. 
He is down East getting stallions some pinhead had come here recommended 
the department to furnish bulls and stallions for the reservation. What do 
you know about that? I think if he said cows were wanted, he would be talk- 
ing. Those stallions that are going to be brought here— no one to get them but 
McFatridge's pets, and give those old ones to his enemies. 

Say. Bob. can't yon get the department to have it arranged to have this 
money divided up equallv to each individual, so there won't be so much kick 
about it— that is if any "is left? When the Government sends things out here 
they don't all get it. You know the agent's pets get it all, and the re.st has to 
wait for raiother year, and then the chances are whether they get it. 



648 BLACKFEET INDIAN EESERVATION. 

Find out if this man lioberts (his family) got on the rolls In Washington. 
McFatridge gave them an allotment near the boundary line. And, further- 
more, we must file a protest against those outsiders running iu here and taking 
work from the people here. You know that McFatridge i)rotects the Great 
Northern, the Reclamation Service, and outsiders, and the ]ieople here get no 
justice from any side. I hope that there will be something done in the future. 
This reservation is not investigated. It looks like we wanted to ])e paupers 
entirely, and, therefore, we would like for something to be done soon. It looks 
like, by tlie time they get around, everyone, or the majority, will be dead. Why 
can't you show our letters at that end that you get from us at this end? If 
they want to listen to them they would listen to them as much as if we would 
be writing to them, I would think. . 

This is all for the present. My kind regards, and hope you will come out 
on the top. 

Respectfully, yours, 

James Housman. 

P. S. — Have i)rotest against whites hunting and fishing on the reservation. 
They don't allow us to hunt or fish outside, and I think we can do the same 
thing. That was brought up before McFatridge. and he don't seem to want to 
look into it and see about it. 



Family, Mont., April 7. 19 1.'/. 
Mr. Robert J. Hamilton. 

WasMngton, D. C. 

Dear Sir: I take pleasure in writing you a few lines to let you know that 
I was at the last meeting McFatridge called to hire new attorneys. Mr. Chief 
was the first to speak as usual. Of course, he spoke in favor of hiring new 
attorneys. He charged that one of our old attorneys called " Jack " was not 
a fit man to look after our affairs. At that I was on my feet in an instant, and 
I lead the fight by protesting against any new men to look after our big claim, 
and the present attorneys were good enough for me. Kennerly got up and 
named a delegation and asked the audience if these delegates were good enough 
to represent us in Washington. I objected. I told him that the delegation he 
named would not do any better than he did when he was chosen, a little over 
a year ago, to represent us in Washington. I told him that he was crooked; 
that he had done nothing for his people when he was in Washington. I told 
him that he was false, and he got up and asked the people to sign papers for 
the new delegation. I objected again. I told the people not to sign for the 
new delegates. He tried hard to get me to change and sign for the" new dele- 
gation, but I stood firm on what I said. I told him in the presence of the 
houseful that Robert Plamilton was my delegate and he is good enough for me. 
This is about what I did at that meeting, so continue to do all you can for 
your people and we will stand by you till Jack Frost kills us all. Us people 
on south side are waiting patiently for you. We know that you are trying 
hard to win something for your people. 

Now, we hear so much about cattle issue. Is there any prospects of getting 
any cattle? This will be all. Give my best regards to Bear Head and who- 
ever this our friend Jack is. and tell them to work hard for us poor Indians. 
They will be our attorneys in our claim as long as the claims last. Let my 
friends see this. JNIy best regards to yourself. Let me hear from you soon. 
From your friend. 

Four Horns. 



Browning, Mont., Aiml 10. 19 1. 'i. 

My Dear Nephew : Your telegram received this morning at 9.30, and. con- 
cerning your family, I was over there this morning, and they are all well 
with this exception of little Joe, who is ailing, but nothing serious. The doctor 
said he had a touch of bronchitis and a little fever, but he is able to be up 
and around as usual. I would have telegraphed you. but it would have put us 
to quite an expense, and as there is nothing serious the matter I thought I 
would write. Mrs. Hamilton said if she had the money she would take him 
to some other doctor. 

I wrote you two letters, one on the 31st of March and another on the 1st 
of April. Did you receive them? I thought probably you hadn't, as I have 



BLACKFEET INDIAN EESERVATION. 649 

received no repl5' to either one. The people are getting very anxious to bear 
some word from yon one way or the other. We ax'e in between two fires. 
McFatridge's delegation are sending telegrams and letters most every day, 
and rumor has it that they have j'ou laid by the wayside and we are whipped; 
all their letters are contradictory to what you have written to us. 

I am glad they think enough of me to mention me in their letters. They 
stated in one of their letters that we were whipped and for me to go back 
to my ranch and get to work. If they are working in conjunction with you, 
they 'ought to be men enough to keep their business to themselves and not be 
stirring up matters as they are at present. 

Do you know when we are going to have a new agent, or has this man 
(McFatridge) been reappointed, as has been reported? We would like to hear 
on that subject. 

We would like to know when you are coming home, as the people here 
(your friends) would like to have a good turnout to meet you. This is about 
all for this time. Hoping to hear from you soon, with best wishes from all. I 
remain, 

Your affectionate uncle, Geo. Starr. 



Browning. Mont., April IS, lOL'i. 

My Dear Nephew : Your welcome letter of the 10th instant was received 
this morning, and we are all glad to hear from you. I wrote to you on the 10th, 
after I had received your telegram, asking about your family. I was over to 
see them again to-day, and they are all well. There are none of them sick. 
I would ask you to write more often to your wife, as she would feel better If 
she heard more often from you. I showed her your letter this morning. 

You stated in your letter that Senator Lane, of Oregon, would come here 
to investigate affairs of this reservation. That is just what the Indians want. 
He can't come any too soon to suit us. I am very anxious to hear whether Mc- 
Fatridge is going to stay; or are they going to remove him? 

You remember I asked you about those stallions that McFatridge went East 
after. They arrived yesterday — 28 head — and I understand he paid $14,500 for 
them. We would like to know what he paid for them all : that is, just half of 
the horses here. We would like to know what he is going to do with 45 head 
of stallions here and no horses. There are some of them that I would hate to 
give $100 for. 

Now. our friends would like to know how our big land claim is progressing. 
We are still fighting among ourselves. The McFatridge crowd claim that they 
have the upper hand now, and they are sending us word to go back to our 
ranches and get to work, as we are whipped. And I won't leave my chair until 
McFatridge leaves his, and whenever he leaves I am ready to leave my chair 
too. We would like for yon to let us know when Senator Lane leaves Wash- 
ington for here: and are" you coming with him? We sincerely wish that yon 
could persuade Tom Sloan to come along to assist in rhe investigation. 

There is another matter in regard to those horses that I forgot to mention. 
The people here don't want those horses., We were not consulted about the 
matter whatever. They came in on a surprise. Of course there was a few 
who knew all about it. "but I am speaking about the majority. Well, this is all 
I know for the present time, and if anything else comes up I will let you know. 
With best regards from all your friends, and hoping that we win out, I remain. 
Your affectionate uncle, 

George Starr. 

Keep us posted. 

Browning. Mont., Aiyril 17, 191.). 
RoKT. J. Hamilton. 

Washington, D. C. 
My Dear Friend : Maj. McFatridge delegation are here yesterday, and the peo- 
ple of Browning celebrated their return. They got them a big supper, and the 
delegates made a speech after the lunch, and James Perrine said that the Com- 
missioner of Indian Affairs said to him that the full-blood Indians were to be 
ahead of the half-breeds. That the breeds to stay back. 



650 BLACKFEET INDIAK KESERVATIOX. 

The stallions that are issued, to all the mixed bloods and white men and none 
of the full bloods got a stallion, and I don't like it. I wish you would see the 
Commissioner of Indian Affairs if that's treating us justice. And most of those 
breeds are capable to buy a stallion and most of them now has three or four 
head of stallions, and no poor full bloods can't afford to buy a stud didn't 
get any. 

Yours, truly, 

Big Spring. 



Browning, April 15, 1911i. 
Mr. Robert J. Hamilton. 

Washington, D. C. 

Dear Friend Robert : I have the pleasure of dropping these few lines to say 
regards of those stallions that was brought here for the benefit of the people. 
We see that those horses are only for those that has got two or three and still 
they let those have them and the poor people stands no chance. 

I went to the office this morning to get one, and they refused me, and told 
them that it seems to me that those horses are for those that has already got 
two or three. 

Say, Bob, you look into this and see that you can do about this. This place 
is pretty rotten nowadays. 

It also seems to us that Joe Brown is the agent. McFatridge has nothing to 
say nowadays. 

I wish that gentleman would come soon and straighten things out and put 
this fellow out for he is no earthly good. 

He made his crack that he was appointed for four years more. And if he is 
out here, the better for the people. 

Kind regards. 

Yours, respectfully, 

James Housman. 



Browning, Mont., April 17, 191//. 
The Society of American Indians, B Building, Washington, D. G. 

Dear Friends : In your letter some time ago you stated for me to stay out of 
council here among my tribe of Indians and if anything I didn't like was truth 
for me to mention it and you'd stand good for it, and now I have something to 
say. I wish you would look into this matter. Our superintendent said I'm go- 
ing off to buy stallions and his bought a bunch of 45 head and issued. White 
men got them and half-breeds and these Indians didn't get a hoof. I have just 
wrote a letter to R. J. Hamilton. I stated in my letter for him to speak to the 
Commissioner of Indian Affairs if that's treating us justice. I wish you would 
speak to Hamilton and have him push this through. This Is the way the thing 
stands. I wish you would answer at once. 
Yours, truly, 

Big Spring. 



Browninli. Moxt.. March 7, Wl). 
Serven tS: Joyce, Attorneys, 

Care of R. J. Hamilton, Washington, D. C. 

Dear Sir : We, the undersigned, petition and desire an audience. We are 
desirous and anxious that the delegation consisting of a few influential stock- 
men from this reservation be not accepted as representatives of this tribe; 
that they represent their interest and that of a few others, but not that of the 
tribe at large. 

It is our understanding that Maj. McFatridge has been instructed by the In- 
terior Department not to send or allow to be sent a delegation representing 
this tribe at the present time to Washington, D. C He not only has failed to 
instruct this delegation not to go, but has in every way possible made it easy 
for them to go. He has made trips to the neighboring towns soliciting their 
cooperation. 

We further desire it understood that we wish Serven & Joyce and A. C. J. 
Farrel retained as our legal representatives for our claim against the United 



BLACKFEET INDIAN RESERVATION. 651 

States for lands taken from us without consideration and contrary to treaties 

with us. 

Yours, truly. 

Myles lUmniug Wolf, Chas. After Buffalo, Frank Vielle, John Ear 
Rings, Peter Grant. Wolf Plume. liichard Kondin, David Smith, 
Flint Smoker, Bird Rattler, Geo. Running Wolf, William 
Bear Medicine, Yellow Owl. Antoine Monroe. John Night Gun, 
Little Young Man, Chas. Dusty Bull, John Bear Medicine, Jim 
Fast Buffalo Horse, Dog Taking Gun, John Sanderville, Joe 
Kossuth. Jim Big Top, Tom Bear, Lazy Boy, Chas. Reevis, Steve 
Madman, Mud Head, Rides at the Door, R. Many Hides, Henry 
Marceau, Charley Weasel Head. Cream Antelope, Boss Ribs, 
Louie Champagin, Wallace Night Gun, Sheriff^ Wolf Eagle, 
Joseph P. Russell, Tom Vlele, Tail Feather. Baptist West Wolf, 
John Calf tail, Steve Heuault, New Breast, Looking for Smoke, 
Jack Big Moon, Running Fisher, Curley Bear, James Housman, 
Louis Favel, George Pablo, Henry Whitford, Black Weasel, 
James Black AVeasel, Clears Up, Dan Bull Plume, Louis Monroe, 
Frank Moni'oe, Antoine Monroe, Peter Weasel Head, C. Bull Calf, 
Baptist I>a Frombuise. Henry Heavy Gnu, West Wolf, Sam Yellow 
Wolf, Hairy Coat, Eli Rider, Reuben Blackboy, Mike Oscar, Earn- 
est Cut Finger, James Pambrun, John Hills Across, Bear Head, 
Eagle Tail Feather, Good Gun, John Black Bear, Stingj% Heavy 
Gun, Tom Little Bear, Powder Bull, James Spotted Eagle, H. W. 
Jackson, Big (his x mark) Spring, Eddie R. Crane, Yellow 
(his X mark) Kidney, Peter (his x mark) After Buffalo. 



BOARD OF INDIAN COMMISSIONERS 



HI-:AKiN(4S 

BEFORE THE 

JOINT COMMISSION OF THE 
CONGRESS OF THE UNITED STATES 

SIXTY-THIRD CONGRESS 

SECOND SESSION 

TO 

INVESTIGATE INDIAN AFFAIRS 



FEBRUARY 5, 1914 



PART 7 



Printed for the use of the Joint Commission 



0&, 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1914 



Congress of the United States. 
JOINT COMMISSION TO INVESTIGATE INDIAN AFFAIRS. 

Senators : Representatives : 

JOBT. ROBINSON, Arkansas, C;^a^r»^o»^. JOHN H. STEPHENS, Texas. 

HARRY LANE, Oregon. CHARLES D. CARTER, Oklahoma. 

CHARLES E. TOWNSEND, Michigan. CHARLES H, BURKE, South Dakota. 

R. B. Keating, Arkansas, Secretary. 

Ross Williams, Arkansas, Clerk. 



CONTENTS. 



Testimony of— Page. 

George Vaux, jr 653 

Edward E. Ayer 655 

Samuel A. Eliot 671 

William H. Ketcbam 677 

Isador B. Dockweiler 680 

III 



BOAIID OF INDIAN COMMISSIONERS. 



THURSDAY, FEBRUARY 5, 1914. 

Joint Commission to Investigai'e Indian Affairs, 

Washington, D. G. 

The commission met in its office, room 128, Senate Office Building, 
at 10 o'clock a. m. 

Present: Senators Robinson (chairman). Lane, and Townsend, and 
Representative Stephens. 

Present also: Messrs. George Vaux, jr. (chairman), William D. 
Walker, Warren K. Moorehead, Samuel A. Eliot, Frank Knox, 
Edward E. Ayer, William H. Ketcham, Isidore B. Dockweiler (mem- 
bers), and Frederick H. Abbott (secretary), of the Board of Indian 
Commissioners. 

Secretary Abbott. There are present Commissioners Eliot and 
Ketcham, who have recently made some investigations in the field, 
and you might be interested to hear from them. 

The Chairihan. I think we would be glad to hear, in advance of 
those statements, historical statements, showing the origin and au- 
thority of this commission, and in a general way the character of the 
work it performs. 

Secretary Abbott. I suggest that Chairman Vaux make that state- 
ment. 

STATEMENT OF MR. GEORGE VAUX, JR., CHAIRMAN BOARD OF 
INDIAN COMMISSIONERS, PHILADELPHIA, PA. 

Commissioner Vaux. Our board, gentlemen, was established under 
an act passed in the spring of 1869. Just after President Grant was 
inaugurated he turned his attention to Indian Affairs, as to which 
there had been considerable public scandal, and as the result of his 
desires there was authority of an act of Congress for the appoint- 
ment of a commission, to serve without pay, to be selected from men 
who it was thought would give intelligent attention to the subject 
of Indian administration, and who were to report directly to the 
President of the United States the results of any investigation and 
suggestions they might have to make looking to the improvement 
of the Indian Service. 

Following that, the duties of the board became quite extended, for 
in addition to inspection of reservations and also the methods in the 
bureau in Washington, all of the payments made by the Government 
for Indian matters could only be made after the bills had been ex- 
amined and audited bv the Board of Indian Commissioners. ■ 

653 



654 BOARD OF IXDIAiT COMMISSIONEES. 

During the period that the kw remained in that condition there 
was a very large corps of clerks employed ; I have forgotten the exact 
nmnber. It was many years, of course, before I had anything to 
do with the working of the board personally, but I think that at one 
time there were possibly as many as 120 employees of the Board of 
Indian Commissioners. In the course of time and with the improve- 
ment of these methods, and the auditing system that was adopted for 
the Indian Bureau, those functions were withdrawn from the Board 
of Indian Commissioners, as there was no longer any necessity for 
them, and the duties of the board were changed by later legislation 
so that at the present time the functions are those of examination 
and inspection and consultation with the executive authorities of the 
Indian Bureau in the Department of the Interior. These include not 
only questions that may arise as respect operations of the reservations 
themselves, but also in connection with the purchase of supplies, as 
to which the Commissioner of Indian Affairs is directed by law to 
consult with this board in detail. 

In the early times the board was exceedingly active. Dr. Felix 
Bruno was an early, if not the first, chairman of the board. He ne- 
gotiated a number of treaties and gave a very large part of his time 
to its work. More recently the board has been less active, for various 
reasons. Until about two years ago, as respects the performance of 
its functions, they were rather limited. Within the last four years 
the board has become rather active again, and has taken up the 
investigation of a number of problems arising on Indian reservations 
at first hand by actual visitation and investigation by individual 
members of the Jboard or committees of the board, in addition to coop- 
eration with the Indian Bureau in connection with the supplies that 
are being bought for that department. 

At the moment there are several matters of importance that have 
been claiming first-hand attention. Commissioner Ayer has been on 
the Menominee Reservation, in Wisconsin, and has conducted an ex- 
haustive examination into the situation of affairs there, especially 
relating to the actual results of the operation of the mill at Neopit, 
and yesterday we received from him a very exhaustive report on that 
subject, as to which he will be glad to tell you anything you may 
wish to know. 

Commissioners Eliot and Ketcham have just returned from the 
extreme Southwest. They have given considerable attention to the 
status of the remnant of the band of Fort Sill Apaches that are still 
in Oklahoma; to the conditions on the Mescalero Reservation, where 
the rest of the Fort Sill band are now located ; to the situation of the 
Pimas. and the Papagos, the Navajos, and the Pueblos. 

As to each of these tribes of Indians they have filed reports, which 
are just in process of being transmitted to the Secretary of the In- 
terior and the Commissioner of Indian Affairs. They contain 
voluminous recommendations as to the handling of the problems that 
are confronting us. very largely, we hope, in a constructive way, to 
prevent conditions coming about that will have to be remedied by 
something radical hereafter if they are not foreseen and provided 
for. 

The Chairman. Have you available a compilation of the pro- 
visions of law relating to the duties and powers of this board of 
commissioners ? 



BOARD or INDIAN COMMISSIONERS. 655 

Commissioner Vaux. I have not here in my pocket, sir. Perhaps 
Mr. Abbott has brought it. 

Secretary Abbott. I can get it here in a few minutes. 

The Chairman. I have it here. Who will be heard next? 

(Printed hereafter.) 

Commissioner Vaux. I think probably that Commissioner Ayer 
should tell you with regard to what he has seen in the Menominee 
Eeservation, in Wisconsin. 

STATEMENT OF MR. EDWARD E. AYER, CHICAGO, ILL., MEMBER 
OF THE BOARD OF INDIAN COMMISSIONERS. 

Commissioner Ayer. I w^as requested by the board, seconded by 
Commissioner jMoorehead and Secretary Lane, to make a general in- 
vestigation there. I sent a copy of my report to you, Senator. 

The Chairman. I have received it. 

Commissioner Ayer. It was a big subject. There are 250,000 acres 
of land there; there are 1,700 Indians; a sawmill, which has been an 
experiment ; the commission's schools and the Government's schools, 
an enormous proposition 

The Chairman. Will you submit a brief review of the conditions 
as you have found them there, and also your suggestions in connection 
with them? 

Commissioner Ayer. Before I went to the reservation I got from 
Commissioner Sells a voluminous letter from an attorney up in that 
country, who had made serious charges against the whole proposition. 
I was an entire stranger to the location, to the proposition; I never 
had been on the reservation and never had seen any human being who 
had been on the reservation. And I will take the opportunity of 
saying, too, that I was asked if I had any lumbering interests in Wis- 
consin. I have not handled a stick of lumber north of the Ohio 
River in 16 years. I never handled a stick from that neighborhood 
in mv life. 

I first asked Commissioner Sells to send me the strongest man that 
he had in the Forestry Service. My .exact words w^ere, " I want you 
to send me a man that can tell me about the theory of forestation. 
and all that sort of thing, and a man that you have entire reliance 
in." I also brought up from the South one of my company's old 
logging superinteiidents, and I took our secretary and treasurer, who 
had been in the business 25 years, had spent much time in the woods 
in Arkansas as a boy. and in his duties had gone over our properties 
once or twice a year", and I took my own stenographer. 

This gentleman who made those charges met me at the station. 
And. bv the wav. Commissioner Sells suggested it would be a good 
thing for me to" give him an interview, but I readily saw the condi- 
tions. He had been nearly a year Avorldng up a sentiment there 
against the propertv. practically all the information coming from 
disaffected Indians. "largely half-breeds who had worked their way 
into the tribe in modern times. 

I first went over the vard — I am entirely familiar with that part 
of the work— with all of these men. and made notes there myself. 
In the meantime I never exchanged a word with the superintendent 
in regard to conditions there. He never was present at any moment 



656 



BOARD OF INDIAN COMMISSIONERS. 



durins: my investigation or questioned pertaining to the examinatioD 
of any witness in any Avay, shape, or manner. 

The next morning I told this gentleman who had made these 
charges— first, I told him he had better take not over five Indians into 
the woods. I reconsidered that, and told him to take just as many as 
he wanted. I also sent my superintendent and the forester that Mr. 
Sells has sent me, and my secretary, who was also a practical woods- 
man, and the agent and his logging superintendent, and the Govern- 
ment logging cruiser, who is the adviser of how much lumber shall 
be cut. They all went into the woods. 

There had been charges made of tremendous waste in logging, and 
all that sort of thing, and photographs furnished. I will say that 
they have to log all the year long. They go back from their tem- 
porary railr(;ad properties 1.200 or 1.400 "feet, and that is logged in 
the summer where they can snake in with their machinery to the rail- 
road. Then, behind that, in the winter they log a mile or two away 
and draw it in with sleds in the usual way, so that if anything should 
happen— for instance, last year the snow went off 30 days earlier than 
usual, and there were some logs left in there. They' went entirely 
oyer this, practically the cut of "three years, which represents the time 
since the mill has got on its feet under this present administration. 
I also took the sworn testimony — Mr. Nicholson, after we came away, 
sent his logging superintendent and the Government logging superin- 
tendent 

Senator Townsend. ^^^lo is Mr. Nicholson ? 

Commissioner Ayer. The agent. I had them scale every log that 
was left on the whole proposition of the three-years' cut, both of my 
men and the men that Mr. Sells furnished — the exact scale of every 
one of these logs. And these men, all under oath, all agreed practi- 
cally on a certain number of logs that had been left, and it was 
103,000,000 feet of lumber cut in those three years. The lumber that 
was left there would practically make tAvo carloads of lumber. It was 
the cleanest proposition I ever came in contact with in my life. Un- 
derstand, I did not go out there myself — I am too old — but I took the 
trouble to get this kind of testimony. 

There was also the question raised that they had sorted the best 
timber and had left large amounts of inferior timber. That was true 
one year especially, from the following fact: Just after Mr. Nichol- 
son, the agent, got fairly at work there was a fire swept through 
50,000,000 feet of fine timber. The white pine was valuable, the hem- 
lock was not. Tlie hemlock at that time would barely pay for cutting. 
They made extreme efforts to save all this white pine that that fire 
had run through. In that year they cut 16,000,000 of that and the 
next year 5.000,000. The total estimate of white pine on the reserva- 
tion is 10 per cent. The next year, the year ending this season, they 
cut 3,000,000 feet, which was less than the average of the whole white 
pine on the reservation. 

Then the claim was made that the mill was absolutely losing money. 
The first building of that mill, the location of it, was a great mistake. 
That was put in charge of the Forestry Department, and they were 
impractical men: and the first two years were disastrous from trying 
to work timber that could not be worked, and there was a large loss. 
That had been thoroughly investigated by the Senate committee of 



BOARD OF INDIAX COMMISSIONERS. 657 

about that time, and this chano-e was made in accordance with tliat, 
so my investigation only i)ei-lained to the present occupation. 

The stumpaofe credited to this mill in operation was the stumpage 
made up in the office liere. and that was the stumpa^je tiiat had been 
credited to all of this 105,000,000 cut. Under that stuinpao-e the mill 
the first year made, net, about $60,000, and about $200,000 the second 
year, or something- like that. It is all in my report there. Senator. 
It showed a net profit, after taking out the stumpage according to 
these figures, of $245,000 in the three years that this agent had been 
there. 

As I said before, they were using that stumpage. I was not satis- 
fied with that. I did not think it was enough myself on the hemlock, 
and I went to one of our strongest lumber companies in Chicago and 
asked them if that Avas a fair stumpage. They said they did not think 
so. I said, '' Please put down opposite this what you think would be 
a fair stumpage in these times." They left the white pine whei'e it 
was and raised the others. They doubled the hemlock. 

I then had a statement made up of the exact number of each kind 
of lumber that they had cut each of the 18 years. I consolidated 
them and added the stumpage. and it came, my recollection is. to 
$o9.000 more. Subtracting that from the $215,000, or something like 
that, profit of the three years, it still left $280,000 net profit.' after 
the full count of stumpage had been added to the proposition. 

I also had a statement made up showing the interest on the capital 
stock that this money would represent for the three years. The first 
year it paid about 4| per cent, or something like that, and the second 
year about 6 per cent, and the last year about 9 per cent. 

In the meantime in those three years there had been $451,000 of 
stumpage and profit paid into the treasury, increasing the tribal 
funds to that extent. In the meantime there had been a good many 
improvements made in the mill. It was located on a tremendous 
slough, and it was a great expense there, and they were building 
habitations. By the way. they loaned money to the Indians. They 
built an Indian there a house and took it out monthly and did not 
charge him interest. They were building school houses and that sort 
of thing, and a planing mill, whicli was very necessary. Thev had 
used the balance, lacking of the stumpage count and the profit, except 
the $451,000, which shoAved an increase in the tribal funds from the 
date this man came here to date. 

I then found also the most wretched system of selling timber that 
could be conceived. This mill is in opi)csition to the local mills 
everywhere they sell their lumber. The Government rule made these 
people advertise in the papers that they had so much lumber for sale 
and ask for bids for it. If you are in the lumber busine&s you have 
a planing mill and prepare this lumber for the country yard, and 
distribute it to the smaller towns all over the country, and get what- 
ever there is in it. These people have to advertise it. and. of course, 
the lumbermen get that timber just as cheap as they can. I am sure 
it has made a difference of $2 a tliousand on every stick of timber 
sold. It has made a difference of $60,000 a year that was absolutely 
thrown into the fire by Government red tape. 

In writing to the Secretary about that I said. Xow% the country 
yards are rich people as a rule, and there is not any country yard that 



658 BOARD OF INDIAN COMMISSIONERS. 

can not get an indorsement from his bank for anything he wants. 
They put on a travelin"; man at $2,000 a year, and sell that lumber 
direct instead of by bid. and, to show the condition, the United States 
is a large user of sawed lumber 

Senator Townsend. Mr. Commissioner, I do not believe I have it 
clearly in my mind what disadvantage it is to the Indians to have 
these bids advertised. 

Commissioner Ayer. What advantage? 

Senator Toavnsend. What disadvantage. I understood you to say 
it was a disadvantage to the In,dians. 

Commissioner Ayer. Because instead of going and selling this lum- 
ber at the full price, it is distributed to the farmer and user, which 
all lumber concerns do, put up in bunches, and can only be handled 
by the speculator and the middleman, who makes $2 a thousand that 
he is not entitled to. 

The Chairman. Virtually sold at auction? 

Commissioner Ayer. Yes. 

The Chairman. Is it probable that the bidding is collusive? 

Commissioner Ayer. It can not be otherwise. Another thing. Sen- 
ator. I asked one of the principal lumber yards — all those lumber 
yards are bidding from the outside — " Will you handle this lumber 
for the mill? " and he said, "' Yes." I asked," Will you handle it at 
$1 a thousand?'' and he said, "No; I won't." That would make 
$30,000 a year under those conditions. 

Representative Stephens. When were these sales made? 

Commissioner Ayer. Just as the lumber got fit to sell. 

Representative Stephens. When was the last one? 

Commissioner Ayer. I can not tell as to that. 

Representative Stephens. From two or three years? 

Commissioner Ayer. No; they are selling every day; they are saw- 
ing all the time. 

Representative Stephens. Who made the rules bj which it is sold? 

Commissioner Ayer. The Government. 

Commissioner Vaux. It was provided for in the act of Congress 
of 1908. 

Secretary Abbott. March 28, 1908. 

Commissioner Vaux. It absolutely specifies that this method must 
be followed of asking for bids and selling to the highest bidder. 

The Chairman. In that connection, under the other system sug- 
gested by Commissioner Ayer, would it not be possible sometimes, or 
probable, that the grossest kinds of fraud could be perpetrated upon 
the Government? Suppose you have a dishonest representative who 
would collude with the buyers. My impression has been that there is 
a great deal of that kind of business in all Government and quasi 
Government transactions where you have an agent that goes out to 
negotiate transactions of that sort. It is very easy for him to get 
a commission from the buyer, and, of course, that makes him the 
secret agent of the buyer, and if there is no competition he can sell 
at any price he wants and ask any commission they will pay him, and 
between him and the buyer they can rob the Government of any 
amount they want to. 

Commissioner Ayer. That would be true if this lumber were sold 
in large quantities. You could select from Bradstreet four or five 
towns and sell to the individuals in those towns, and some of them 



BOARD OF INDIAN COMMISSIONERS. 659 

would not buy over one carload a year. Another thing, every other 
lumberman sells that way. You would have to put that man under 
bond; and. over and above that, the lumber associations of that 
country establish the wholesale and retail price of this lumber, so that 
at the mill you keep posted in that way. 

The Chairman. You could very easily detect the matter if the 
man is disloyal to the service? 

Commissioner Ayer. Absolutely. 

Senator Lane. There would not be any trouble about checking the 
price ? 

Commissioner x^yer. That would have made a difference of $150,- 
000 in the prosperity of that concern. 

The CiiAiR^iAN. But by collusion at the mill that could be over- 
come by dishonest agents by means of classification? 

Commissioner Ayer. Yes. 

The Chairman. I merely suggest this, Mr. Ayer. It is merely 
suggested to my mind that there are inherent difficulties, and that 
the "whole fundamental of the proposition is honest representatives. 

Commissioner Ayer. Yes. To sum up, the charges were that this 
mill was grossly mismanaged ; that there was a tremendous waste 
in the woods: that the yard was not kept in order. I have the 
sworn testimony of a gentleman who was familiar Avith 40 yards, 
Mdio said that this was as clean a country yard as he knew. And 
my own man, a man of experience, said there was no criticism at all 
in that respect. 

The bad feature of all this is that these outside influences — for 
instance, the Indian that is bringing these chai-ges and has been the 
mouthpiece of the people trying to get hold of the salaries and 
that sort of thing on this reservation, is a man that has not done 
a stitch of work for three year — two years, surely — and one or two 
others have not. They are supported from some source. Before 
this bill was started these logs were ahvays sold to the different 
lumber concerns, and you all know what that condition has been, 
Senator. It was terrific. 

Now, there is another feature in this. There are 1,700 people. 
They wanted to be taught to work. The first years it Avas difficult to 
get them to work. In the meantime the young men have come on 
and the others have been taught, until this yenr there was an average 
of 271 men working every day in the year in that plant — ^^Tndians — tit 
the same wages they paid white men. That was one of the handi- 
caps this agejit had". You all know how unstable an Indian is as a 
rule. For instance, I am there working at an important part in 
the mill. I would conclude I wanted to go fishing, and the next 
mornino- I would not show up, and perhaps I would not for a week 
or two." If they stop one side of that mill it costs 50 cents a 
minute. The law established that mill, and it is right it should. 
The whole object of that was to educate the Indians to work, and it 
is progressing in splendid shape. 

Senator Townsend. What is the influence, in your judgment, Mr. 
Commissioner, back of these busybodies? 

Commission Ayer. Well, we don't know. We certamly know 
that these lawvers that are trying to get a contract to stand between 
the agent and'the individual Indian that is in trouble have not any 
monev. That is certain. 'J'he lumber mills all over that country are 



660 BOARD OF INDIAN COMMISSIONERS. 

largely sawed out. There are mills near tlie towns that do not get 
a quarter of the cut. If they could go back to the old theory of 
logging 40,000,000 feet of logs a year and selling it to those mills 
it would be a splendid thing for them. That would furnish the 
Indian about three months work a year. Now he has steady work 
in every conceit' able way in regard to marketing thirty or thirty- 
five million feet of lumber a year, and that is one of them. 

Senator Townsend. What proportion of the Indians are favor- 
able to this community logging camp ? 

Commissioner Ayer. In my testimony there you will see that some 
of the best Indians there have estimated there were from 5 to 10 per 
cent disaffected, and through this sort of thing: A letter written by 
a lawyer from Washington last September said that the Menominee 
Indian Reservation had lost in the five years of operation one million 
four hundred and some odd thousand dollars and some cents. 

_ Now, there is no financial phase of that proposition that is not 
right here in Washington. It shows in the books here in Washing- 
ton that here has been added in the last five years from that plant 
$451,000 to the money belonging to the Menominee Indians. That 
man knew that was not true. Senator, wdien he wrote tliat letter. 
That was scattered broadcast among the Indians. 

Senator Townsend. Who wrote that letter? 

Commissioner Ayer. Mr. Ballinger, a lawyer in this town. The 
other man that made these charges that you have in my report was 
a Mr. Tyrrell, from Gillett, Wis. You can see from the testimony 
of his own Indians and by Mr. Tyrrell's testimony that the theory 
was that they want $8,000 a year to spend between the agent and the 
Indians that represent the Indians on that reservation. This con- 
spiracy has been going on nearly a year, and the whole showing is 
that there was a waste perhaps of two carloads of lumber in 105,- 
000,000 feet, and that the Indians were working better than they 
ever had. I think it would please any of you gentlemen to go into 
that town and see the cleanliness of it, the order of it, and see how 
well the Indians are doing there, how well they are managed, and 
all that. It is a calamity to have such outside influences. 

Another thing. If you want to start any more lumber mills, for 
the Lord's sake get a committee, pick out half a dozen men to go and 
look it over, tell Avhat the capiial stock shall be, where it shall be 
located, and all that. Then you won't have any such trouble as you 
have had here by ])utting in inexperienced foresters and boys and 
spending half a million dollars on a proposition of that kind. 

Senator Lane. How much did the mill cost? 

Commissioner Ayer. The whole capitalization is about one mil- 
lion and a few thousand dollars. 

The Chairman. Does that represent the actual value of the prop- 
erty? 

Commissioner Ayer. That is the actual value of the property, ex- 
cept, possibly, $79,000 lost in the first proposition there by the get- 
ting of bad timber and all that sort of tiling. 

The Chairman. Who owns the stock? 

Commissioner Ay-er. We call it the ca]>ital stock. There is no 
stock; that is what the mill represents. Now, as against that you 
have your mill, you have your village, you have your dams, your 
runway. 40 or 50 miles of raihvav. vour organizati(!n. and all that 



BOARD OF INDIAN COMMISSIONERS. 661 

sort of tliin<r. That includes the money that was lost too; that is in- 
cluded in the expense. It would make about $7r)(),()()0 the ahsohite 
cost of that plant as it stands to-day. And I niiijht say, from my own 
experience, my concern has handled in the last IC) years T.OOO.OOO.OOO 
feet of lumber. 

The Chairman. You yourself ai-e eno-aaed in the lumber business? 

Commissioner Ayer. Yes: but not up there. 

The Chairman. You are a jjractical hnubei- man? 

Commissioner Ayer. Yes, sir. 

The Chairman. Now. if I understand you correctly, you think 
you Avould in substance make three criticisms of that pi-oject : First, 
the mill was not located properly? 

Commissioner Ayer. Yes. 

The Chairman. Second, in some instances, there was not a suili- 
cient or in'oper amount paid for the stumpage; and, third, that the 
system of selling results in an enormous loss annually to the Indians? 
' Senator Lane. There was nothing said. I think, about the pay for 
stumpage, was there? 

Commissioner Ayer. No ; there is no stumpage sold there. I said 
that was all right five years ago, or three or four years ago, but the 
timber is gradually decreasing^, and it was on that basis that I made 
up the new statement doubling the stumpage on hemlock and giving 
an additional cost to certain other wood. 

The Chairman. You merely referred to the stumpage as one item 
of the cost? 

Commissioner Ayer. Yes. 

Commissioner Vaux. It is simply a matter of bookkeeping whether 
that is credited to upkeep or credited to the mill. The Indians get 
it in either event. 

Commissioner Ayer. The amount of that whole thing is that you 
are teaching those 1,700 people to conserve their property in the 
future, and as generation after generation goes on you will have boys 
that will be able to do this work. 

The Chairman. That as I understand it, is in the nature of a 
demonstration plant? 

Commissioner Ayer. Yes. 

The Chairman. It is proving a success, in your judgment, from a 
financial standpoint? 

Commissioner Ayer. Yes, sir. 

The Chairman. Now, let us see what it has accomplished. How 
many Indians were actually employed in that mill when you were 
there? , . ^ . i 

Commissioner Ayer. The sawmill was shut down tor two weeks 
when I w^as there. There are 480 adult Indians on that reservation. 
The average number of workers in the mill and in the woods last 
year daily was 271. , „ , 

The Chairman. How many out of the total number of employees 
of the mill ? „ , , 

Commissioner Ayer. About 45^ per cent of the employees were 
Indians, and they were short of labor all the time. When they could 
not get Indians they took white men, of course. 

The Chairman. The charges that were made against the superin- 
tendent there, Mr. Nicholson, embrace one specific allegation that 
he had violated his duty in declining to give employment to Indians 



662 BOARD OF INDIAN COMMISSIONERS, 

and preferring white employees. What investigation did you make 
into that? 

Commissioner Ayer. I made investigation by asking the leading 
Indians of that place if in their judgment there had ever been any 
cases where Indians could not get employment. Every one of them, 
except the disaffected, who had been disciplined for drunkenness, 
for malfeasance, immorality, and that sort of thing — they all say 
what I gave in my report of the gentleman, whose name I did not 
mention — a man that has been there 17 years. He says there has 
been no time when any Indian could not get work that wanted it. 
There has been no time in the past year when they have had men 
enough to run that plant properly and as economically as it ought 
to be run. 

The Chairman. Do you mean to say they were unable to secure 
enough Indians to do the work ? 

Commissioner Ayp:r. Absolutely : and every inducement is offered 
for Indians to go to work. 

The moral effect of the association on that has been first class. 
Now, I find thei-e are 250,000 acres of land and probably 100,000 acres 
of grazing land. It is a crime to allow that food to go to waste. I 
will say that Commissioner Sells is already making arrangements 
this next spring to put on it a large body of sheep. I recommend put- 
ting a thousand cows there and, as soon as we can develop a place, cut 
hay for them; then every fall take the steers and put them on the 
market and sell them to the feeders. The corn belt is only 300 miles 
away. 

Another thing: That reservation has never been cruised. Why, if 
a man would do business that way his credit would not be worth a 
nickel. There are 250,000 acres of land that no man knows the value 
of. That can all be done by experts for 5 cents an acre. Then, there 
should be in this place here and in Neopit analyses showing the capac- 
ity of particular sections of that reservation, whether it should be 
used for pasturing, raising hay, farming, reforestation, or some other 
use. 

Senator Lane. To a man that has been used to doing business on 
business principles it looks rather slack, does it not ? 

Commissioner Ayer. Not in the logging business ; but in these other 
ways, very much so. And there is nobody to blame for that but you 
gentlemen. 

Senator Lane. It comes right back to Congress ? 

Commissioner Ayer. Right back into Congi-ess, every bit of it; 
yes, sir. 

Commissioner Dockweiler. We do not hold these present gentle- 
men responsible. 

Commissioner Ayer. Oh, yes; we do. 

The Chairman. We get lectures daily, as far as that is concerned ; 
and we have not called you gentlemen here for the purpose of deliver- 
ing us lectures. We want information and suggestions. 

Senator Lane. I think that is pertinent and good criticism, Senator 
Robinson, coming, as it does, from a business man who understands 
business principles. 

The Chairman. I am glad to get his suggestions. 

Commissioner Ayer. I certainly owe you an apology. 



BOARD OF INDIAN COMMISSIONERS. 663 

The Chairman. How long were you on the reservation, Mr. Ayer? 

Commissioner Ayer. I was up there three days and a half the first 
time. I did not go into the woods, understand. I am too old, nearly 
73 years, but I had these experts from the Govei-nment. While the 
people were in the woods I took testimony and familiarized myself 
more with the yard and all that, and called in many Indians and took 
their testimony, which you will see. Then, I never said a word to 
Mr. Nicholson, the agent, at all, until I got home and got the report of 
Mr. Kinney, the Government report, and my man's report — all of 
them. Then I asked the questions that would bring out his defense. 
You will see it all in that paper. 

The Chairman. You were there three days and a half, you say? 

Commissioner xVyer. Three days and half the first time. 

The Chairman. And, under the circumstances, you did not go into 
the woods yourself? 

Commissioner Ayer. Oh, certainly not. 

The Chairman. I did not know whether you had or not. I did 
not know of any reason that would have prevented your going there. 
Now, you submitted the testimony that you took, with your report, 
to the Commissioner of Indian Affairs? 

Commissioner Ayer. Every single question that I asked anybody 
there is in that report. 

The Chairman. You think that the operations of the mill, so far 
as its actual conduct is concerned, are businesslike and successful? 

Commissioner Ayer. Yes, sir ; remarkably so, under the handicaps 
that are there. 

The Chairman. Did you investigate all the charges that were 
made against the conduct of the affairs of that reservation, or only 
just particularly the sawmill matter? 

Commissioner Ayer. I was sent there to investigate that reserva- 
tion, and no investigation would have been worth a nickel that did 
not take in the matter of conditions on the reservation — moral, physi- 
cal, intellectual, and financial propositions. 

The Chairman. What did you find there with reference to the 
introduction of liquor by white employees? 

Commissioner Ayer. That is one thing that seems to be almost nil. 
The investigation shows that there have been numerous prosecu- 
tions. And if there is one thing that Mr. Nicholson has been efficient 
in it is in keeping that away. 

The Chairman. Did you find many cases of violation of the law? 

Commissioner Ayer. I did not find any. I could not see that, of 
course, in three days. I saw no drunken men or anything of that 
kind. I only found in a general way the conditions there and the 
morale of the place. 

The Chairman. There was a specification in those charges that 
the Indian employees were abused by the white employees, and that 
the superintendent permitted that. Did you look into that? 

Commissioner Ayer. Yes, sir; I do not think it is true in any way. 
There was no indication of it, and they practically never suggested 
that to me. Of course, every single charge there you would find in 
Mr. Nicholson's report to me, in a way — the biography of all these 
men. It is very easily investigated if you are not satisfied. It is a 
matter of record in the office. 



664 BOAED OF INDIAN COMMISSIONERS. 

The Chairman. What kind of work do the Indian employees gen- 
erally do ? Can they do am^thing about the sawmill '( 

Commissioner Ana?. The Indian is not employed for a sawyer ; he 
is not employed for an engineer; he is employed as a fireman; he is 
employed for attending, and some of them can ride the carriages. 
But a sawyer can make $50 a day or lose $250 a day, and they never 
have the experience that would teach them that. The records show 
that the Indians as a rule have been a dead failure in running the 
logging camps. You will see in that old investigation what the con- 
diticns were when the Indians were given those logging contracts. 
They immediately brought white men in to do every one of them, 
and they had a dead margin on it. Now, as a rule, in the testimony 
there, there are usually two or three Indians in charge of the log- 
ging camps in the woods, and efforts are being made to educate them 
in that manner. There has been a long time that there has not been 
a single Indian in charge of the logging camps, and, of course, there 
is no disaffected Indian that does not think he would be capable of 
that. 

Senator Townsend. Is the Indian improving much'^ 

Commissioner Ayer. Very much. 

Senator Townsend. How can you demonstrate that? 

Commissioner Ayer. By going back in the history of the Redman. 

Senator Townsend. Do you know what the condition of the 
Menominee Indians was prior to the establishment of that mill ? 

Commissioner Ayer. I have a library, Senator, that tells me the 
condition of every Indian tribe in North America since the discovery 
of North America, since the first white man was in any district in 
North America. 

Senator Townsend. How has the Menominee Indian improved 
by reason of that mill? 

Commissioner Ayer. Because it gives him more labor. Before 
that mill was begun the logging contracts were let to Indians. The 
scalers were bought up, and there is a suit here now in these courts 
for dockages made, and all those questions. All those logs were sold 
and all the manufacturing done away from that reservation. The 
Indian had none of it. That has been so from time immemorial. 
Some of them had little patches of ground under no supervision; 
others were largely hunters and trappers. To-day there are some of 
the finest educated men — look at that letter of Oshkosh and several 
of the other men. There are many highly educated men. They are 
morally developed, and I take the opportunity of saying that the 
missions there have done splendid work for a number of years. 

Senator Townsend. Are they thrifty? 

Commissioner Ayer. No Indian is thrifty. There is not one in 
10,000. 

Senator Townsend. Is the mill encouraging habits of thrift ? 

Commissioner Ayer. Absolutely. And I want to suggest, too, that 
there is another little thing that might help. I would establish a 
system of prizes to the men that did the most work in the mill and 
in the yard at each one of the camps, and all that sort of thing. The 
young men, of course, are working better than the old ones. That is 
encouraging. 

I have made a recommendation there that to me is quite a vital 
one, to get these Indians to farming as fast as possible, to give them 



BOAKD OF INDIAN COMMISSIONERS. 665 

assistance. Then — as you all know in all your States what farming 
has got to be — I would have the Government keep two or three boys 
every year in Madison, studying i'orestry, chemistr3^ agriculture, and 
the different phases of stock raising. 

The Chairman. Who would select them? 

Commissioner Ayer. The brightest boys from the schools that are, 
right there. They would come back and analyze my soil and tell me 
I had better raise this or that ; tell me the best class of pigs, the best 
class of chickens, the best class of turkeys, the best class of cows, and 
all that, and have a general scientific supervision over these men, 
because the eventual life of those men has got to be on the farm. 

Senator Townsend. Is anything being done along that line, Mr. 
Ayer? 

Commissioner Ayer. On the reservation? 

Senator Townsend. Yes. 

Connnissioner Ayek. Very little. Some of the pagan Indians and 
some of the Christian Indians have little farms, but they need this 
scientific supervision and inducement. 

Senator Townsend. Do they have an Indian farmer up there? 

Commissioner Ayer. Yes ; they have. 

Senator Townsend. "Wliat does he do? 

Commissioner Ayer. He is supposed to help. 

Senator Townsend. You did not go into that? 

Commissioner Ayer. No. 

Senator Toavnsend. Did you investigate anything that the Gov- 
ernment employees are doing up there to make the Indians more 
industrious, more self-supporting, more thrifty? 

Commissioner Ayer. Yes ; but you must understand tliat the agent 
is the father, mother, grandfather, grandmother, nurse, and wet 
nurse of the whole 1.700 people on that reservation, and I think any 
investigation will prove that there has been a great advancement in 
every way through the schools. Of course the mill has spent some 
money in* getting better training schools there. That is a very impor- 
tant thing, that'these boys be brought up to be mechanics, farmers, 
etc. 

Senator Townsend. Do you know for a fact whether they do 
attend school or not? 

Commissioner Ayer. They do. 

Senator Townsend. They all do attend schools? 

Commissioner Ayer. Practically. There are two day schools and 
two Catholic schools. Father Ketcham is familiar with that, and he 
can probablv tell vou better. Probably there is another one. There 
are about 80 children in the Catholic school at Neopit, and they are 
just buildino; a new school. They were overrun at the other one. 
There were four schools on the reservation in the two villages, and 
everv scholar has an opportunity to go. 

I made an investigation of the conditions of the older Indians, m 
their little homes, who have come under the Christian influences, 
and found there was a very marked improvement in cleanlmess and 
sanitation, and all that. 

Senator Townsend. How do the Menominee compare Avith respect 
to those conditions with other tribes that you have visited ? 

35601— PT 7—14 2 



666 BOARD OF INDIAN COMMISSIONERS. 

Commissioner Ayer. You can not compare a Pueblo or a Mesca- 
lero or Papago or Navajo Indian with any of these other tribes. 
My business has not been visiting- Indians; in fact, this is the first 
personal investigation I ever made, and, I will be perfectly frank 
with 3^ou, I hope it will be the last. 

Senator Towksend. You went up there principally to investigate 
the lumber business? 

Commissioner Ayer, No, sir; I went up there for the purpose of 
investigating conditions generally on that reservation, which is my 
duty as a member of the commissioners' board. 

Senator Townsend. And I understand you did investigate the 
lumber business? 

Commissioner Ayer. No. 

Senator Townsend, What about the farm ? 

Commissioner Ayer. That farm was out soaie distance, and it was 
bad weather, and I did not get out there. Of course there were a 
great many things which a person could not do in the time I had, 
I spent a good deal of time on it, but all the farming there is there 
is in a primitive state, and there has been no funds available to make 
it anything else. 

Senator Townsend. What is the condition of the health of those 
Indians up there? 

Commissioner Ayer. There is some trachoma and some eye 

Senator Townsend. Some what? 

Commissioner Ayer. Some trachoma and some tuberculosis, but 
they are sending their children up to Minnesota to a sanitarium that 
are infected with tuberculosis, and there is a fine hospital at Keshena 
and a doctor at Neopit, and every case of the kind or destitution or 
of sickness and all that is looked after, and they have a female field 
matron, who visits all of these homes within 10 or 15 miles of Kesh- 
ena. wherever they are tucked away in the woods or anywhere. 

Senator Townsend. Do the parents of the children who are af- 
flicted with tuberculosis or trachoma consent to their being removed 
to the sanitarium? 

Commissioner Ayer. Oh, yes. They do because they have to. 
There are a good many intelligent people there, and the Indians 
realize they are trying to do the best thing they can for their chil- 
dren. 

Senator Lane. What is the percentage of tuberculosis there, Mr. 
Ayer; do you know? 

Commissioner Ayer. No ; but there is quite a little of it. 

Senator Lane. Is it increasing or decreasing? 

Commissioner Ayer. I think it is decreasing, if anything. 

Senator Lane. What about trachoira? 

Commissioner Ayer. Trachoma — that is being attended to, too, 
I think that is decreasing. 

Senator Lane, Are they isolated — the tubercular cases? 

Commissioner Ayer. The tubercular cases are being isolated, and 
they do not let them go to the schools, and as soon as they can they 
send the field matron, who takes them up to this sanitarium in Min- 
nesota. 

Senator Lane. Is it an out-door sanitarium ? 

Commissioner Ayer. An out-door sanitarium; at a place in Min- 
nesota. 



BOARD OF INDIAN COMMISSIONERS. 667 

Eepresentative Stephens. They have hospital facilities, then, for 
the sick children? 

Commissioner Ayer. Oh, yes; they have just as good as anybody 
can have, and there about 8 or 10 Indians that have families and all 
that that are in that hospital. 

Representative Stophens. How many day schools have they on 
the reservation? 

Commissioner Ai-er. Two; one each Catholic and miss'umary, and 
two Government. 

Eepresentative Stephens. You call those sectarian schools "day 
schools"? 

Commissioner Ayer, No; one of them 

Representative Stephens. Or boarding schools? 

Connnissioner Ayer. The one is boarding and the other day. 
There are two day schools at Neopit, where' the mill is, and there 
is one where they board in Keshena, and one that they do not. 

Representative Stephens. Are there school facilities for all chil- 
dren? 

Commissioner Ayer. Oh, yes ; I think so. Of course there are some 
you never could get in school. Some of the Indians are scattered 
around in little hamlets m the woods, and where it is impossible, 
unless they put their children in boarding schools, to have schools 
for them — little settlements of three and four huts. 

Representative Stephens. You say you w^ere there on the reserva- 
tion about three days? 

Commissioner Ayt^r. I was on the reservation the first time three 
days, and the next time about three days. 

Representative Stephens. You were out on the reservation about 
six days altogether? 

Commissioner Ayt:r. Yes: altogether. 

Representative Stephens. The agent and the mill are in the same 
place ? 

Commissioner Ai'er. Yes; in Neopit. 

Representative Stephens. What is the name of that? 

Commissioner Ayer. Neopit. 

Representative Stephens. Is it on the railroad? 

Commissiioner Ayer. Yes. By the way, there is another thing 
I want to especially speak of, one of the first recoinmendations I 
made : That railroad stops at Neosho, about 20 miles down, and then 
runs u]3 through the reservation. The}^ have not a freight car in 
the world, or practically any cars, and they run a little '" jerk- water " 
passenger train over the road at a fare of 4 cents a mile and without 
any facilities only as they get it from the Northwestern. 

Representative Stephens. How are the freight facilities on this 
railroad? 

Commissioner Ayer. The Northwestern supplies them cars, as the 
Northwestern connects Avith it at this town, and that is not satis- 
factory to the Northwestern road, and it is not satisfactory to the 
mill. The Northwestern road has made two or three surveys in there, 
and they told me — T saw the president of the road and asked him 
in regard to it — so I could report to you gentlemen, and he said that 
they would build in there within a year or two if you want to pay 
for the right of way, and you would then have all the facilities of 
this Northwestern road in the wav of stock and cars. 



668 BOARD OF INDIAN COMMISSIONERS. 

Eepresentative Stephens. What is the size of the reservation? 
Commissioner Ayek. Purely a mill town, probably a thousand 
people in it. 

Representative Stephens Any hotels? 
Commissioner Ayer. Xo — there is only a lumberjack hotel. 
Kepresentative Stephens. Where did you have to stay? 
Commissioner Ayer. I stayed with the agent. 
Representative Stephens. You did? 
Commissioner Ayer. Yes. 
Representative Stephens. Who is the agent ? 
Commissioner Ayer. Nicholson. 

Representative Stephens. How long has he been there? 
Commissioner Ayer. Three years before, so far as I know. I never 
saw him before I met him there. 

Representative Stephens. What influenced you to go there and 
make this examination? 

Commissioner Ayer. I was asked to do this by this Board of In- 
dian Commissioners, of which I have the honor of being a member, 
and also by Mr. Sells, the Indian Commissioner, and Secretary Lane. 
Represeiitative Stephens. About what time did you go out there; 
what time in the month ? 

Commissioner Ayer. The 1st of November. Then I came back and 
digested my information and went up aga'in. I had not gone to 
Keshena the first time, calculating to go back, and I went back then 
and spent a day and a half among the Christian and pagan Indians; 
and then to the mill, and on to another settlements of pagans about 
6 miles up the river. 

Representative Stephens. Do you know a Mr. Abbott? 
Commissioner Ayer. I know Mr. Abbott ; yes, sir. I have known 
him since I have been on the Board of Indian Commissioners. 
Representative Stephens. How many years is that? 
Commissioner Ayer, Two. 

Representative Stephens. You have been on the commission two 
years? 

Commissioner Ayer. Yes. By the way, I was put on by Mr. 
Fisher, 

Representative Stephens. Two years ^go. AMiose place did you 
take? 

Commissioner Ayer. I do not know. I did not know any member 
of the board of commissioners. 

Representative Stephens. Was Mr. Abbott then acting Indian 
Commissioner? 

Commissioner Ayer. He was Acting Indian Commissioner, to the 
best of my knowledge and belief. AVe visited him that first year. 
Representative Stephens. After Valentine was removed? 
Commissioner A^tsr. I do not know ; I have not paid any attention 
to conditions at all. 

Representative Stephens. Did Mr. Abbott request you to ask this 
appointment? 

Commissioner Ayer. No, sir. 
Representative Stephens. No letter? 

Commissioner Ayer. No letter of any manner or nature. Mr, Ab- 
bott is our secretary, and he has just as much influence on me as your 
stenographer would have on you. 



BOARD OF INDIAN COMMISSIONERS. 669 

Eepreaeiitative Stephens. There was no intinuitioii tliat he wanted 
Ton to make this trip ^ 

Commissioner Ayek. Xo. sir; and, in fact, we ne\er request a word 
from him in any shape. And, o-entlemen, I certainly object to that 
class of qnestioiiino- to a i>-entleman who is payinc: his own bills, who 
has spent his life in phifanthropy and i^'ood works, to have to come 
here and have snch qnestions asked him by anybody. 

Representative vSrapirENS. Yon are before an investigating com- 
mittee, you must remember. 

Commissioner Ayer. You have no right to invest igale my moral 
standing. 

Representative Stephens. I did not ask you anything about your 
moral character, did I? 

Commissioner Ayer. It is the same thing, if I would allow any 
man on the face of the earth to influence me in my conduct, Mr. 
Stephens, I am not fit to hold the position I do. 

Representative Stephens. You seem to very sensitive about that. 

Commissioner Ayer. I am sensitive about that, most assuredly. 

Representative Stephens. And you were out there for the first 
time three days and the last time three days? 

Commissioner Ayer. Yes, sir. 

Representative Stephens. You stayed with Nicholson? 

Commissioner Ayer. I did. 

Representative Stephens. Did he furnish you the books or let you 
examine them ? 

Commissioner Ay'er. He turned everything over to me ad liber- 
atim. Pie said to his men in the office,'" Give Mr. Ayer everything 
he wants; show him everything." In addition, he absented himself 
from me all the time ; he ne rer was in my presence or in my hearing 
during my asking a single question to any man on the reservation. 

Representative Stephens. He has a secretary, has he not? 

Commissioner Ayer. I do not know that. 

Representative Stephens. Who gave these books to you: was it his 
secretary, or how did you get hold of them? 

Commissioner Ayer. All the books I examined— T did not ex- 
amine those books there at all. I got what they call "statements" 
after I came away. 

Representative Stephens. Who gave you that statement ? 

Commissioner Ayer. Mr. Sells. 

Representative Stephens. Where did it come from? 

Commissioner Ayer. From the books here in Washington. 

Representative Stephens. Who made the books here in Wash- 
ington—Nicholson, did he not? Do vou not know that to be a 
fact ? 

Commissioner Ayer. I do not know that to be a fact. 

Representative Stephens. How do they get the information here? 

Commissioner Ayer. I do not know. The reports of that mill was 
made in that office, but if you are assuming that the Interior De- 
partment is receiving books that are not authentic, that is up to you; 
I do not know anything about it. 

Representative" Stephens. Did you not state a few minutes ago 
that the agent had complete charge; that he was "'monarch of all 
he surveyed"? 



670 BOARD OF INDIAN COMMISSIONERS. 

Commissioner Ayer, He has to keep those books according to the 
behest and the rules of the United States Government. I do not 
believe, Mr. Stephens, the United States Government is letting 
anything of that kind go b}- Avithout proper attention to know it is 
being properly kept. 

Eepresentative Stephens. Coming back to the original question, 
do you not know that these books were made up and reports for- 
warded by Nicholson ? 

Commissioner Ayer. I do not know anything of the kind. 

Representative Stephens. How would the Indian Commissioner 
know they were authentically kej^t ? 

Commissioner Ayer. I do not know. I asked Mr. Sells for any- 
thing he had on this subject, and he sent me these copies from state- 
ments from the books of the United States Government in Wash- 
ington. 

Representative Stephens. That is all. 

The Chairman. Nobody on this board of commissioners receives 
any compensation for his services? 

Commissioner Ayer. No, sir ; never. 

The Chairman. It is purely gratuitous? 

Commissioner Ayer. And I want to say that I am a man of liberal 
means, and I have always refused to accept in any case any compensa- 
tion for my traveling expenses or any expense I have been to in con- 
nection with the board, and I never have been since I have been a 
member of it. 

The Chairman. You pay your own traveling expenses out of your 
own funds? 

Commissioner Ayer. Absolutely. I took a man who is getting 
$4,000 a year from down in the country and took him up there, and 
I took another man who is getting $8,000. out of our office, and took 
him up there, and a stenographer getting $1,200 I took him, and 
paid all those expenses myself, because it is my pleasure. 

The Chairman. If I understand you correctly, you said that the 
charges that were made affecting the integrity and efficiency of the 
administration of this sawmill were prompted by influences which 
were corrupt in their purpose and design ? 

Commissioner Ayer. The effect was corruption, most assuredly, in 
stirring up those Indians in the way they have been there, and, as I 
said before, I asked for the record on these men, and I hope that you 
have got my entire report. Senator, and I sincerely hope that you 
will read it all. 

The Chairman. It did, however, result in your discovering the 
fact that the Government was loose in the method of handling the 
matter, to the Indians, $60,000 a year? 

Commissioner Ayer. Absolutely, under the law of Congress— it 
would be about that. 

The Chairman. Do you think that that much can be saved as a 
result of the investigation ? 

Commissioner Ayer. I certainly do, and that law ought to be 
changed, and rules and regulations established that would save that 
money, that would get that lumber to the consumer. 

The Chairman. There are a good many questions I would like to 
ask you about the condition of those Indians, if you are familiar 
with it, but I know there are a number of other gentlemen here to be 



BOARD OF INDIAN COMMISSIONERS. 671 

heard, and I think perhaps j^on wouhl like to conchide. so I Avill 
reserve them. 

Comniissioner Ayer. Can I be of any service to your connnission 
between now and 3 o'clock Saturday? I leave then, and if I can be 
of any service in the meantime 1 hope you will command me. 

The Chairman. I thank you very much. We are very glad to have 
had your statement. 

Commissioner Vaux, Dr. Eliot will have something to say with 
regard to the extreme Southwest. 

STATEMENT OF COMMISSIONER SAMUEL A. ELIOT, MEMBER 
BOARD OF INDIAN COMMISSIONERS, BOSTON, MASS. 

The Chairman. Just give a brief statement of your residence, your 
connection with the board, and when you became a member of it, as 
that will save time. 

Commissioner Eliot. I have served on this board for four years, 
I think. My residence is at Boston, Mass.. and I am a minister by 
profession. 

The Chairman. Will you not have a seat, Doctor? 

Commissioner Eliot. No, sir ; I am used to standing. This commit- 
tee has had the opportunity, under commission of the board, to visit 
the reservations of the Pueblos. Narajos, and Papagos within the last 
month. The reports of the committee as amended and adopted by the 
board yesterday will be sent to all the members of the Senate and 
House Committees on Indian Affairs and of this commission. There- 
fore I can take only a brief time to tell the main points. 

If I may, I will state the Pueblo situation first. The problems 
there, sir, are chiefly land, liquor, he-ilth. and education. 

The educational'situation is gradually w^orking out; the Pueblos 
are becoming reconciled to the education of their children. A num- 
ber of the children are in the boarding schools at Albuquerque and 
Santa Fe, but in the judgTuent of this committee the day school is 
the real solution of the "educational problem among these people. 
The boarding school is well fitted for nomadic Inclians, but the 
Pueblos have always lived, from time immemorial, in villages. There- 
fore this committee recommends the establishment of day schools at 
each of these villages. That is a process which is going forward 
wdth reasonable satisfaction, but needs to be accelerated. 

The health question is at the front there, as on all reservations. 
Your committee recommends simple instruction in elementary sani- 
tation. The climate of New Mexico is such that tho<e people keep 
reasonably healthy, but they have no sanitation in any of these 
villages. . . 

The introduction of liquor is a very serious matter m these vil- 
lages, and the committee indorses the application of the superintend- 
ents of the various jurisdictions for the employment of an additional 
force of policemen. Unfortunately, the sentiment among the Indians 
is not averse to the introduction of liquor. 

The land question is the most important one. The territor\^ of 
the Pueblos has never been surveyed. There are no permanent 
bounds. The lines are absohitely indistinct. There is constant tres- 
passing. There is constant litigation— friction. I do not regard the 



672 BOARD OF IXDIAX COMMISSIONERS. 

trespassers as always blameworthy. They do not know where the 
lines are. The first and most important thing to be done for the 
Pueblos is the establishment of lines of surveys. When that is done 
there should be prompt action in the conviction of the trespassers. 
This committee, therefore, primarily recommends appropriations for 
the survey of all the Pueblo grants; and, second, an additional ap- 
propriation above that now recommended in the bill, as introduced 
by Judge Stephens, for the prosecution of the pending cases of tres- 
passers. A small sum is set apart for the use of the attorney of 
these Pueblos, but it is inadequate to bear the expenses of the neces- 
sary trials. 

That is all I wish to say, sir, about the Pueblos. Do you have any 
questions on that matter ? 

The CiiAiRJiAN. Is trespassing very extensive on their territory, 
Mr. Eliot? 

Commissioner Eliot. Presumably. One does not know, but, as the 
superintendent pointed out to us repeatedly, this man and that man 
is probably on the Indian ground. 

The Chairman. What day-school facilities are now provided for 
the Pueblos? 

Commissioner Eliot. I think about half of the Indians have ade- 
quate day-school facilities, and those which have been built within 
the last year or two are capitally constructed, but at least eight 
Pueblo villages have no day-school facilities. 

The Chairman. Are you prepared to state what progress is being 
made, as a rule, in relation to the efficiency of these schools? 

Commissioner Eliot. Excellent. I think the work being done is 
good. I am not prepared to say that the Pueblo is adjusted to the 
new environment entirely, because they are a stubborn proposition. 

The Chairman. You have referred to the fact that the Indians are 
not in sympathy with the efforts of the Government to suppress the 
liquor traffic among them? 

Commissioner Eliot. No. 

The Chairman. What percentage of them, do you think, are ad- 
dicted to intoxication, if they have the opportunity of securing 
liquor? 

Commissioner Eliot. I do not wish to indict the whole village, but 
I think the proportion of sober men among them is very small. 

The Chairman. Something was said by you about health condi- 
tions among the Pueblos. I am hurrying, as you did. You made a 
very clear and brief statement. Wliat are the principal diseases 
that afflict these Indians? 

Commissioner Eliot. Tuberculosis. 

The Chairman. Could you give us an estimate of what percentage 
of them are seriously afflicted with that? 

Commissioner Eliot. I can not; but that is contained in a certain 
Senate document, describing the whole situation. 

The Ciiair:man. There is some information concerning it ? 

Commissioner Eliot. There is accurate information. 

The Chairman. Have they trachoma ? 

Commissioner Eliot. I did not perceive any, and I did not hear 
any accounts from the local superintendents or physicians about its 
prevalence. 



BOARD OF INDIAN COMMISSIONERS. 673 

The Chairman. vSenutor Lane, do you wish to ask Dr. Ehot any 
questions ? 

Senator Lane. No;. his statement contained all I wanted to know. 

Senator Townsend. How much money is ai)i)roprialed for this 
board of Indian commissioners? 

Commissioner Eliot. Four thousand dollars. Permit me to say 
the sum is inadequate. 

Senator Townsend. Are they all able to pay their own traveling 
expenses the same as Commissioner Ajer said he was? 

Commissioner Eliot. They are not. I draw my expenses from the 
$4,000 appropriation. 

Senator Townsend. You receive no compensation for your own 
services ? 

Commissioner Eliot. I give my time and my services and draw 
my traveling expenses. 

Senator Townsend. I myself am very much in favor of this com- 
mission, and if I could have mv wav there would be appropriated 
$25,000 instead of $4,000. 

Commissioner Eliot. You could not give us $25,000. 

Senator Townsend. I would put it at that figure, because a lot of 
them could go then who can not go now. 

Commissioner Eliot. We could use $10,000. 

Senator Tow^nsend. They could use more. 

Representative Stephens. When did you go out there. Doctor, on 
this last trip ? 

Commissioner Eliot. This ])ast month, in January. I left here 
January 4, and I returned tw^o days ago. 

Representative Stephens. What State did you visit? 

Commissioner Eliot. Arizona and New Mexico. 

Representative Stephens. How many reservations were you on? 

Commissioner Eliot. Four. 

Representative Stephens. Which ones w^ere those? 

Commissioner Eliot. Papago, Pima, Navajo, and the Pueblo vil- 
lages. There is no Pueblo reservation, but they are scattered in 19 
villages. 

Representative Stephens, Were vou at the capital of New Mexico- 
Santa Fe ? 

Commissioner Eliot. Yes, sir. 

Representative Stephens. Were you at Sacaton? 

Commissioner Eliot. Yes, sir. 

Representative Stephens. Were you at San Carlos — on that reser- 
vation? 

Commissioner Eliot. Yes, sir. 

Representative STEPHE^'S. Did you observe the condition of the 
Indians as to their health? 

Commissioner Eliot. As far as possible. 

Representative Stephens. What did you find the health condition 
among these Indians — good or bad? 

Commissioner Eliot. Bad. 

Representative Stephens. About what percentage did you find 
there wnth tuberculosis or consumption ? 

Commissioner Eliot. That must be on my part a superficial mat- 
ter. I should say. generally, about 20 per cent. I believe the sta- 
tistics are higher "in l^egard to the Navajos. 



674 BOARD OF INDIAX COMMISSIONERS. 

Kepresentative Stephens. And about trachoma? 

Commissioner Eliot. Probably about the same, but my informa- 
tion would not be accurate. It is all in print, however, somewhere. 
I should like to add a word in regard to the Navajo and the Papago 
propositions. 

The Chairman. Very well, proceed. 

Commissioner Eliot! The Papagos live in southern Arizona in the 
desert. There are nearly 5,000 of them living on the public domain. 
They have always lived on the public domain. They, therefore, have 
no title whatever to their homesteads, if they may be said to have 
homesteads. This committee believes that the time has come to pre- 
vent friction in the future by establishing these nomadic Papagos 
on public domain in Executive-order reservation, probably small in 
territory, and grouped about the sources of water supply. If this is 
not done, it is altogether likely that gradually the white settlers Avill 
take up these sources of v.ater and these Papagos will become home- 
less vagrants. Here is a case of prevention instead of cure. 

We recommend the establishment of small Executive order reser- 
vation on lines to be drawn by the department at as early a date 
as possible. On the Papago Reservation proper, it appears that the 
trust patents under which the Indians hold their allotments run 
out in the course of two years. In the judgment of this committee, 
the time has not yet come when these Indians can be safely trusted 
to handle their own affairs. They, therefore, recommend the ex- 
tension of the trust patents for a period of another 10 years, which 
I believe to be within the jurisdiction of the Commissioner of Indian 
Affairs. 

The health and educational facilities there are very much the same 
as among the Pueblos. The Government has never done anything 
for the nomadic Papagos living without the reservation on the 
public domain, but provision is made in the present Indian bill for 
the discovery of the water resources, and also plans are formulating 
for the adequate establishment of day schools. 

Eepresentative Stephens. I desire to ask you whether you are 
aware of the fact that the law now permits these Indians and gen- 
erally permits all Indians to settle upon the public domain, and that 
the last Indian appropriation bills passed the House without chang- 
ing that? When it came to the Senate they put on a provision that 
it should not apply to Arizona and New Mexico, and we Avere com- 
pelled to take that in conference and it become a law. The House 
again left that off so as to permit those Indians of the Southwest to 
have the same right as citizens of the United States, and I took the 
same view that you do, that is absolutely necessary to provide for 
those Indians, whose homes have been for many years on the public 
domain, and I am very glad to see that you take the same view that 
the House sustained and is trying to sustain. We have left it out 
of the bill and propose to see that it stays out, if we can. 

Commissioner Eliot. Are there any questions on the Papagos? 

The Chairman. There appear to be no questions. 

Commissioner Eliot. The Navajo situation is somewhat similar. 
There has been no Navajo problem such as you have heard for an 
hour in relation to the Menominee. 

The first recommendation is that the Navajo Reservation is too 
big for adequate supervision and administration. 



BOARD OF INDIAN COMMISSIONERS. 675 

The CiiAiKiiAN. What is its area ? 

Commissioner Eliot. About 12,000,000 acres, A hirge tract cov- 
ering the northern portion of the State, wliich is now divided into 
four or five jurisdictions. This committee recommends that a new 
jurisdiction be established in the northern boundary of tlie reserva- 
tion, where there are some 8.000 Indians, a hundred miles at least 
from any agency. That is. of course, a matter of administration 
detnil. 

The more important matters are those connected with the land 
questions. This committee is firmly convinced that the reservation 
is none too big for the Indians now upon it. The number has in- 
creased in the last 25 years, and is now doubled, or is nearly 35,000 
self-supporting, industrious people, taking care of themselves. They 
should be sustained in that attitude of independency. There is a 
movement, as always, in such a community for the curtailment of 
the reservation. We believe that tlie reservation should be main- 
tained just as far as possible, with one possible exception, in its 
present diniensions. When the time comes for the allotment for 
these Indians they will need it all. 

Next, this committee is convinced that the time has not yet come 
for allotment. These Indians are doing well under the communal 
system. They have a regard for each other's rights. They seem 
to share fairly in the water resources and the grazing possibilities 
and are going well under the present conditions. 

Senator Townsend. What did you state was too large? Did you 
say the reservation was too large? 

Commissioner Eliot. Too big for efficient administration. We 
want another agency established. 

Senator Townsend. I see what you mean. 

Commissioner Eliot. Another ' center of administration on the 
northern boundary, which is about 100 miles from 

Senator Lane. They are doing well now wdth one agency, why 
should we wish to take a chance and put on more? 

Commissioner Eliot. Because I am not prepared to say that an 
agent is always evil ; he may be a good one. 

Senator Lane. These Indians, as I understand you, are self-sup- 
porting, independent, and care free? 

Conimissioner Eliot. They are the most attractive and promising 
tribe I have ever visited. 

The Chairman. Senator Lane's suggestion appeals to me. Dr. 
Eliot. I want to ask your opinion about that. There is danger, is 
there not, in too much' supervision? The tendency of the Indian is 
to become and remain dependent; is not that the one great difficult}'— 
arousing them to a sense of independence, so far as providing their 
own living is concerned? 

Commissioner Eliot. To our humiliation it must be said that many 
of our efforts account for their depreciation and demoralization. 

The Chairman. That is what I mean; that is literally it. Of 
course, it. was not within the intention of those who were undertaking 
to benefit rather than to do otherwise for them, but the general re- 
sult of the policy has seemed to me to be quite open to question, and 
that that is one of the most serious objections to it. We have handled 
his funds and sometimes handled them very improvidently. So that 
we have not even the justification for making him dependent that we 



676 BOARD OF INDIAN COMMISSIONERS. 

have administered his estate witli thrift and good business judgment, 
and he might not have fared worse, in many Instances, if he had had 
more freedom as to his own affairs and less supervision. 

Commissioner Eliot. But, these Navajos 

The Chairman. If I may say so, and interrupt your remarks, I 
think that is the fundamental question and difficulty in the Indian 
problem, and I know no solution of it —how to make the Indian race 
an independent, self-supporting race, and on the part of the Govern- 
ment to cut loose from him. 

Commissioner Eliot. The solution is, I think, evident : These reser- 
vations contain large sources of wealth. Almost every one of them 
can be made self-sustaining by the proper development which they 
now contain. This Navajo Reservation, in particular, has large re- 
sources in mineral and timber wealth. With a proper development 
of the resources that reservation should pay all its expenses and re- 
turn a large profit to its owners. 

The Chairman. Still, you would have the Indians actually under 
supervision indefinitely. Do you think that the fixed policy of the 
Government ought to be toward the one great aim of finally bringing 
the Indian out from under Government "control and permitting him 
to be absorbed by the general population? 

Commissioner Eliot. Absolutel}^; that is the mission with which 
this board is intrusted. The happiest day in the existence of this 
board will be the day when we can come to this commission or to 
the President of the United States and say that our task is finished, 
and that the Indian has been lost in the white civilization. 

Senator Lane. He will be " lost " all right. 

Representative Stephens. Just a question in reference to day 
schools on this reservation : Is it not a fact that there are several 
thousand Indian children belonging to those nomadic Indians that 
have no school facilities whatever ? 

Commissioner Eliot. Yes, sir. 

Representative Stephens. For the reason that they are here to-day 
and there to-morrow, following their herds over this vast domain? 

Commissioner Eliot. They are nomadic. The boarding school fits 
those conditions as well as the day school, or better. 

Representative Stephens. How many of these boarding schools 
are there? 

Commissioner Eliot. There is a history in wdiich we can take no 
pride. Thirty years ago the Navajo were promised schools for all 
their children. It is only within the last two years, sir, and I think 
under your own direction, that adequate appropriations have been 
made to carry out that 30-year-old promise. Last year an appropria- 
tion of $130,000 was made. This year's bill contains another similar 
appropriation, and I believe that under the jurisdiction of the present 
Commissioner of Indian Affairs and the superintendent on the spot 
that will be admirably expended. 

Representative Stephens. Is it not impossible to have day schools 
on these reservations, for the reason that the Indians are not located, 
and do you not believe it would be feasible to allot to Indian fami- 
lies — say, 10 to 50 families — who have from two to five children each, 
lands in some community where they could have water supplied to 
them by either Avells or reservoirs, so that we could build up villages 



BOARD OF INDIAN COMMISSIONERS. 677 

where we could have day schools on the reservations that wonld piac- 
tically reach all of these Tndijuis ? 

Commissioner Eliot. That is a very interestin<2: snf>:<>;estion, en- 
tirely dependent on the discovery of adeciuate water sujiplies, and 
the bill contains a considerable appropriation for that exploration. 

Ivepresentative Stephens. I am sure that it can be found, because 
I once owned a cattle ranch in that country, and I am perfectly 
familiar with it all, and I am satisfied that it is the only feasible 
solution of bringino- the schools to those Indians and not taking the 
Indians to the schools as we are doing now. 

Senator Lane. I Avould like to suggest the idea, inasmuch as these 
Indians are nomadic and travel over the range with their sheep, why 
not provide them with outdoor schools, such as the whites are adopt- 
ing, and letting the teachers go along with the Indians instead of 
putting them down in a nest and subjecting them to the danger of 
tuberculosis, which v.ould be probably less if they continue to be out 
in the fresh air? 

Commissioner Eliot. Outdoor schools are admirably adapted to 
that district. I should not care to have the job of the teacher who 
would travel along with the nomadic Navajo. 

Senator Lane. There are lots of people who would do that. 

Commissioner Eliot. Have you any further questions? 

The Chairman. There apjDears to be nothing further. Doctor, 
thank you. 

Commissioner A'aux, jr. ]Mr. Ketcham has some further report 
on the investigation of the same committee, of which he and Dr. 
Eliot were members, and following that Mr. Docckweiler will have 
a few words, and then we are through with what we want to present. 

STATEMENT OF WILLIAM H. KETCHAM, MEMBER BOARD OF 
INDIAN COMMISSIONERS, WASHINGTON, D. C. 

The Chairman. Very well. Dr. Ketcham, we Avill hear from you 
no^v. 

Commissioner Ketcham. Dr. Eliot has given you the report, ]\Tr. 
Chairman, of our observations among the tribes of New Mexico and 
Arizona, with the exception of tlie Mesralero Apaches, of New Mex- 
ico, and the Fort Sill Apaches, two tribes that I visited alone, and 
he could not join me in time to make that visit. There are only a 
couple things that I wish to call attention to in regard to these two 
bands of Indians. 

At Fort Sill the work of locating the 88 Indians who chose to 
remain there is a matter purely of administration here in the de- 
partment, and is progTCSsing "as favorably as possible under the 
circumstances. Howe^^er, the^friends of these Fort Sill Apaches con- 
tend that each one should receive 160 acres of land in allotment, 
and the money appropriated for that purpose is not sufficient to 
buy these allotments. It will be sufficient to purchase the home- 
steads for the families to live on, but the residue will not purchase 
160 acres for each of the minor allottees, so that if this acreage is to 
be obtained further appropriation will have to be made. I am only 
stating the facts and not making any suggestions. 



678 BOARD OF INDIAX COMMISSIONEES. 

Senator Townsend. What are the merits of the case — what do you 
think about it ? 

Commissioner Ketcham. That would be my personal opinion. I 
think the Board of Indian Commissioners has contended for 160 
acres of land for these Indians as a just proposition. They thought 
each one should have as much as the ordinary settlement in 
Oklahoma. 

The Chairman. The Mescalero Indians resent the coming of the 
Fort Sill Apaches, do they not? 

Commissioner Ketcham. I was just at this point going to speak 
of the Fort Sill Indians — those that remained in Oklahoma. Per- 
sonally I must admit that if the Indian would work 160 acres of 
land I should think it would be a real need for him to have it, but 
as a rule 'the Indians rent a good portion of the lands, and I am 
not sure that it is absolutely necessary for each child to have 160 
acres ; but I would not like to make a recommendation in that matter, 
since others contend, as a matter of justice, these Indians should 
have the same amount as other Indians have to-day. I think that is 
the contention. 

That is all I have to say regarding the Fort Sills, unless there are 
some questions to be asked. 

I then went to the Mescalero, and I believe this commission was 
at Mescalero before me. In fact, the agent seemed somewhat dis- 
turbed to see so many people coming to lock o\'er the countrj^ ; I found 
this condition, that there is beginning to be some friction between 
the Mescaleros and the Fort Sill Indians. My observation — borne out 
by the testimony of all with whom I spoke, and I spoke with every 
person that I could find familiar with affairs there — that the reserva- 
tion will not support the people by agriculture. There is not enough 
agricultural land. It will, however, give them homes and give them 
a certain amount of employment and sustenance. The game will 
not be sufficient to piece out this existence, and the common con- 
sensus of opinion seems to be that stock raising should be tried on 
that reservation, and in a report made out — and which will be sub- 
mitted — you will see that I recommend simply an appropriation be 
made to enable the Mescaleros to have a herd, and that the money 
already belonging to the Fort Sill contingent on tbis reservation be 
used for that purpose for them, and that the reservation thus stocked 
witli cattle, and the cattle business carried on in a businesslike man- 
ner; if it is not there is no use to undertake it at all. 

Those are the observations w^e have made on that reservation. In 
the Indian bill, I am not sure, but I do not think provision has been 
made for this. Mr. Chairman, can you answer that? 

Representative Stephens, No; it has not. 

Commissioner Ketcham. We requested $200,000 or $-250,000 be 
appropriated for that purpose and if it has been left off the bill we 
would certainlv recommend that the Senate put that amount in. 

The Chairman. An appropriation of $200,000 or $250,000 for 
helping stock the reservation. Have you worked out a plan under 
which this plan could be inaugurated — I mean the practical details 
of that; has that had your consideration? 

Commissioner Ketcham. We have given that consideration. 

The Chairman. The great difficulty about spending an enormous 
sum of money that way is the danger that it will not be prudently 



BOARD OF INDIAN COMMISSIONERS.. G70 

expended. It is frequently true that persons who are thorouglily 
competent to discharge the ordinary functions relating to an agency 
would not have the experience and training necessary to conduct a 
new^ enterprise of that sort, and, of course, it is desirable — it is the 
very essence of the matter — that it should l)e handled with the very 
best business judgment possible, as you yourself have suggested, and 
I think the details in a case of that sort are quite as important as 
the general proposition. It appears that at a great many agencies 
experimental farms are being conducted and demonstration work is 
being done, and that the agents themselves pay no attention to it 
whatever. They do not even know, in some instances, Avhat crops 
are grown, and instead of it being a successful and profitable enter- 
prise, it is rather, in some instances, possibly doing harm and doing 
damage, because it is encouraging lack of thrift rather than stimulat- 
ing thrift. 

Commissioner Ketcham. I agree with what you said, except that 
the agent can not be charged with the details of this, excepting as a 
matter of supervision. The practical stock men must be employed 
and given full control of the management of this herd, using the 
Indians as far as he can in the w^ork. Of course, the reservation will 
have to be fenced — the question of line riders and brands and the 
removal of cattle from one altitude to another, according to different 
seasons, and the sale of cattle at certain times. Senator Fall has 
written me a letter on that subject. We had a conference the other 
day. He raised the question as to Avhether it would be more profit- 
nble to have a herd on there or to continue leasing to outside men. 
However, he admits that a certain number of cattle can be success- 
fully cared for on the reservation, and we are of the opinion that a 
trial ought to be given to it, because it seems to be about the best 
opportunity for experimenting in cattle raising among Indians that 
we have before us. 

The CiiAimiAN. What sized herd do you think the reservation 
would sustain? 

Commissioner Ketcham. Well, at that time I Avas told by various 
parties, who have known the reservation — Avhile I have gone over 
it, yet I am not enough of a stockman to judge in these matters, 
although I am a Texan^who said 10,000 head, but I scarcely think 
that it w^ould support so many, and Senator Fall agrees that 10,000 
head may be kept on there, provided they were sold off at the proper 
seasons and the matter conducted in a business way. Very probably 
the number Avould be something less than that. 

Representative Stephens. Would it not all depend on the rainfall 
and snowfall? 

Commissioner Ketcham. I think the seasons are not very variable 
there. There is a good deal of snow in the mountains in the Avinter- 
time, and they have rainfall, which is about the same. 

Senator Toavnsend. They have pretty good rainfall. 

Commissioner Ketcha:m. A good deal depends on the management 
of the cattle. The high altitude is better for the sunmier range and 
the loAver altitude for the Avinter range, and they should be protected 
in this Avay. It is a question of business method, and a good, prac- 
tical stockman might make a success of this proposition. 

This is all the recommendation we haA^e to make, except Ave wish 
and to urge that this experiment be tried, because I Avas speaking with 



680 BOAED OF INDIAX COMMISSIONEES. 

Gen, Seott, at Fort Bliss, and he said that he tliought Mr. Sells, 
in his advocacy of stock raising- among the Indians, was starting 
something worth while, and he suggested at Fort Apache those In- 
dians will need something to support themselves with, and that 
stock raising is the only thing that they can have recourse to there, 
after the soldiers are finally moved away. They live to-day from 
the fort. 

Senator Townsexd, These are in Ncav Mexico? 

Commissioner Ketcham. Those are Apaches who are dependent 
on Fort Apache. I do not know what band of Apaches they are 
over there in Arizona, but he asked me to call attention to them here. 

Representative Stephens. They are San Carlos Apaches. 

Commissioner Ivetcham. The}^ are San Carlos Apaches, I think. 

Commissioner Vaux. We want the commission to understand that 
the detail reports in writing will all be submitted that come to our 
board from these several committees. They were presented to us 
yesterday in our first session and adopted, and it is simply a matter 
of the necessary labor of having them transcribed for submission in 
the concrete form. We have asked Commissioner Dockweiler to say 
a word to you, and the hour is getting pretty near to that when you 
wished to adjourn, and so that will conclude what we wish to say. 

STATEMENT OF ISADOE B. DOCKWEILER, MEMBER BOARD OF 
INDIAN COMMISSIONERS, LOS ANGELES, CAL. 

Commissioner Dockweilee. Mr. Chairman and gentlemen, I will 
not detain you any length of time. I desire to say that I reside at 
Los Angeles, Cal., where I was born, and that on December 20, 1913, 
I received a telegram from Secretary Lane, asking me to go on this 
board. Prior to the receipt of that telegram I had absolutely no 
knoAvledge of the existence of this board, except in a very general 
way, and I was not a candidate either for this position or any posi- 
tion in the Government service. I have a little reservation of my own 
at Los Angeles, and a family of 11 children, and I thought, up to 
December 20, that that ought to be sufficient to engage my attention. 

The Chaieman. Are they all good "Indians," Mr. Dockweiler? 

Commissioner Dockweilee. Senator, I am delighted to report that, 
so far, they are very good " Indians." 

Representative Stephens. Are they still on the "reservation"? 

Commissioner Dockweilee. They are still on the " reservation," 
wdiich fact might probably make a difference; I hope not. Since 
coming to Washington, in connection with some little business mat- 
ters that had to be attended to prior to the meeting of the board, I 
have had occasion to consult with Secretary Lane and Mr. Sells, 
Commissioner of Indian Aflairs; the secretary of our board, and 
various Congressmen and some Senators, and other people generally, 
and I find, gentlemen, that there is a clisposition to do away with 
the board. Now, I want to say, gentlemen, that although unac- 
quainted with the members of the board prior to coming here, I have 
made it an object of this visit to get acquainted with each and every 
member of the commission who has appeared. There are nine of them 
present in the city at the present time ; and I Avant to say that as the 
result of the information that I have secured, not onlv from the 



BOARD OF INDIAN COMMISSIONERS. 681 

gentlemen themselves but from outsiders, that it would be a very 
distinct loss to the Government to separate itself from a connnission 
composed of^)ther than myself — men of such dislJn<<;uishetl charac- 
ter and experience in life: eveiy man — I am not speakin<r for my- 
self — has been a success, and I do not believe tiiat tiiis Government 
can secure the service that these gentlemen have been and are render- 
ing and are willing to accord to the Government for the salary that 
the Government could pay any number of men who woukl be as 
efficient. 

I am going to speak rather plainly. It is possible that in times past 
there may have been friction between this Iward and tlie Interior 
Department and the Bureau of Indian Affairs. After consultation 
with my associates. I Avant to say that I believe, sincerely and hon- 
estly, that each and every member of this board is actuated by the 
same sentiment of loyalty to our Government as inspires me — willing- 
ness and desire, pronounced and quite distinct, to serve the Govern- 
ment — and I am sure that if there luis been any difference in the 
past, that from now on there will be none. I conceive it to be the 
duty of this board to advise from time to time the Bureau of Indian 
Affairs and the Interior Department: and I want to say that there 
will be absolute cooperation between this board and the Secretary 
of the Interior and the Commissioner of Indian Affairs and the 
Bureau of Indian Affairs. 

Senator Townsend. Mr. Dockweiler. you do not mean by that this 
board is going to advise the Secretary of the Interior as he wants to 
be advised ? 

Commissioner Dockweiler. No. Senator. Of course, we will not 
suppress our individuality by any means. I certainly would not my- 
self. I would not surrender my independence for any man. and I 
am sure the same could be said of the balance of the commission ; but 
there are methods of doing b.usiness. For instance, if we have a re- 
port to make. I think we should comply with the law, and I think the 
report should be then submitted to the proper authorities in the 
proper way. I do not think that there is a disposition on the part of 
any commissioner to be antagonistic to the department in the sense 
that there will be a desire to do "politics." Mistakes may have been 
made in the past, and I want to say that from now on there will not 
be any difficulties in that direction— at least, I hope not— and there- 
fore, with' that situation as it is. I believe that this, as in the past, 
will be a most efficient arm of the Government. It has been ttrged 
that this board is something like u fifth wheel to a wagon. Com- 
paratively that might appear to be true, but it is not so in fact. The 
Indian Bureau is somewhat different from every department of the 
Government. It is not like the Xavy Department or the Army or 
any other department of the Government. We all know that the 
matter of dealing with the Indian affairs involves most delicate prob- 
lems, problems of race and of a great many other things, and it 
would seem to me that the advice and the counsel of this board will 
be — composed, as it will be. other than myself, of men ()f such dis- 
tinguished character and proven success in their chosen fields in the 

past would be of great service to the Government. I might elabo- 

late and go into details, but the time forbids, and I do not think it is 
necessary^ I will be glad to answer any questions. 
35601— PT 7—14 S 



682 BOARD OF INDIAN COMMISSIONERS. 

The Chairman, ITav>p you rinm^. ^iny active work since you became 
a member of fhe Board of Indian Commissioners? 

Commissioner Dockwbilek. No; not yet. 

The Chairman. You are a lawyer, T take it? 

Commissioner DocKWEiLER. Well, I am practicing in the profes- 
sion. We .sometimes make a distinction. I am doing the best I can, 
Senator. 

Kepresentative Stephens. Yon are threatening to practice. I be- 
lieve. 

The Chairm.\n. I wish to a.ssnre you that I was not trying to make 
the distinction you made. 

Commissioner Dockweiler. I am afraid I personally am not old 
enough to say that I am a lawyer, in the old sense. I am still a be- 
ginner, in a way. 

The Chairman. Gentlemen of the Board of Indian Commissioners, 
we are very glad to have heard you this morning and to have met in 
person, and we shall take the liberty of commvmicating with you or 
such members of the board as we think may have further informa- 
tion of advantage to the commission in the discharge of its duties. 
Is there anything further, gentlemen? 

Commissioner Vattx. Only to assure you. Mr. Chairman and gen- 
tlemen, that this board will be only too delighted to be called upon 
for anything whatever that may be in its possession, either jointly 
as a board or individually as members, that you may wish to have, 
that may be of assistance to you in connection with the administra- 
tion of Indian affairs. We want to be considered in the position of 
servants in this great cause. 

The Chairman. The commission will now stand adjourned. 

(Whereupon, at 12 o'clock noon, the commission stood adjourned, 
to meet at the call of the chairman.) 



FORTY-FOURTH ANNUAL REPORT OF THE BOARD OF INDIAN 
COMMISSIONERS. 

Office of Board of Indian Oommissionkrs, 

Waxhimjton, D. C.. i^epteniber 1, 1913. 
Sib: We haxe the houor to submit the Forty-fourth Annual Report of the 
Board of Indian Commissioners for the fiscal year ended June 30. 1913. 

REVIEW OF YEAIl's WORK. 

Ill reviewing the year's work the most important points which claim attention 
under this he.idiiifr are the following: 

I. The recognition by the Secretary of the Interior of the in.-reasing necessity 
for the cooperation of this board in the administration of Indian affairs as 
indicated in his recommendation to Congress. 

II. The attention given by members of the board to the purchase of supplies 
for the Indian Bureau. 

III. The cooperation with the War Department and the Department of the 
Interior in arriving at an equitable method of settling questions involved in the 
setting at liberty of the Fort Sill Apache prisoners of war. 

IV. The extended trip of Conmiissioner Moorehead in Oklahoma in continu- 
ing investigations respecting the conditions among the Five Civilized Tribes. 

V. Several stated meetings of the board. 

VI. The change in the secretaryshiji and in the location of the offices of the 
board. 

VII. The appearance of members of the board before the Senate Committee 
on Indian Affairs. 

The most important fact in connection with the work of this board during 
the past year was the recognition by the Secretary of the Interior of the grow- 
ing importance of the board's cooperation in the administration of Indian 
affairs as indicated in his recommendation to Congress of an increase from 
S4.000 to $10,000 in the appropriation for the expenses of the board for the fiscal 
year 1914. 

The steadily increasing number of allotments of land made to individual 
Indians, the increase in the density of white population on Indian reservations, 
the extension of railroads, telegraph lines, and other agencies of civilization 
to the borders of large reservations formerly closed to a large extent from the 
competitive commercial conditions of modern civilization, and the constant 
growth in the business of the Indian Bureau in meeting and handling the addi- 
tional difficult and complex problems imposed upon it by these rapidly chang- 
ing conditions in the Indian country, together v^^ith many other additional 
burdens, such as the determining of heirs of deceased Indian allottees imposed 
upon it from time to time by acts of Congress, have for some time impressed 
this board with the need of very greatly increased activity on its part in order 
properly to perform the functions imi>osed upon it by Congress. The volume, 
as well" as the complexitv of the work, is increasing. As a consequence, there 
are more problems to-day vitally affecting the property rights and the future 
phy.sical, social, and moral welfare of the Indians which require the earnest, 
careful exercise of this board's legal functions than at any time since its organi- 
zation by President Grant in 1869. At its last annual meeting the board very 
fully discussed ways and means to meet its increased responsibilities, and 
decided definitely to' enter with renewed activity into the field of Icgishition ;iiid 
investigation in connection with Indian administration. 

That the Secretary of the Interior has officially recognized the possibility of 
helpful cooperation and service on the part of this board by recommending to 
Congress an increased appropriation to bear its expenses is most encouraging. 
It is significant also to note that Congress, by appropriating $25,000 to bear the 

683 



684 BOARD OF IXDIAX COMMISSIONERS. 

expenses of a ciminiirtee of Congress ro investigate Indian affairs, lias re -ognlzed 
the need of men independent «>f the Interior Department to looi^ into the most 
difficult and comiilex luuhlems connected with the projiertv interests and social 
welfare of the (Toveninienfs Indian wai-ds. While there is no doubt that a 
committee of Congress will gain very valuable information bearing on Indian 
legislation, this board, independent as it is from iiolitical parti'es or from 
bureaus or divisions of any department of the Government, is imdoubtedly in 
po.sition to render service of peculiar value through wholly independent investi- 
gations and by giving to Congress, as well as to the President and the Interior 
Department, the results thereof. 

While the board has been hampered as in previous years by the lack of a 
sufficient appropriation to perform the numerous and important functions im- 
posed upon it by Congress, the work performed by it during the past fiscal year 
has been of rather more than usual interest and importance in connection with 
the administration of Indian affairs. 

Commissioner Vaux participated in the selection of samples and the purchase 
of supplies for the Indian service at Chicago on April IT. IS. 19. and 20. 1913, 
and by correspondence and direct communication with the Indian Office, kept in 
close touch with purchases made at St. Louis on May 13. 14. 15. 16. and 17. 
He personally advised with the Acting Commissioner of Indian Affairs with 
respect to all close and disputed questions relating to the making of awards. 
(See report of Commissioner Vaux. Appendix A.) 

The most important i»art of the board's work for the year was in cooperation 
with the Indian Office and the Department of the Interior in working out a 
fair. just, and equitable plan for the removal of the Fort Sill Apache prisoners 
of war from their lands on the Military reserve in Oklahoma to their homes on 
the Mescalero Reservation in New Mexico, and the continuation by Commis- 
sioner Moorehead of the investigation of the affairs of the Five Civilized 
Tribes in Oklahoma, begun last year by Connnissioner Vaux. 

The removal of the Fort Sill Apache Indians and their transfer from the 
jurisdiction of the W^ar Department to that nf the Interior Department has 
been accomplished in a manner highly creditable to the Government, and in a 
way that not only fully provides f<»r the i)hysical needs of the Indians in their 
new homes, but offers in the future a means of proper civilization and develop- 
ment. 

The progress made in connection with the affairs of the Five Civilized 
Tribes is also gratifying, considering the difficulties to be overcome. The ap- 
propriation of $250,000 carried in the Indian appropriaton act for the fiscal year 
ending June 30, 1914, provides for practically the same forces of employee's as 
was provided last year for taking care of the affairs of the individual members 
of these tribes, and apparently has permanently checked the movement in favor 
of eliminating from the field the Federal employees engaged in protecting the 
individual property interests of these Indians. 

During the year the board held a meeting at Mohonk T>ake. N. Y.. October 
23-25, 1912. and the annual meeting at Washington, D. C. January ]5-17, 1913. 

Mr. H. C. Phillips resigned as secretary of the board in December. 1912, and 
his resignation was acceytted to take effect in April, 1913. Mr. F. H. Abbott 
was elected secretary of the l)oard in January. 1913. with the understanding 
that he should remain in the position of Acting Commissioner of Indian Affairs 
until a new Commissioner of Indian Affairs should be appointed and arrange- 
ments made to dispense with his services in the Indian Bureau. 

The saving made to the board in secretary's salary during the last few months 
of the fiscal year 1913 enabled the board to purchase greatly needed office equip- 
ment for its new office rooms provided in the building on Eighth and E Streets 
NW., occupietl by the Bureau of Mines. These new rooms are well adapted for 
the purposes of the board and are now provided with up-to-date filing cabinets 
and office fixtures necessary to meet the demands of increased activity, which 
it is the purpose of the board to exercise in the future in connection with Indian 
affairs. 

On January 17, 1913. Commissioners Vaux. Walker. Moorehead. Knox. Ayer. 
and Ketchum appeared before the Senate Committee on Indian Affairs (see 
printed hearings before Senate committee, pp. 3-20, inclusive) and expressed 
their views at length on some of the more important items contained in the 
pending Indian bill and also pi'esented arguments for a larger appi'opriation, 
in order to enable the board properly to perform the functions imposed upon it 
by Congress. They received a most attentive hearing on the part of the Senate 
committee. While the appropriation for the board's expenses was not increased, 



BOARD OF IXniAN COMMIS-SIONERS. 685 

it is to l)e hoped rli.it a larijor approiiri.-itioii will ho made for the next liseul 
yea r. 

THE INDIAN Bll.l. FOR I'JU. 

The Indian appropriation act for the hs.al y,>ar IMU r.jntains many excellent; 
provisions. A few of the more important items are <liscnssed hriettv in the fol- 
lowing paragraphs : 

To irlicrc (listless a, id i>nr, i,l »//.vr*/.vr. -The evidence of the awakening of 
Congress to the imi)erativ»' need of action to protect the health of Indians rnd 
prevent the spread of tuhercnlosis and trachoma among them is most grati- 
fying. While tlie appropriation for I'.n.-, for this purposi' was only .■:;!>( ).()()<). the 
Indian Rnrean will have for 11)14 ^2(X).n(M), an increase of aho-.it" ::.">(» per Cent 
over its former appropriation. 

Si(l)l)rcs.sii>it of UtiHor tnifflc.-^X high-water mark w.is .ilso cstahlished in the 
appro])iiation of .$l(i0.tiO(( for the .suppression of tlie ll(nior irallic among Indians 
as compared with .^T.l.iKiO the highest previous a])projiriation, which was made 
for the fi.scal year lOi;!. The decision ^f the c.mrts in the cases of U. S. Express 
Co. V. Friedman. Exjtarte Charli.> Webh, and Mosier r. ( . S. in eastern Okla- 
homa, have extendeil the jurisdiction of the officers of the Indian iiipior service 
to this territory. This has very grejitly increased the burden of i-csponsihility 
of the Indian Bureau in this hrancli of its work, so that the increase of .*fi'."i.(M»() 
will be largely lonsumed in the prosecution of li(pior-sui)pression work in 
Oklahoma. 

Purchase of gomls ami supplies for ihe Indiun >t<rrirc. — Another important 
increase in appropriation granted by Congress was made to pay the cost of pur- 
chasing and transporting goods and sui)plies for the Indian Service. This 
appropriation was increased from $285,000 to $300.0tM). and it was provided also 
that all wagon tiausportation from the point where delivery is made by the last 
common carrier to the agency, school, or el.sewhere, should hereafter be paid 
from funds appropriated or otherwise available for the purpose of the schools 
or agencies f(>r which the supplies to be transferre<I are purchased. I/'st year, 
with an api)ropriation of $285,000. there was a deficit of about $r>O.0<M) in this 
item. While this deficit, in fact, represents a net saving to the (Jovernment as 
a result of the policy of the Indian Bureau to take into <-onsiilt'ration lowe.st 
land-grant freight rates in :naking purchases for the Indian Service it is not a 
wise business policy to work on deficits. The .action of Congress, therefore, 
in making provision that v.ill enable the Indian Bureau to meet its obligations 
in connection with the purchase .-ind transportation of sni)plies for the Indi.-m 
Service without reporting deficits is a stej) in the right direction. 

For deteniiining lieirs of deeeuscd (lUottees. — Another item in this bill which 
meets with the hearty indorsement of this board is the appropriation of $50,000 
to deternune the heirs of deceased Indian allottees. It is hoped that the Indian 
Bure.-iu will not overlook its duty under this i)rovision to give speci;il attention 
first to those reservations where the industrial needs of the Indians :ire the 
greatest and where the individual Indians lack resources with which to improve 
and equip their individual allotments, exi-ept as they are able to obtain such 
resources from the sale of their interests in inherited lands. 

For eucoura(jiiig iudustr!/ uniong ludiiins. — We strongly commend the policy 
established in the appropriation of $1(K).000. reimbur.sai)le. to be loaned to 
worthy :ind deserving Indians to eu.al>le them to stock and equip their allot- 
ments with a view to becondm; self-supporting. This .sort of help is needed 
by Indians who have ;iniple resources in the way of land fully to secure the 
amount advanced by the (Jovernment, but who lack the credit ordinarily ex- 
tended by commerciiil banks to white men in similar circumstances with which 
to make that land productive. This .appropriation is in the nature of a 
'• revolving fund." which m.-iy be useil over and over again by Indians for 
the purchase of live stock and f.arin etiuiinnent and repaid by them out of 
money earned through their own efforts, supplying the place of the commercial 
bank.' while at the same time avoiding the pauperizing result that follows the 
gratuitous purchase of sr.ch equipment or live .stock for them, or the bestowal 
of other gratuities upon them without at the same time requiring them to shoul- 
der i-espoiisibilities. and giving them opportunity to learn the value of money 
and gain l)usiness experience necessary to make them .self-supporting. The 
board expresses the hope that this policy of establishing " revolving funds" for 
Indians, either l)y dire<'t .ippropriation of Congress, or. where possible, by the 
use of tribal funds, will be continued .and emphasized m the future ailministra- 
tiou of the Indian Bure.in. 



686 -BOARD or INDIAN COMMISSIONERS. 

Other iutportdiit it< lus- in the Indian hill. — OtluT items of more than ordinary 
importance carried in the Indian bill, which have this board's approval, are 
items limiting attorneys' contracts with restricted Indians: the withholding of 
annuity payments of the Osage Indians to Induce them to place their children 
in school ; provisions for schools and other expenses of administration of the 
Five Civilized Tribes in Oklahoma. 

AGRlCrLTURE. 

For several years this board has emphasized the necessity of practical train- 
ing in agriculture as fundamental in the process of the civilization of a large 
majority of Indians. The reports of the Indian Bureau — and these reports are 
borne out by the observation of those who have had opportunity recently to 
inspect Indian reservations at first hand — indicate a gratifying increase in agri- 
cultural industry among Indians in all parts of the country during the past 
few years. We wish to commend the emphasis placed on this branch of its 
work by the Indian Bureau during the past year, and especially the steps taken 
to improve the quality of its farmers. The recent division of the country into 
four civil-service districts and of holding fanners" examinations quarterly, the ^ 
importance gi\'en to practical experience in the examination questions, and the ' 
krict instructions to inspecting olKcers to pass most critically upon the work 
of farmers and to rate their efliciency solely on their success in inducing and 
assisting Indians to cultivate their own lands in a protitable and proper manner, 
if followed up by future administrations, will undoubtedly work gratifying 
results in the industrial evolution of the Government's Indian wards. The in- 
creased agricultural activity among the Indians on numerous reservations 
through the intelligent and practical work of trained farmers justifies the em- 
phasis which has been placed on this subject. 

IRRIGATION. 

The duty and responsibility of developing irrigation projects in order to sup- 
ply water to make iiossible the agricultural develoimient of hundreds of thou- 
sands of acres of arid ;iud semiarid land on the large Indian reservations in 
the West have brought the (Government face to face with new and difficult 
problems. On the Yakima Reservation water rights running into the millions 
of dollars are at stake in the determination of the issue as between Indians 
and white settlers. The investigation of this question by a committee composed 
of Members of the Senate and of the House, provided for in the last Indian 
bill, should have most careful attention and consideration of officials of the 
Indian Bureau. Water rights of almcst equal value to the Indians are involved 
on the rintah and (Mir:;y Reservation in Utah, on the Wind River Reservation 
in Wyoming, and on the Fort Hall Reservation in Nevada, where there is 
danger of loss to the Iiidiaus. through the application of State law. of valuable 
water rights under projects constructed at great expense out of Indian funds. 
There is great variance in the laws making appropriations for the construction 
and mainteiiance of irrigation projects on various Indian reservations, as well 
as a diffei'ence in financial conditions of the Indians on the various reservations, 
and a difference in methods of operating and maintaining irrigation projects 
which call for most careful consideration. Onring the past fiscal year steps 
have been taken by th? Iiidian Bureau to wcrk o;;t a plan v.-!:oreby tho cost of 
maintenance and operation may be charged against the land benefited and a 
uniform system of cost accounting established on the various projects. We 
recommend that this work be diligently pursued with the view of making Indian 
irrigation projects self-supporting and chargeable against the lands benefited, 
so as to induce Indians benefited thereby to realize the value of these projects 
to them, and gradu.ally to assume in an intelligent manner the full resjionsibility 
for the u]ikeeii of the same. We recommend in this ctmnection that steps be 
tak(Mi either through the Oejiartment of Justice or through ccnnpetent em- 
ployees of the Interior Dei artment to collect evidence where the same is neces- 
sary to a successful prosecution of suits for the determination of water rights 
where there is an issue between Indians whose rights are believed to have been 
established by treaty or statute and white settlers claiming rights undei- State 
laws or otherwise. We also urgently reconnnend immediate action looking to- 
ward the harmonizing by Congress of various statutes affecting Indian water 
rights in diffei-ent jiarts of the country. 



BOARD OF INDIAX C0M.MI8SI0NEK.S. 687 

uEAi/nr. 

We have already expressed briefly our apprcval of the iucreased appropria- 
tion for 1914 for the protection of tlie health of Indians. In view of the abnor- 
mal death rate amone: Indians from tuberculosis and the spread of that disease 
and of trachoma amontr them, we recommend that Congress be asked to in- 
crease this fund still more in the next Indian bill in order not only that physi- 
cians and trained nurses may be employed to cover the whole ground, but that 
the salaries of those employees may be increased so as to secure and retain 
the services of those thoroughly competent. It is to be regretted that Congress 
did not see fit to appropriate at least a small amount for hospitals for the treat- 
ment of cases among adult Indians in order to supplement the hospitals alreadj' 
established in connection with many of the best Indian schools. The hearings 
before the Senate Committee on Indian Affairs during the Sixty-iiiird Congress 
indicate that the question of thf' future cost of maintaining such hosjiitals, if 
established, was the chief stumbling block. In order that this obstacle may be 
removed in the future it appears to us that it may be feasible for the Indian 
Bureau to work out a system of fees in connection with service in one of iti» 
present hospitals, where Indians outside of schools are admitted, so as to 
make such hospitals to as large degree as possible self-supporting. Such data 
%vould be of great value in presenting estimates hereafter. If a system could 
be worked out whereby the Government would have t<i make investment only 
in the hospital iilant and upkeep, having the cost of maintenance met largely 
from an income from fees charged the patients, it appears thar it would be very 
much easier and more practicable to secure appropriations from Congress neces- 
sary to develop this very important auxiliary to its health work among Indians. 

SUFPKtSSiOX OF IXTOXJCANTS AMONG i.NniANS. 

We ni(»sr heartily conjmend the aggressive work of the Indian Bureau in its 
efforts to suppress the liquoj- trattif among Indians. It is recognized that ab- 
stinence from the use of intoxicants on the part of Indians is essential to their 
Industrial as well as social improvement, and as a means also to ilie prevention 
of disease among them: and we especially approve the action of the bureau 
during the iiast year in including i^eyote among th»^ intoxicants which its 
officers are instructed to sujipress. 

PIMA. 

Fill- many years this b(»iii'd has been urging relief for ihe i'inias. In our 
report last year we stated. •" It is unspeakably unfortunate to Lave deprived 
Indians like the Pimas. who for generations have had the habit of work, and 
who can and would support themselves, of the means of self-support." and we 
express the hoi>e that a means will be found for the develoi»ment of ample 
" water for the irrigation of not less than 10 acres for each member of the 
tribe." It appears that there is no difference of ojiinion among th(»se acquainted 
with the cnnditions of the Pima Indians on the question of what is needed. 
All agree that the Government should restore to these Indians water rights 
which they have lost. But this restoration will not ^-ome through merely 
agreeing ujiun the faci of the need. Steps must be taken direciiy and vigorously 
to restore these water rights. The important question is. How can this be done 
successfully V Congress has shown its willingness to get at the root of the situa- 
tion by appropriating .$lo.O(Xi for the use of a board of Arn)y Engineers to pass 
upon the question of the feasibility of the San Ca.rlos I)am and ReserA'oir. 
The findings of that board are not yet available: regardless of those findings, 
however, the Indian Bureau has recognized the importance of getting at the 
exact value of the Indian's water rights. A preliminary investigation by Indian 
Service enirineers and a specially trained representative of the Department of 
Justice during the .spring of 1913 indicates that it will cost at least $15,000 for 
a field examination to thrash out the facts to jirm the Department of Justice 
with the necessary evidence with which to go to court. We recommend that 
this investi^atioin'be besun at the earliest possible date, if funds are available 
from any existing appropriation, and. if not. that Congress be calleti upon for 
the special appropriation necessarj- with which to push this work to completion. 
Anything short of a complete and finished job on the pj^rt of the Government 
In "behalf of these Indians will not be suflicient. 



688 BOARD OF INDIAN COMMISSIONERvS. 

WHITE EARTH. 

Condi! i.iiis ot White Earth ar^ srill far from satisfactorv. The present 
status of the cases brought by the Department of Justice to 'recover title of 
lauds of minors and full-blood Indians alleged to have been illegally sold is as 
follows : 

The district court has decided that in order to come within the provisions of 
the act permiting tlie sale without restrictions of alloted lauds by mixed bloods, 
an Indian must have a (piantum of at least one-eighth white blood. An appeal 
has been tiiken to the circuit court of appeals, where the cases are now pending, 
and until a decision is rendered by the circuit court of appeals as to the 
quantum of white blood necessfiry to constitute a mixed blood, no further action 
can be hnd in these suits. 

Congress, the last session, provided for a commission to make a roll of the 
White Earth Indians, showing the degree of blood of each allottee, but this 
commission is not permitted to fix the quantum of blood of any Indian the title 
of whose land is now in question in the proceedings initiated bv the Department 
of Justice. 

While the solution of rhe difficult legal questions are dragging out through 
the courts, the lands of Incompetent adult mixed bloods are still in jeopardy, 
and the lands of incompetent mixed-blood minors, as fast as they reach their 
ma.1ority. are sub.ject to thp same danger. Pending the result of "the litigation 
in connection with this reservation, it appears to be of the first importance 
th.it legislation should he enacted -unending the so-called mixed-blood act in 
order to protect the lands of all incompetent mixed bloods, minor and adult, 
still remaining unsold. We therefore recommend that such legislation be 
pressed vigorously before the next Congress. At the same time, in view of 
the denioralizeii industrial condition among the full bloods and incomjietent 
mixed bloods .m this reservation, we recommend that every possible step be 
taken administrative!.-.- to ];rntect thrir ];rr;]-,city rights and improve their .social, 
moral, and industrial conditions. 

APAfjiE PKr.so>-r;Ks of war. 

The inclusion in the last Indian bill of an item of $100,000 for completing 
the relief and settlement of the Apache Indians formerly confined as prisoners 
of war at Fort Sill Military Reservation. Okla.. marks the consummation of 
the efforts of this board and many others, continued for many years, to remove 
the stigma of the title '' prisoners of war '" from these people. The responsibility 
of seeing that these people in their new environment, whether at Mescalero or 
on land jiurchased for tliem among the Kiowa and Comanche in Okl.ahoma, 
should have every opportunity for improvement and advancement now rests 
solely u])on the shoulders of the officials of the Indian Bureau. It is to be 
hoF)eti that that responsibility will be niet in a manner that will fully justify those 
who have been insisting upon .-shifting the jurisdiction over these i»eople from 
the military to the civil branch of the Government. While lands have been 
selected for them and steps taken to give them control of their individual 
property which they posi^essed while at Fort Sill, every possible effort sliould 
be made in the handing of their individual property so as to develop their 
sense of independence and resiionsibility and prevent anything like a backward 
industrial tendency or a going back from individualistic to tribal customs. 

The board has endeavored to assist in the .-settlement of all the questions in- 
volved in this move of such vital importance. Its secretary. Mr. II. C. Phillips, 
was a member of the conuiiission of three, one of the other members having 
been appointed by the War Department and the otlier by the Dejiartment of the 
Interior, which went to Fort Sill in December last and ]iersonally interviewed 
every member of the bond in order to tind out his or her individual jireference. 
As the result of the report submitted by this commission the decision was made 
as to wlio were t» t>e removed to Mescalero and who were to remain in 
Oklahoma. 

THK .NAVA.IO. 

Last year we recommended strongly an ai)pro]iriation to c-irry out the treaty 
obligations of tlie Goveiniuent to provide educational facilities fur the Navajo 
Indians. We are gratified to note that Congress has approjtriated $100,000 for 
this purpose, as well as $15,000 for the development of water for domestic pur- 
poses. Owing to the nomadic habits of these people and to the fact that they 



BOAFJO OF TXniAX C'O.M MISSIONERS. 689 

have bei'anie self-suiipm't iii.i; and sonic i>r ihcni wealtliy, we reconinieiKl that the 

utmost care Ite exercised in the establishment of the proposed s(,'h()ols and the 

proposed development of water that notliinK shall be done to interfere with the 
fixed habits of industry which have made these people self snpportin.ir. 

I i\ i: ri\ II izi I) TKiHis. 

The Indians of the Five ("ivili/.ed 'I'rilies. as to rest rii| ions, .ire divided into 
the restricted and nonrestrictcd classes !afi,'ely on the i)asis of the (piantnm of 
Indian blood which they liave. All Indians of more than three-fourths Indian 
blood are wholly restricted. Persons with less thati one-lialf Indian blood are 
wholly tinrestricted. and those who have Indian blood of more than one-half 
and less than three-fonrths are restricted as to their snrplns allotments. While 
the restricted Indians are consid(>red as a class inconiperenl. these classitications 
en the basis of blood are not always accurate, as some full-blood Indians are 
well educated and thoroughly competent to handle tlieir own affairs. On the 
other hand, there are Indians whose restrictions have been removed by law on 
account of their small dejrree of Indian blood who are thorouiihly incomp(>tent. 
and a sroat many of tlie frauds which have come to nur attention have been 
perpetrated on this class of Indians. 

An investiiration of probate matters in those counties of Oklahoma which com- 
prise the territory occupied by the Five Civilized Tribes shows that the estates 
of minor Indian children have l)een the prey of grafters. Nevertheless, there is 
opposition amoni? many of the Indians who are competent to the use of tribal 
funds for the protection of tlie incomiieteut Indians. I'hey contend that this is 
a use of the funds of competent persons for the protection of incomiietent mem- 
bers of their tribe: in otlier words, one citizen is made to pay for the protection 
of another. They contend that under the treaty stipulations between the dif- 
ferent tribes and the Ignited States the I'nited States is obligated to furnish 
what protection it deems necessary to the individual Indian at its own expense. 
This dissatisfaction on account of what some deem ro be an improper n.se of 
tribal funds has been one obstacle confronted by the Oovernmetit, as well as by 
the tribal attorneys who are engaged in this work. The last Indian Mpi>ropri- 
ation bill provided for the employment of probate attorneys with Federal funds. 
These attorneys should be carefully selected with the view of securing the serv- 
ices of men of ability and of undouI>ted integrity. 

Matters pertaining to the tribal estates of tlie Clierokec. Creek, and Seminole 
Nations have almost been completed. The tribal estates of these nations have 
been disposed of, so that there are very few tribal matters in those nations 
which deserve serious consideration. It will only be a matter of tinu' until 
they have l)een entirely disposed of. In the Choctaw and Cliickasaw Nations, 
however, it is entirely different. After each member of these two tribes had 
received land equal to :;20 acres of the average land there was left a residue. 
This residue of the tribal estate consists of the so-called timber reserve, the 
segregated coal and asplialt lauds, and the money reserved from the sale of 
unallotted land. The lowest estimate that has been ]>laced on this tribal prop- 
erty of the Choctaws and Chickasaws is .^^n.OOO.OOO. 

In what is known as the supplemental agreement between the Choctaws and 
Chickasaws and the Fnited States, which was authorizeil by .net of Congress 
Julv 1. l!i(»-_>. and ratitied by the Indians September 2.". T.h»2. it is provided that 
if each Indian has been enrolled and has received his allotment the residue of 
the estate shall be sold and the [iroceeds distributed per capita among the! 
Indians, This action was not taken by the I'nited States Covernment within 
the time specified in the treaty. After waiting a numl)er of years the Indians 
became dissatisfied with the dilatory manner with which the (iovernment had 
handled this matter. It was this dissatisfaction that caused the Indians to 
take kindiv to what is known as the McMnrray contracts. These contracts 
were exectited bv, it is claimed, more than 80 per cent of the individual Indians 
to Mr. J. F. McMnrray, an attorney of McAlester. Okla. Among other things 
the contracts provideci that Mr. ]\fcMnrray was to expedite the sale of this 
tribal property and distribute the funds per capita among the Indians, and for 
his services ^ir. McMurrav was to receive ]0 per cent of .all the money derived 
from the sale of the residue of the tribal estate. As statetl before, the residue 
of this estate is, at the lowest estimate, worth $35,00(),0< h> The representatives 
of the CUioctaw Nation took the McMtirray contracts before the Committee on 
Indian Affairs of the Fnited States Senate during the pre.sent .'ession of Con- 
gress, nrginij that the contracts were in vitilation t^f public policy and that Mr. 



690 BOARD OF IXDIAX COMMISSIONERS. 

McMurrny would, under the routract. receive a larjie fee witlumt being able to 
render services under the Cdiitract. and that the contracts l)ind .Mr. McMurray 
to do that vs-hich the X'nited States is bound by treaty obligation to do for the 
Indians. This action resulted in a provision in the Indian appropriation bill 
for 1914 that contracts with individual Indians affecting their tribal estate are 
invalid unless consented to by the United States. Before the incorporation of 
this provision in the Indian bill. Mr. ^McMurray addressed a letter to the com- 
nnttee surrendering all claim under his contracts to any portion of the tribal 
estate. This action has relieved the tribal estate of the Choctaw and Chicka- 
saw Nations of any lien that may have existed by reason of the McMurray 
contracts. 

We are convinced that the Government should ])rovide for the proper protec- 
tion of all restricted Indians and the projter supervision of probate matters 
affecting the estates of minor Indians, whether the minor happens to belong to 
the restricted or the nonre.stricted class. 

We do not wish to be understood as criticizing the Government for its pro- 
cedure in handling the tribal estates of these Indians, but we call attention to 
the fact that the delay of the Government in disposing of the estate of the 
Choctaw and Chickasaw Nations in accordance with the terms of their agree- 
ment is the caust' of the great dissatisfaction amcjng the Indians of those tribes. 
The Indians were distrustful of the promises made by the United States, and 
this dissatisfaction is an obstacle in the way of the proper protection of the 
incompetent Indians and makes popular the operations of persons who oppose 
the Government in its efforts to protect the Indians. The efforts of the Indian 
Bureau should be redoubled to take care of the interests of these Indians. 

Our attention has been called to the school situation among the Five Civilized 
Tribes. The tribal schools should be continued and should be supported from 
fluids of the tribe until it can be shown that pi-oper school facilities have been 
provided for all the Indian children by the State of Oklahoma and as long there- 
after as the Indian children need special attention and training. In many set- 
tlements the Indian children have an opportunity to attend the public schools. 
In the districts where the greatest number of full-blood Indians are found, how- 
ever, it has not been possible to maintain a great number of neighborhood 
schools by reason of the nontaxability of a great amount of the land in these 
vicinities. The Federal Government has appropriated $300,000 this year to 
supiily the deficiency in the school taxes of Oklahoma occasioned by the great 
amount of nontaxable land. Until there is no special need for the tribal schools 
they should be continued. 

SfKCl At, KKCO.M M EXDATIONS. 

In addition lo tiie recommendations contained in previous paragraphs, we 
wish especially to emphasize the following: 

I. The amendment in the last appropriation bill restricting (he expenditure of 
fimds for the allotment of Indians on the public domain to places outside of 
Arizona and New Mexico suggests the importance of immediate and thorough 
investigation into the whole ciuestion of public domain allotments in order that 
this important question may be presented to the committees <if the next Congress 
intelligently and effectively. 

II. The expenditure of approin-iations for allotment of land or the irrigation 
of the same, should go hand in hand with expenditures for the improvement and 
develoiiUieuT of those lands by the individual owners thereof. The appropria- 
tion of funds to allot or to irrigate raw lands, without at the s-me time pro- 
viding for the indi\idual Indians means of improving and bringing their lands 
under cultivation, not (.nly results in no benefit to them but in actual detriment 
by presenting an easy way to the leasing system and to consequent habits of 
idleness and dependence. 

III. In view of the numerous claims asserted by Indian tribes or attorneys 
interested in their behalf, in connection with alleged breach of treaty obligations 
on the part of the (lOvcrnment, it is recommended that trained men be assigned 
to a careful study nf all Indian treaties and of the history of administration 
thereunder, in order that the Secretary of the Interior hiiiiself (where prima 
facie ground for claims are found to exist) may recommend legislation looking 
Toward the securing of jurisdictional acts that will permit the proper presenta- 
tion of sucli claims before the Court of Claims under contracts with attorneys 
that proiterly safeguard the rights of the Indians. It is urged that such in- 
vestigation on the part of (iovin-nment employees is necessary in oi-dei- to avoid 



BOAED OF INDIAN COMMISSIONERS. 691 

the danj:*'V of the oniiiloynu'iit of attonicys ihkUt mu'oiiscidnalilc mMtracts wiili 
Indian tribes, and in order iironiptly and ri^hteonsly to dclcrniinc llic extent ef 
jnst claims of Indian tribes apiinst the (lovernnient. 

IV. We reeonnnend that in the administration of Indian property tlie greatest 
liberality consistent with the welfare of the individnal Indian be exercised in 
permitting him to make nse of his own fnmls derived as income from his own 
property, including: rentals of all kinds. Mhile at the same time the greatest care 
l)e exercised in the matter of granting certilicates of competency or i>a tents in 
fee to Indians not thoroughly comi)eteut to i)rotect their property. 

V. We commend the policy of i)lacing Indian childroMi in public schools 
wherever the conditions render sncli a course possible and advisable. However, 
we wish to exi)ress a word of caution against a too rapid tendency to do away 
with the boarding schools for Indian children in the case of those whose honse 
conditions are not such as to give them proper industrial and moral training. 

VI. We recommend that most careful attention be given to the affairs of the 
Pueblo Indians in New Mexico and Arizona, especially to their request to have 
the lands of their Pueblo grants taken over in trust by the Covennneiit. 

During the year tlie board lost through death two of its most able and dis- 
tinguished members. 

Albert K. Smiley, who was appointed a member in 187!>. died December 2, 
1912. Mr. Smiley"s interest in the Indians and knowledge of conditions among 
them arose from first-hand investigations in which he took the greatest interest, 
and the results of which were manifest wherever he was able to bring his wide 
influence to bear. As the founder of the Lake Mohonk Conferences of Friends 
of the Indian, for over a quarter of a century he gathered at his beautiful sum- 
mer resort in New York State each year several htuidred earnest men and 
women who for three days discussed i»roblems with leisure and thorougn.iess, 
a.rriving at .iudgments which through the public press and otherwise had a most 
imiiortant influence in molding public opinion respecting policies and methods. 
The President of the I'nited Slr.tes appointed to succeed him his brother. Hon. 
Daniel Smiley. 

Dr. Andrew S. Draper, commissioner of education of the State of New York, 
was appointed a member of the board in 1902. In 1909 he was elected chairman 
of the board and retained that position for four years, when the necessity for his 
reducing his responsibilities rompelled him to lesign that position. Dr. Drajter 
brought to the wt>rk of the board resources of a trained lawyer and .iudge and 
of an educator whose l-readth .'f view and ex)iei-ieiice were unsurpassed. He 
died April 27. 1913. 

Kespectfully submitted. 

Gkorgk Vavx. Jr., Chairiinni. 

MiiiiRiLL B. Gates. 

WiLLiAii D. Walk IK. 

Warren K. MooRF,iiK.\n. 

Samuel A. Eliot. 

Frank Knox. 

William H. KETCitA.M. 

Edward E. Aver. 

T>an[i:l Smiley. 



AlTENDIX A. 

Department of the Interior. 

Board of Indian Tommissionirs. 

PhiUnh'lphia. J'n.. Amiiist ,.>,s'. /.'//.?. 

To the I'nited States Boakp or Indian Commissioners. 

Gentlemen: I would respectfully report on behalf of the purchasing com- 
mittee of your board that during the year I have been in frequent conference 
with the authorities of the Indian Bureau respecting the si)ecifications for and 
the purchasing of supplies and the letting of contracts in connection therewith. 
In pursuance of this work I was present In Chicago from April 17 ro 20. 191?., 
and personally examined many hundreds of bids iuul samjiles and assisted in 
selecting the articles for which awards were Anally made. In addition. I have 
endeav("»red to keep in touch with the making of awards at St. Louis, where it 
seemed imjiractieable for any member of the committee to attend. Throughout 



692 BOARD OF INDIAN COMMISSIONERS, 

the work the endeavor was made to eouserve the interests of the Goveriiiueut 
and of the Indians by purchasing goods best adapted for the purpose and that 
would give the best service for the least money, all things considered. 
Respectfully submitted. 

George Vaux, Jk.. 

Ghairman. 



Department of the Interior, 

Board of Indian Commissioners. 
Andover, Mass., December 5, 191-3. 
Hon. Joe T. IIobinson, 

Chairman Joint Commis-non to Imt'stiynte Indian Affairs. 

Wastiington. D. ('. 
My Dear Sir: I have your letter of December Z. In reply I hand you the 
Oklahoma report as the result of my investigation for the Board of Indian Com- 
missioners. This report, in somewhat different form, was the one which the 
Secretary of the Interior refused to pul)lish as an official document. All the 
statements made in this report may be verified by reference to files of the 
various governmental departments in Oklahoma or the papers and data in 
possession of the attorney for the Creek Indians. 

I also hand you my speech delivered at Lake M()hi)iik. <)ctober. 11)12. •"The 
lesson of White Earth." 

The speech delivered by me in October. 1913. at Lake Mohonk has not been 
published and my copy is in the hands of the printer. I have written to the 
secretary of the Mohonk conference. H. C. Phillips. whr> is now in Washington, 
and asked him to furnish you advance i)r(^ofs or co|iy of said article at the 
earliest possible moment. 

If your committee de.sires to have me aiii)ear as a witness regarding the con- 
dition of the Indians in Minnesota. South Dakota, and Oklahoma. I shall be 
happy to do so. I am at liberty any time between December 11 and 2n. 

As one who has spent 30 years in the study of various Indian matters. I wel- 
come your investigation, and trust that much good will come of it. 
^'erj' respectfully, yours. 

Warren K. Moorkhead, 



Department of Archaeology. 

Phillips Acade^iy. 
Alulnrrr. _!/(/.«.. Drrmihcr 12. l'.)13. 
Hon. Joe T. Robinson, 

CJiairnian Commission Investigatinf/ Indian Aff'aiis, MashiiH/foii. D. C. 

My Dear Sir: Since writing you the other day. it has been suggested by a 
prominent person not connected with the (Government service, yet familiar with 
Indian affairs, that I should offer a modification of my •• Na'tional paid com- 
mission " idea. 

The recommendations presented in the Lake INIoUonk speech were the result 
of 5 years' careful investigation of the problem, or 3o years" general study of 
Indian.s. Ir li:is been mentioned to me that the recommendations are sound, 
witi; this exci'[)tion, that there should be :> or T) commissioners inste:id of 10. 
This seems more advisable, and will be less expensive to the (iovernuii-nt. 

I would fuither suggest, if you do not niln«l. thai Hon. Cato Sells .md Hon. 
E. B. Meritt serve on this commission. Hon. Dana H. Kelsey. of Oklahoma, has 
long been in the service and understands the Oklahoma situation thoroughly. 
He would l>e a good man — reliable, discreet. ui)right. cai»able, and familiar with 
such imi)ortant subjects as oil, coal, timber, and farming proi)erties. 

We want the best available men. reg.-irdless of exiJense. It seems to me that 
one of the weakest things in the entire Indian adminisrnirion is onr insijectioii 
service. When I was first api)olnte<l on the Board of Indian ronmiissioners and 
visited reserv.-itions I ascertained that previous inspe.-tors ;ind s]>ecial agents 
had ii;iid practically no jittention to graft, fraud, inconipptency. ,in<l disease. 
They had concerned them.selves with petty det:iils. It reni.-iineil for Hon. E. B. 
Liunen :ind myself in our rejjorts to c.ill .-ittention (»f rhe deii.-irtnient to the reai 
needs and troubles of the Indians. If these inspecting o!ii<-ials had done their 
duty conscientiously between the years l.ss." jiud Ittos the Indian i)roblem would 
be practically solved at the present time. An exaniiu.-itiou of the files iu the 



BOARD OF INDIAN COMMISSIONERS. 693 

office of llic hoiiovnble S('<-rt»t;ir.v of ihc Imci-ior. will ncqiuiint you with the fact 
that Mr. ljnuen"s reiiorts nre the only real, "live-wire" inspection — intelligent 
insi)ect ion— that we have had. If Mr. Linnen could have charge of the entire 
field force under the national connnission. or himself be a member of the com- 
mission, it would i-'ain in elticiency. He is a very competent man in directing 
investii^ations. 

It seems to me thnt o>ir e<lucali(.nal system can he im})roved iipon. and more 
practical training: affnrded Indians. One of the commissioners slionld he famil- 
iar with modern (Hliuaiional methods, and such a one should jiossess. in addi- 
tion, a knowledge <if Indi.in character, history, and eoudilions. If you will 
]iardon my presumption. I would like to serve on the commission in this 
capacity, having taught for over 13 years in the largest and oldest hoys' school 
in the T'nited States, and also investigated Indian conditions in many places. 
Any man may well feel proud to do his ])art toward solving our Indian problems, 
and I should consider it both a iirivilege and an honor to serve on the commis- 
sion, if this he jiossible. 

Regarding the present F.n.iid of Indian Commissioners. I hear that there is 
some mismiderstanding U-. Washington with reference to its work. It is true 
that in the past the hoard was not as active as nnght he desirwl. At i)resent, 
however, it is doing all that it jiossihly can toward solving the Indian problem. 
Speaking for myself. I have always advocated activity on the ]iart of individual 
members, but as the others have not found it convenient to visit reservations to 
any extent. s)ich duty has fallen ro my lot. This year three of the members 
have visited reser\ arions. 

These are merely suggestions itrompted by my long interest in the welfare of 
these i»oor i)eople. " As you are aware, the situation generally is not satisfactory. 
and we need several men appointed for a term of years to take over the whole 
Indian bodv and proi>erty — "lock, stock, and barrel." 

There are a nuuiber of important matters I should like to talk with you con- 
cerning, and I shall be glad to come to Washington at any time agreeable to 
your convenience, if you care to see me. 

Th.anking you. I am. very truly, yours. 

Warren K. Mooreiiead. 

An Historical Review of the Indian Situation. 
Address ^ of Hon. Warren K. Moorchead. 

There are many persons in this country who know a little of Indian history; 
there are few persons whrt are thoroughly familiar with Indian history. His- 
tory is one of the greatest things in the world. History and science are synony- 
mous in that both aim at absolute truth. One is a recitation of that which has 
occurred in the past, the other is investigation to learn truth. 

Both history and science enter into Indian snb.iects vastly more than we im- 
agine, and because many of us ignore history or are ignorant of science we 
have failed to understand the Indian. Hence our mistakes. 

There may have been some excuse for our misunderstanding and nnsmforma- 
tion regard' the American Indian in. the past; there is absolutely no excuse 

Francis Parkman portrayed in innnortal lines the Indian of 1600 to ISOO. 
Some of you in this room will live to see the modern Indians' history written 
by a competent, just, and true man. And what he has to say will bring the 
blush of shame to the children and grandchildren of many of us. 

Beyond question, we have come to the parting of the ways. W'e must do for 
the Indian what we do for other citizens, else the taxpayers of this country 
will assume a grievous burden. 

In our historical review we have before us the events of the past 40 years. 
Let us regard them in the large sense. 

The papers read this year and last here at Mohonk should convince you that 
there is something wrong with our administration of Indian affairs, else these 
gentlemen would not present to you so many stories of trouble— not only in 
Oklahoma, but elsewhere. ^, .,. „ 

Assuming that you remember what has been presented here by men familiar 
with Indian conditions. I will dismiss my own recent investigation of Oklahoma 



lAt Lake Mohonk Conference of Friends of the Indian and other Dependent Peoples, 
October 22, 1913. 



694 BOAKD OF INDIAN COMMISSIONERS. 

affairs with the statement that Mr. J. Weston Allen and myself prepared for 
the American people a pamphlet entitled "Our National Problem." This covers 
the whole situation in that unfortunate region. Copies are available for all 
who desire to know the facts. 

The speech of Hon. Charles H. Burke, delivered in the House of Representa- 
tives December 13, 1912, was a revelation to the Members of our Congress. 
In this famous address Mr. Burke showed that the bulk of the miners and in- 
competent Indians in the State of Oklahoma, through dishonest guardians or 
administrators, had been swindled out of their property. M. L. Mott, attorney 
for the Creek Indians, says that there are 21.()(>() guardianship and adminis- 
trator cases which need readjusting — not to use a stronger term. Statistics 
compiled in a number of counties in Oklahoma indicate that as high as 70 per 
cent has been charged; that in many cases the handling of estates cost from 30 
to 90 per cent, and in one county the lowest rate was 16 per cent. The .-iverage 
in 30 States of our Union, exclusive of Oklahoma, is 3 per cent for compensa- 
tion and expenses to guardians and administrator.s. There are 4,339 guardians 
Jind administrators in the Creek Nation who. up to December 13, 1912, had made 
no report. And the Creeks are but one of the Five Civilized Tribes. 

Congressman William II. Murray has already called your attention to Okla- 
homa affairs in his able paper read this morning. And he knows whereof he 
speaks. 

If it were stated in the House of Commons, in England, that Englishmen 
had swindled 21.000 minor children residing in one of England's (let)eHdencies, 
Britishers from the length and breadth of Engl:ind would be aroused, inmiediate 
reforms instituted, restitution made, and all men false to so sacred a trust 
imprisoned at hard labor. Yet the Oklahoma scandal continues, and certain 
newspapers denounce us for interfering with business. 

None of the statements made by Mr. Burke and Mr. Mott with reference to 
Oklahoma and the 100,000 Indians living therein were denied, and the same is 
true of my publications regarding Oklahoma, Minnesota, Colorado, and else- 
where. 

You naturally inquire: Why do not our laws prevent the robbing of Indians? 
Because they are not enforced. In the October number of the World's Work 
is an able article by Mr. George W. Alger dealing with the delays of our courts 
and comparing our legal machinery with that of England. The English ad- 
minister justice surely and swiftly. We do not. No less an authority than 
ex-President Taft has called attention to the inexcusable delays in the courts 
made possible by public indifference to the operations of justice. If these high 
authorities criticize our administration of justice among white people, what 
would they have said did they know the truth concerning legal matters in the 
Indian country? 

In Minnesota the situation reported to me by Agent Howard and the Depart- 
ment of .Justice is to the effect that some lands have been recovered of those 
200.000 or more acres stolen as a result of removing restrictions on incompe- 
tents' lands, and that more will be recovered in the near future, but that Maj. 
Howard issued rations to 762 Indians last winter to prevent suffering. And 
yet White Earth was never a ration agency until we forced incompetents into 
citizenship. 

Although over four years has elapsed since Mr. Linnen's investigation and 
mine of the dreadful White Earth .scandals, only recently has justice been ob- 
tained. A third roll of the full bloods is being made, whereas the original roll 
of full-blood Indians was correct and withstood the assaults of the grafters. 
I contend that this making of a .second and third roll was and is unnecessary. 
I cite this fact as indicative of how often we duplicate work, or perform un- 
necessary tasks. 

There have been no end of investigations in the Indian cotmtry. If any- 
thing, we have had too many investigations. One succeeds another. There are 
exceptions, but usually the first man presents the plain, unadulterated truth, 
and his report should be accepted and the burden of proof put on the shoulders 
of the grafters where it properly belongs. Instead of that. \ye listen to the 
chorus of disgruntled grafters and order another investigation. 

Hence there is no end to the complications confronting us at the present 
time. The laws differ in various States. Even the rulings of the Indian Office 
Hse'f vary. There are able and upright tribnl attorneys fighting for certain 
bands of Indians, and opposed to them are the sharpest lawyers that money 
will buy fighting for the great coniorations interested not in the Indian but in 
his timlier. his oil. his gas. ami his coal i)ropert!es. Tliere are yet others who 



BOARD OF IXDIAX COMMISSION EHS. G95 

seek to secure the millions of Iiuiiaii dolliirs lyiiii; iu the I'liiU'd Suites Trejis- 
ury. Apropos of rliis nioncy in ►lio 'ri-o;isury one nii.i,'lit ctuin.m- .-i script nr!\l i);is- 
sage to road: " Whoro the Indian money lies ilici-c will th<> ixraficfs he iralhered 
together." 

Our syiiojisis of tho past 4<) years indicates not only niisnndersfanding and 
niistaives, luit inconiiK>tency. Do you realize that the grafters welcome with 
glad acclaim our i)r(>i)osals to tax Itidiaiis. remove restrictions, and make citi- 
zens of allV Of course they do. and we have become far too often merely oat's- 
paws for those who love not their neighbors as themselves. 

Why are we incompetent in liandling our IndiansV Chiefly because we have 
not been trained in the managemeut of a dependent people as have lOnglishmeii. 
It is not because our Commissioners of Indian Affairs and heads of departments 
have been either weaklings or dishonest. All the men who have held these 
high offices and nearly all of the thousands of men and women in lesser posi- 
tions have been faithful and earnest and ui)right. We nuisr seek the root of 
the evil elsewhere. It is because of our form of governmein and the sweei)ing 
changes we make every few years. A man no more liiaa learns his duties than 
out be goes. 

Next in importance is the fact that we do not push ottr legal cases .1 gainst 
grafters, and we pay entirely too much attention to complaints of settlers or 
others who covet the Indian property. We conserve vast sums in Washington 
for these Indians. ;ind our scheme of paying immense royalties To ceriain fa- 
vored Indians and permitting others to be defraudeil out of all their iiroi)eity 
produces a small class of wealthy Indians, most of whom dissipate their large 
returns, and a greater class of paupers. 

Truer still is this: That our frequent changes in the personnel of the com- 
missionership (for instance, we have had four commissioners in less than six 
years) is not conducive to an intelligent grasp of the jiroblem. In other words, 
the high office of Commissicmer of Imlian Affairs is nor stable. We itay too 
great heed to the plea of certain Congressmen or individuals or societies. 

To be specific, we should have heard those Navajo Indians' plea for fair treat- 
ment. Instead, we have let the white men appropriate or endanger certain of 
their land. 

At Red Lake, Minn., we have Indians who have long supported themselves. 
Now, eduetited mixed blood and white people wish to make a second White 
Earth of that place. And unless we take the les.son of White Earth to heart, 
they will succeed. 

We do not ignore the complaints of educated Indiatis who are abinidantly 
able to take care of themselves. We lose sight of the great issued in our 
administration of Indian affairs. 

The scientists tell us that it is contrary to human experience to expect a 
race to totally change its life in two or three generations and survive the ordeal. 
We have let disease get beyond control, and the percentages of trachoma and 
tuberculosis are staggering. Why? Because we quickly and stupidly changed 
Indians from open air to close-cabin life. At present we are advocating the 
open-air life. Naturally the older Indians are confused and say that they no 
more than adopt one mamier of life than there appears a new Washtonace 
who orders them to live a different way. 

We don't take to heart the Navajo lesson. Other speakers will tell you 
concerning these 28.000 finest Indians in America. Why finest? Because we 
have let them alone and not treated them as we have the natives in Oklahoma. 
California. Colorado, and Minnesota. And why we can't leave those Navajos in 
peace and prosperity and happiness passes my comprehension. 

We now come to what is even more important than which has preceded. All 
Indians are divided into two classes, and the line between them is clear cut. 

A. The few who are highly educated or partly educated and self-supporting. 

B. The vast number who are ignorant, sick, or verging on pauperism. 

We have set out to make all Indians of the former class. This is conunend- 
able. I wish all of you could travel in the remote districts of 20 localities and 
observe how few are in class A and how many in class B. 

If I had power, I w-ould issue an order this very hour to every employee in 
the Indian Service hereafter to pay absolutely no attention to letters from 
the competents of class A. They are the ones who consume most of the field 
workers' valuable time. As a consequence, those who need assistance suffer. 

Since we have the greater part of our 300.<X)0 Indians, whether classed as 
mixed bloods ov not. to be protected, we should concentrate on that protection. 



696 BOARD OF INDIAN COMMISSIONERS. 

The statement tbiit rbey are drifting into pauperism is no exaggeration. I 
have letters from Indians stating that some of .their friends now live along the 
section lines in Oklahoma. WhyV Because we have simply made paper citi- 
zens out of those Indians. The property of every one of you in this room is 
safe. Your citizenship is perfect ; the Indian citizenship is not. 

When a death occurs among any of you the heirs are not hounded by messen- 
ger, letter, and telephone that such and such a person be immediately ap- 
pointed administrator or guai"dian. Yet this occurs in Oklahoma every day 
in the year. If. along with our educating and allotting, we gave these Indians 
the same protection that white citizens elsewhere enjoy, what a different story 
the future historian would relate. The weakest thing in the entire Indian 
situation is that the cirizenship we have handed the Indian carries no weight, 
and unless he belong to the favored class A he can no more keep his property 
than can the lamb escape from the jaws of the wolf. 

Ladies and gentlemen, for 40 years we have had the same Indian policy. We 
have talked about the advancement of the Indian as a race. We have made 
him all sorts of promises, few of which we have kept. To be specific, we have 
made three solemn covenants with the Fi\e Civilized Tribes and two of them 
we have delil>erately and ti-eaclierously broken in the past 1.") years. Our policy 
embodies a dangemiis tendency. Seventeen of the 30 Miiniesota grafters wtre 
educated Indians. I rhink they became traitoi's to their own people not because 
they were inherently bad. but for the reason that they saw white men getting 
rich in the ways described to you in the jiapers read here last year and this, 
and tlr-refore They deliberately followed such bad examples. 1 know of one 
highly educated Indian who for years was loyal to the Government and true to 
his peoitle. Certain officials treated him shabbily, refused him promotion after 
he had fought grafters, aluiost alone, when other people became wealthy. That 
man became embittered and went over to the enemy body and soul. 

Ours is a tremendous responsibility, especially if we tell these Indians that 
they are citizens like white people, if we say, " Select your allotment, go to 
church and to school, and all will be well with you." They look about them 
and observe the bankers, lawyers, and business men of the white race robbing 
Indians without let or hindrance. It discourages Indians just as it would 
discourage any of you. They ask, " What is the reward of being good?" 

Indians work and accumulate a little property, or inherit property, or are 
given property. Along conies the grafter — and note that he does not trouble 
the white citizens — and he takes that property usually in a few months, and 
selddU) is be a few years in getting it. The Government at Washington proceeds 
in a leisurely manner with the case. Years pass and most of the cases expire 
by statute of limitation. What is the result? The Indians naturally conclude 
that the grafters are more powerful than the Great Father. I want to say to 
you in all seriousness, that this discrimination is a powerful factor in retarding 
Indian progress, and that it causes educated as well as uneducated Indians to 
lose faith in us and our civilization? 

Have you read your Indian history carefully? We have made thousands of 
prosperous citizens, but after all these years of training we have not produced 
a single great Indian man or woman. What woman have we of the fame of 
Sacagawea, the Bird Woman who guided Lewis and Clark to the Pacific Ocean? 
Not one. And of the great Red Men — Tecumseh and Chief .Josei)h, and Joseph 
Brant and Red Cloud — they are all of the olden days and have their sure place 
in American history. Sequoya. the great Cherokee, was trained and educated 
50 years before we inaugurated our present policy. His alphabet, his attain- 
ments, his reputation are due to himself and his people, and not to us. The 
finest building I saw in all Oklahoma is the stone school erected by the Chero- 
kees 20 years ago with their own money. And we have now filled it with 
white people. 

Nobody denies that onv citizenship cami)aign of 40 years has l)enetited thou- 
sands of Indians. But. while that is true, you will find in the Indian Office and 
other medical statistics, totals of more diseased Indians than educated Indians. 
There is no excuse for the spread of trachoma and tuben'ulosis. We would 
not permit it among our white children, yet we have allowed the one to close 
forever the eyes of little boys? and girls and grown men. and consumption causes 
untold numbers to waste away. 

Progress — great jirogress — in protec-ting Indians the past two years is due, 
chiefly, to publicity. After I bad investigated and reported on conditions in 
Oklahoma for the Board of Indian Commissioners. I received word from the 



BOARD OF INDIAN COMMISSIONERS. ()97 

ActiiLU Sorretar.v ..r Il.r luU-rini- il.al my ivpurv wuul.l ,n,I 1„" printea in tho 
.•mnnnl report „f ,,ur hoard. Fortunalrly, a painplild, alroadv iin'nti(.ii(Ml, had 
hwu punted exposin.i,' the desperate situation of tlic Kiv(> ("iv'ilizoil Trihcs hut 
It was not issued ollicially. The Actinj,' Secretary hased in's refusal to print my 
reii.n-t .on the grounds tliat it contained a rather s(>vere criticism of certaili 
Memhers of Congress an.l that anollier portion of it would cause rescMitment in 
Oldalioma. He did not deny tlie facts and said ilic report was valuable to the 
hies of the department. 

No single man, acting as Commissioner of Indian Affairs, is able to wiliistand 
congressional and other pressure. The Congressmen must do as their consti- 
tuents wish. This statement does not involve the integrity of the commissioner 
or the honesty of Congressmen. It is merely what anyone with eyes and ears 
may i)rove a visit to 1 of 20 places in tiiis country. Our Indian problem 
has become acute, and, I fear, will grow worse and not better, unless we change 
our policy. 

To sum up, we have 20 per cent of our Indians self-supporting. We have 
SO per cent dependent— and this after 40 years. 

There is but one solution, to my mind— and my plan is based not only on my 
own studies and investigations, but also upon the work of the Indian Rights 
Association and the reports of Mr. E. B. Linnen, who has visited all the reser- 
vations and is, according to my humble opinion, the best posted man on Indian 
affairs generally in this country. My plan may seem radical, but this is a time 
for positive measures. 

The President of the United States should name a national commission of 
nine men— men who know^ something regarding Indians. This commission 
should be invested with absolute authority, and with no appeal possible from its 
findings. At least 10 years should be assigned as the life of the commission 
The best men available should be selected, and they should receive liberal com- 
pensation and devote their time exclusively to the Indian cause. 

The ofiice of head commissioner abolished, the commission should take in 
charge the present efficient machinery of the Indian Service, investigate every 
phase of the subject, publish quarterly reports, and render an accounting of 
all moneys received and spent. 

All hearings should be open. The commission would eliminate all competent 
or educated Indians at once. All money in the Treasury to the credit of 
Indians, and all lands, minerals, and other property should be held in control. 
Lists of Indians as to quantum of white blood must be compiled by competent 
ethnologists and accepted by the commission as absolutely final. In the case 
of disputes all interested persons should be heard and the commission render 
decision in accord with the facts. 

This plan is not visionary, but on the contrary is quite practical. A com- 
mission is able to withstand the assaults of the ignorant, the selfish, and the 
unscrupulous. A single commissioner can not. The frequent clianges in the 
congressional Indian Committees would not affect a 10-year board. 

At the end of the 10 years, all ignorant or incompetent Indians would be 
living upon their allotments properly protected. 

The commission would be able to save the taxpayers of this country untold 
sums, and the Indian property conserved would amount to many millions. 
Under our old-time policy the $1,000,000,000 of property possessed by the 
Indians will soon be lost forever, save the little owned by class A, already 
mentioned. 

There are not wanting true and able men in our country who are competent 
to administer this great trust. The present Board of Indian Commissioners 
does what it can to stay the grafters' hand, but it can not assume full control 
because its appropriation is small and its members are in the professions or 
in business. Thev can not devote sufficient time to the work. 

A national board would relieve Congress, the public, and the various philan- 
thropic societies of the burden. 

Finally, science says we have done the Indian great physical harm. It is 
true. The book of Indian history is open before us. The lessons are all there. 
They are dark ones, and they narrate ignorance and incompetency, but they 
are "true, for they are history. If we are wise and faithful in our generation 
we will heed these important lessons. If we are perverse and blind to facts, we 
will continue on as blundering and careless students. We must decide now and 
forever. [Applause.] 

35601— PT 7—14 4 



li 



698 BOARD OF INDIAN COMMISSIONERS. 

January 2S, 1914. 

Dear Senator Robinson : It gives me pleasure to say to you that the board 
of Indian conunissioner accepts with ajipreciation your invitation to meet the 
members of the joint commission for tlie dfscussiou of such phases of Indian 
administration or legislation as. in your judgment, are deemed liest. It is 
expected that nine members of the board will be in attendance at the board's 
meeting on February 4, 5, and 6. The forenoon of February 5 would doubtless 
be the most practicable time, from the standpoint of our board, for the proposed 
meeting. However, if a different date is more agreeable to you, we can very 
readily and will very gladly make our plans to conform with your wishes. 

The report of Commissioner Ayer concerning the Menominee is alredy before 
you. I am not sure that the reports of Commissioners Eliot and Ketcham on 
Papago, Navaho, Pueblo, and Mescalero Apache matters will be completed and 
ready for formal jtresentation at that time; however, they may have some ob- 
servation bearing ujion pending legislation relative to the various tribes visited 
by them which your commission may care to hear. In addition to the reports 
just referred to, the board will have some recommendations concerning Indian 
irrigation law and Indian forests, which its members will be glad to discuss 
with your commission. 

Upon advice from you as to the date fixed by you for the proposed meeting 
of the two commissions, I shall promptly make arrangements to conform 
therewith. 

Yours, very truly, 

F. H. Abbott. Secret a nj. 

Hon Joe T. Robinson, 

Chairman Joint Comntission for the Investigation of 

Indian Affairs, WasliAngton. D. C. 



January 29, 1914. 
Hon. F. H. Abbott, 

Secretary Board of Indian Commissioners, 

Bureau of Mines Building, Washington, D. C. 
Dear Mr. Abbott : In reply to your letter of the 28th instant, I shall be glad 
to arrange for the Board of Indian Commis'sioners to be heard before the Joint 
Commission to Investigate Indian Affairs in the fox'enoon of February 5. The 
commission will be very glad to receive such information and suggestions as 
the board may desire to impart. 
Yours, truly, 

Joe T. Robinson, Chairman. 



February 4, 1914. 
Hon. F. H. Abbott, 

Secretary Board of Indian Commissioners, 

Bureau of Mines Building, Washington, D. C. 
Dear Mr. Abbott : I am directed by the chairman of the Joint Commission 
to Investigate Indiah Affairs, to notify you that a meeting of the commission 
will be held Thursday morning, 10 o'clock, to hear any members of the Board 
of Indian Commissioners who desire to appear. 
Very truly, 

R. B. Keating, Secretary. 



Department of the Interior, 
Board of Indian Commissioners, 
Washington, D. C, February 6, 1914. 
My Dear Senator: I take pleasure, at the request of your Mr. Williams, in 
transmitting to you herewith a resolution adopted at the present meeting of our 
board, defining the functions and duties of the members thereof under existing 
laws and Executive orders. For your further information I am inclosing a 
copy of the board's annual report for the years 1910-11, which sets out the stat- 
utes and the Executive order bearing on this question. I also am pleased to 
send to you copy of a justification in support of an estimate for $10,000, made 



BOARD OF INDIAN COiM^flSSION KKS. 699 

by fcnner Socivtary Fisher Inst y,-r fnr ii„. ,..x]K.ns.-s „f tlu> I'.oar.l of I.HliMU 
oimnissioiiers. 1 hero is iuci..so,l mIso n l,n,.f hiu^rapliic-al skc-tcU of ,ho li.em- 
bers ot the board. 

Shicerely, yours. 



Hon. Joe T. Robinson, 



F. II. AiiitoTT, Sccretai 



Senate Committee on Indian Affairs. 

Unitcil States Capitol. ]Va.shiii(/toii, I). C. 



Whereas there is frequent inquiry as to the functions, duties, and autliority of 
the Board of Indian Commissioners and the laws and Exec-utivo orders 
under which it is constituted and acting: Therefore l)e it 

Resolved, That the following statement he and is accepted as the board's in- 
terpretation of its powers and duties under exising law 

The act of xMay 17, 1882 (22 Stat.. TO), the last act of Congress relating to 
the duties of the Board of Indian Commissioners, provides: 

'^Vnd hereafter the commission shall only have power "to visit and inspect 
agencies and other branches of the Indian Service, and to inspect goods pur- 
chased for said service, and the Commissioner of Indian Affairs shall consult 
with the commission in the purchase of supplies. The conmiission sliall report 
their doings to the Secretary of the Interior." 

The primary purpose of this act was doubtless to relieve the board of the 
responsibility of supervising "expenditures of money appropriated for the 
benefit of Indians within the limits of the United States," a duty specifically 
imposed by the act of July 15, l.STo (K! Stat., 3G0), and to reserve in the board 
the duties imposed by the act of April 10, 1869 (16 Stat, 40), and the act of 
May 29. 1872 (17 Stat.. 186). 

The act of April ](). 1869 (16 Stat.. 40). carried an appropriation of !?2.000,000. 

"To enable the I'resident to maintain peace among and with the various 
tribes, bands, and parties of Indians and to promote civilization among the 
said Indians, bring them, where practicable, upon reservations, relieve their 
necessities, and encourage their efforts at self-support * * * and for the 
purpose of enabling the President to execute the powers conferred by this act, 
be is hereby authorized, at his discretion, to organize a Board of Indian Com- 
missioners, to consist of not more than 10 persons, to be selected by him from 
men eminent for their intelligence and philanthropy to serve " without pecu- 
niary compensation, who may, under his direction, exercise .joint control with 
the Seeretai-y of the Interior over the disbursement of the appropriations made 
by this act or any part thereof that the President may designate.' " 

The act of May 29, 1872 (17 Stat., 186), provides: 

" The Board of Indian Commissioners is empowered to investigate all con- 
tracts, expenditures, and accounts in connection with the Indian Service and 
shall have access to all books and papers relating thereto in any Government 
office." 

In retaining in the board all the authority vested in it by earlier acts of 
Congress relating to visitation and inspection of Indian agencies and other 
branches of the Indian Service and to the inspection and purchase of goods for 
said service, the act of May 17, 1882, above quoted, necessarily left remaining 
in full force and effect all the provisions of the Executive order of June 3, 1869. 
setting forth the authority and duties of the members of the Board of Indian 
Commissioners no inconsistent with the provisions of the said act of May 17. 
1882. In other words, all the duties and functions of the board set forth in 
the Executive order of June 3, 1869, relating to the visitation and inspection 
of agencies and other branches of the Indian Service and the inspection and 
purchase of goods, are still in full force and effect and will continue to be so 
until altered or modified by a subsequent Executive order. 

The paragraphs of the Executive order of June 3, 1869. therefore, which are 
still in full force and effect and binding upon all departments of the Govern- 
ment, are as follows : 

" The following regulations will, till further directions, control the action 
of said commission and the Bureau of Indian Affairs, in matters coming under 
their joint supervision : 

" First. The commission will make its own organization and employ its own 
clerical assistants. 



700 BOARD OF INDIAN COMMISSIONEKS. 

" Second. The conniiission shall be fui-nished with full opportunity to inspect 
the records of the Indinn Office, and to obtain full information as to the conduct 
of all parts of the affairs thereof. 

"Third. They shall have full power to inspect in person, or by subcommittee, 
the various Indian superintendencies and agencies in the Indian counti'y. 

" Fourth. They are authorized to be present in person or by subcommittee 
at purchases of goods for Indian purposes, and inspect said purchases, advising 
with the C'onmiissioner of Indian Affairs with regard thereto. And it shall 
be the duty of the Commissioner of Indian Affairs ' to consult the commission 
in making purchases of such goods.' (Act of July 15, 1870, 16 Stat, 360.) 

" Whenever they shall deem it necessary or advisable that instructions of 
superintendents or agents be changed or modified, they will communicate such 
advice through the office of the Commissioner of Indian Affairs, to the Secretary 
of the Interior ; and, in like manner, their advice as to changes in modes of 
purchasing goods or conducting the affairs of the Indian Bureau proper. Com- 
plaints against suprintendents or agents or other officers will, in the same 
manner, be forwarded to the Indian Bureau or Department of the Interior 
for action. 

"The commission will, at their board meetings, determine upon recommenda- 
tions to be made as to the plans of civilizing or dealing with the Indians, and 
submit the same for action in the manner above indicated. 

" Seventh. All the officers of the Government connected with the Indian Serv- 
ice are enjoined to afford every facility and opportunity to said commissioners 
and their subcommittees in the performance of their duties, and to give the 
most respectful heed to their advice within the limits of such officers' positive 
instructions from their superiors ; to allow such commissioners full access to 
their records and accounts and to cooperate with them in the most earnest 
manner to the extent of their proper powers in the general work of civilizing 
the Indians, protecting them in their legal rights, and stimulating them to 
become industrious citizens in permanent homes instead of following a roving 
and savage life. 

" Eighth. The commission will keep such records or minutes of their proceed- 
ings as may be necessary to afford evidence of their action, and will provide 
for the manner in which their conmiunications with and advice to the Govern- 
ment shall be made and authenticated. 

" Executive Mansion, Washington, D. C, June 3, 1869. 

(Signed) " U. S. Grant." 

And, to the end that the work of this board may be carried forward with the 
fullest understanding and harmony and in the spirit of strict cooperation with 
the Department of the Interior, the Indian Office, and with Congress, be it 
further resolved that a copy of this resolution be transmitted to the Secretary 
of the Interior, the Commissioner of Indian Affairs, and to each and every 
member of the House and Senate Committees on Indian Affairs. 

MEMBERS OF THE BOARD OF INDIAN COMMISSIONERS. 

January 21,, 1913. 

George Vaux, jr., 1606 Morris Building, Philadelphia, Pa. (home Bryn Mawr, 
Pa.), the present chairman of the board, was appointed a member November 
27. 1906. He is 49 years of age and is a lawyer prominently ideutiflod with 
public affairs in Philadelphia, being past vice president of the National Con- 
ference of Charities and Correction, and at present vice chairman of the 
committee of iOO of Philadelphia citizens on municipal charities, president pro- 
tempore of the Pennsylvania Public Charities Association just being formed, 
and chairman of the executive committee of the board of managers of Haver- 
ford College. 

Merrill E. Gates, LL. D., 1309 Rhode Island Avenue, Washington, D. C. be- 
came a member of the board in 1884; was its chairman from 1890 to 1899. and 
its .secretary from 1899 to 1911. He is 64 years of age, was formerly president 
of Amherst College and of Rutgers College, and is prominently connected with 
educational and religious work. 

William D. Walker, D. D., LL. D., 367 Elmwood Avenue, Buffalo, N. Y., was 
appointed to the board in 1887. He is 73 years of age, and since 1896 has been 
Protestant Episcopal bishop of western New York. For 13 years he was 



BOARD OF INDIAN COMMISSIONERS. 701 

inissioiuuy bishop of North I>;ikota, where he ;icquired a wide :ifquaintance 
with Iiidiau affairs. 

Andrew S. Draper, T.Ia D., Albany, N. Y., was appointed to the board in 
1902, and was its chairman from 1909 until January 15. 1913. He is 64 years 
of age, and is New Yoric State Commissioner of Education, which position he 
held from 1886 to 1892. and reassumed in 1904. He was formerly a practicing 
lawyer and a member of the New York State Assembly. From 1894 to 1904 he 
was president of the University of Illinois. His interest in Indian affairs dates 
back more than 25 years, during which time he has taken an active part In 
the Lake Mohonk conferences on that subject. 

Warren K. Moorehe;id, Andover, Mass., has boon a member of the board 
since 1908. He is 40 years of age, and is head curator of the department of 
archfeology of Phillip's Academy. Since his college days he has been a student 
of Indian matters, having undertaken, in addition to ethnological research, 
many investigations at his own expense. In 1909 he brought to the attention 
of the Indian Office the serious conditions on the White Earth Reservation, and 
under temporary appointment from the Indian Office assisted in the investiga- 
tion of those conditions. 

Samuel A. Eliot, D. D.. 25 Beacon Street, Boston. Mass.. was appointed to 
the board in 1909. He is 50 years of age, and is a son of the president emeritus 
of Harvard University. From 1889 to 1893 he was pastor of the Unity 
Church, Denver, and from 1893 to 1898. minister of the Church of the Saviour, 
Brooklyn. In 1898 he became secretary of the American Unitarian .\ssociation, 
and in 1900 was elected its president which position he still holds. 

(W.) Frank Knox. Manchester. N. H.. was appointed to the ho:'rd Mav 2. 

1911. being at that time editor of the Sault Ste. Marie (Mich.) News. 'He 
is now editor and proprietor of the Leader, Manchester, N. H. 

Edward E. Ayer, 1515 Railw.iy Exchange Building. Chicago, was api)oiutod 
to the board November 18, 1912. He is 71 years of age, and has been a rail- 
road contractor all his life, but has practically retired frcmi business and for 
the past 20 years has been engaged in historical research, the collection of 
libraries and such work as that of the Field Museum of which he was the first 
president and is still a director. He is a student of Indian affairs, having 
collected and donated to the Newberry Library of Chicago, with a fund for its 
perpetual maintenance, a collection of over 30.000 works on Indian affairs at 
a cost of approximately half a million dollars. He also owns one of the finest 
private libraries In the United States. 

William H. Ketcham, 1326 New York Avenue. Washington. D. C, was ap- 
pointed to the board December 3, 1912. He is 44 years of age, and since 1901 
has been director of the Bureau of Catholic Indian Missions, with headquarters 
in Washington. For about 10 years he was stationed in Oklahoma, as mission- 
ary fir.st to the Creek and Cherokee Indians and later to the full-blood Choctaws. 
Since 1891 he has been an ordained Roman Catholic priest. 

Daniel Smiley. ]Mohouk Lake, N. Y., was appointed to the hoard December 17. 

1912. He is a business man. about 55 years of age. and for about 20 years has 
been the manager and more recently coproprietor of the I^ake Mohonk estate of 
his late brother. Albert K. Smiley, upon whose death, in December, 1912, he be- 
came proprietor. For more than 10 years he has shared with his brother the 
management and expense of the conferences on Indian affairs held annually at 
Mohoidv Lake, and has now assumed full responsibility for their continuance. 

Isidore B. Dockweller, Los Angeles. Cal., was appointed by President Wilson 
on December 22, 1913. He is one of the most prominent lawyers on the Pacific 
coast and is 46 years of age. He has been prominently identified with the 
advancement of education and of movements for civic betterment within his 
State, and a man whose ability in his profession and standing as a citizen have 
given him a national reputation. 



FORTY.SECOND REPORT OF THE BOARD OF INDIAN COMMIS- 
SIONERS. 

Office Board of Indian CoMxrrssroNERS. 

Washington. D. C, Novenihcr 28, 1911. 
Sir: We have the honor to submit the forty-second report of the Board of 
Indian Commissioners. As the board has recently voted to report in future 
for the fiscal year, instead of as heretofore for the calendar year, this report 
covers 18 months ending June 30, 1911. 



702 BOARD OF IXDIAX COMMISSIONERS. 

WORK OK THE BOARD. 

So far :is its funds l-ave iioniiittt'd. (lie board has dischariied its diitv of 
cooi)eratin,ir with the Coimiiissioner of Indian Affairs in the Inspection of "sup- 
plies for the Indian Service. Except on two occasions it was represented by 
its secretary or by the cliairnjan of its purchasing,- coniiuittee. or both, at the 
opening of i)ids at the Indian Office on .March 1. March 2, March S. :\Iarch 29 
April T), April 12, April 1!), May 17. and May 31. 11)10. The late Commissioner 
Jacobs assisted in l!)lo in examining sami)les and awi\rdiu,i,' contracts in 
Chicajro. and in the same year several members of the board took part in ex- 
amination and awards in New York. Statistics of the business done at Indian 
warehouses Iia\e been received and filed. 

During 18 months the board has held four meeting— at Washington. Fel)ruary 
16-18, 1910; at Mohouk Lake. N. Y.. October 18-22. 1910; at Washington Feb- 
ruary 8-9. 1911; and at New York. April 8. 1911. At the meeting held in Feb- 
ruary, 1911. the board appointed a special committee, consisting of Commis- 
sioners Draper. Vaux, and P^liot. to report "as to what steps ought to be taken 
to more fully realize the puri)ose for which the board exists and to increase 
its efficiency." The connnittee. in a reixn-t presented at a special meeting of the 
board April 8. 1911. reconnnended methods of administration, reviewed the 
board's history, and defined its powers and duties as deduced from the Executive 
order and legislation under which it operates. For convenient reference, ex- 
tracts from such order and laws are included as an appendix of this report. 
The committee expressed the opinion tliat. apart from clearly defined legal 
duties, "the purpose underlying the Board of Indian Commissioners is that a 
public body of rejisonable permanence, having the sanction of the Covernment 
and composed of disinterested citizens of high character who are acquainted 
with Indian problems, shall be continually in existence to enlighten and express 
public opinion, to watch over Indian legislation and administration, * * * 
and to act with entire freedom in conmiending or criticizing the course of Gov- 
ernment officers or employees, to the end that .iustice may be done to all tribes 
and individual Indians." 

The report further states that "in the more than 40 years that have elapsed 
since the board was created, its functions and powers have been somewhat 
modified by appropriation bills, by other legislative acts, and by experience. 
Moreover, the Indian situation is very different from what it was 40 years 
ago." In view of these facts the committee mentions some aims now generally 
shared by the Indi;in Office and other friends of the Indian, including — 

"The discontinuance of tribal government, the training of all Indians for 
Americiin citizenship, and their ultimate absorption into the citizenshp of the 
country. 

"The distribution of all tribal lands to their owners in severalty to the end 
that each Indian may have compute ownership over sv.ch real estate as equi- 
tably belongs to him. 

"The equitable distribution of .loint funds as well as lands. 

"The promotion of the health of Indians living on reservations by suitable 
hygiene and sanitation. 

"An education policy which will provide suitable schools for all Indian chil- 
dren, which schools shall as so<in as practicable become a part of the j)ublie 
school system. 

"The conservation and utilization of natural resources, with a vie\\'*to mak- 
ing the Indian Service self-supporting, and also with a view to the discontinu- 
ance of the influences which tend to pauperize the wards of th.e Nation who are 
often the owners of very considerable estates." 

In the application of the foregoing principles and iiolicies. the committee de- 
clares. " the administration should have the cordial support of the board." 
And it lists among the i)resent duties of the board the followinu": 

"To coo])erate with the Commissioner of Indian Affairs and with the repre- 
sentatives of all the societies interested in the welfare of the Indians in promot- 
ing the principles and policies heretotVue set forth in this reixirt. 

"To sustain mutually heliiful relations with all individuals and organizations 
interested in the Indians and p:irticularly with ti^e reoreser.tatives of the vari- 
ous missionary societies." 

The board indorsed tlu^ work of its special connnittee, and in accordance with 
the spirit of the connnittee"s rei)ort. we are disposed to undertake constructive 
cooperation with wisely directed agencies, .governmental or othei'wise. sub,ieet 
only to the limitations also expressed in the coiuniittee's i-eixtrt which states 



BOARD OF INDIAN' COMMISSIONERS. 703 

tli.il ill (irtU'i- In <lc\clni) tlu' ik'sii-ed I'Uieit'iuy " il will lie ncccssiii-.v i'ov the 
board to SLH-nrc trmii (Vmyress a lartier approiiriaticni which will enable the 
lueuibers nor (uiiy lo fulfill the duties above descriited but also to visit the 
reservations and warehouses." The present annual appropriation for the sup- 
port of the board is .1^4,(»(i(). of whieh. after payiu.i,' necessary oHice expenses and 
for travel incident to necessary meetings of the board, there seldom remains in 
any year as much as .$.'.(10 — an amount insuthcient for even the direct le^'al duty 
of properly assisting in the purchase of supplies. 

CHANGES IN PERSONNEL. 

Archbishop Patrick J. Ryan, of Philadelphia, a member of this board, died 
February 11, 1911, and Hon. Joseph T. Jacobs, of Detroit, another member, 
died April 11, 1911. The vacancies thus occasioned wore filled by presidential 
appointments of his emminence Cardinal James (4il)boiis, of Raltimore, on Feb- 
ruary 15, 1911, and of Hon. Frank Knox, of Sault Ste. Marie, Mich., on May 
2, 1911. 

At a special meeting of the board on April 8. 1911, Commissioner Merrill 
F. Gates resigned his office as secretary of the board, and his resignation was 
accepted. Mr. H. C. Phillips was elected secretary of the board, to assume the 
office on September 1, 1911. 

OiENERAL RECOMMENDATIONS. 

It Las been the custom of this board to submit in each annual report im- 
parti.-il comment and recommendations concerning phases of the Indian problem 
which it believed of current interest. There accordingly follows brief comment 
on several matters. 

SUPPLIES AND WAREHOUSES. 

Cooperation in the purchase and inspection of supplies for the Indian Service 
has long been an important duty of this board. With the adoption of improved 
business methods this duty, formerly arduous, has been lightened, but the time 
has not come when it is wise to discard safeguards tending to prevent the de- 
frauding of either the Government or the Indians. Supplies for the Indian 
Service still cost more than ,$4,000,000 annually and involve purchases large 
enough to attract unscrupulous dealer's. The board is ready to cooperate with 
the Indian Bureau in such manner as changed conditions may make necessary 
or advisable, with a view to continuing the pi'otective policy which has largely 
done away with forms of graft common in earlier days. It is, however, only 
fair to repeat that for years the annual appropriations for the expenses of 
this board have be?n so small that the performance of our duty in this respect 
has necessarily been somewhat unsatisfactory to us and presumably to the 
Indian Bureau. It is hoped that increased appropriations available for travel 
may in future enable the board to do its full duty. 

Closely connected with the purchase of supplies is the question of maintain- 
ing warehouses for their storage and inspection. We have repeatedly urged 
that it is unnecessary to maintain five Indian warehouses. This opinion we 
still hold ; and we therefore commend that portion of the Indian appropriation 
bill for the fiscal year 1912 w^hich, by omitting directions to maintain any 
particular warehouses, enables the Indian Bureau and the Department of the 
Interior to discontinue some existing warehouses as conditions permit. We 
favor the eai-ly discontinuance of all but one or two warehouses. But we 
believe the time has not come to discard the warehouse system and that at 
least one such institution is still necessai-y if for no other purpose than to 
permit adequate inspection of certain classes of supplies affording peculiar 
opportunities for fraud. 

This board has steadily advocated the application to the Indian Service of 
the most modern business methods possible under existing conditions. We hope 
the Indian Office will soon be able to perfect some plan, as we understand it 
hopes to do, to expedite payment for Indian supplies by arranging for cash 
payments for contracted goods on delivery and inspection, without the unbusi- 
nesslike delay incident to payment through the office at Washington and the 
Treasury Department. In this, however, as in all advance steps, the reputa- 
tion cf the Indian Service demands that no existing safeguard be withdrawn 
without reasonable certainty that the newer methods will protect as well or 
better the rights of all parties concerned. 



704 BOARD OF IXDIAX COMMISSIONEES. 

TRIBAL FUNDS. 

Since 1899 this board has consistently urged the breaking up of tribal funds, 
and we still believe it is the next important step in the solution of the Indian 
problem. Every Indian entitled to share in these funds should be recognized 
by name upon the books of the Treasury and have his share either credited 
to him by name, in case he is incompetent to manage it, or paid to him if he is 
competent and legally entitled to receive it. The division of tribal funds is 
quite as logical an advance step as w.is the division of tribal lands: ft)r, like 
tribal lands, they prevent the Indian from acquiring that sense of personal re- 
sponsibility necessary to good citizenship, and they are peculiarly susceptible 
of exploitation by unscrupulous lawyers or claim agents. 

The Government holds in trust for the Indians tribal funds amounting to 
more than .$49,000,000. Great as is this sum, its division into individual 
shares need not be very expensive. In his report for 1909 the Commissioner of 
Indian Affairs estimated the clerical force necessary to make and maintain 
the rliange to individual accounting in the case of all tribal fimds then sus- 
ceptible to segregation. Such a force would cost perhaps $12,000 or ,$16,000 
a year for the first year or two and $4,000 a year thereafter. It would be 
money well invested. The act of March 2, 1907 (34 Stat. L., 1221), permitting 
a limited breaking up of tribal funds, is only a slight beginning of the work 
which ought to be done. Congress long ago gave authority to the President, 
when in his opinion allotments of land seemed best for the majority of any 
Indian tribe, to make allotments to all the members of the tribe whether they 
desired allotments or not. The wisdom of this policy is now generally con- 
ceded. In the same way Congress could provide that trib-'l ftmds. as; well as 
lands, should be allotted when such action seemed best for the majority of 
the Indians. In the case of the Osages, this has already been done under the 
act of June 28. 1906 (34 Stat., 539). The present method of granting his share 
to an individual Indian here and there upon his request and evidence of his 
competency is diffcult, because so long as tribal funds exist the birth of ad- 
ditional children, with the accompanying right to at once share in such funds, 
makes the amount to be placed to the credit of an individual Indian hard to 
determine. 

Congress should by law fix an e.irly date when all tribal funds should be paid 
or credited to the individual members of the tribes, and provide that no 
Indian child born after that date can have any share therein except by regular 
inheritance. 

Such a division of tribal funds would involve another great need — that of an 
accurate roll of Indians at every agency.' It is time that the Government, if 
for no higher motive than accurate accounting and sound business methods, 
should have a carefully prepared tribal roll of every Indian tribe. It is be- 
lieved that in the preparation of such rolls it would be desirable to secure 
through the Bureau of American Ethnology the services of some trained ethuol- 
ogi-sts whose study of Indian customs and Indian relationships would give a 
solid basis of scientific accuracy to the work. That such rolls are needed is 
evident from examples like the history of the last few years at the White Earth 
Indian Reservation, and the mass of litigation already accumulated with ref- 
erence to the inheritance of Indian allotted lands. We recommend early legisla- 
tion providing for the preparation of accurate tribal rolls of all Indians and 
fixing a date for the division into individual holdings of all tribal funds. 

APACHE PRISONERS OF WAR. 

In our forty-first annual report (for 1909) we reviewed the history of the 
Apache "prisoners of war" at Fort Sill, and recommended that they be set 
free; that to all of them who desired to remain individual allotments should 
be made at Fort Sill : and that those who voluntarily chose to return to Mes- 
calero be allowed to do so provided it did not involve a continuation of tribal 
life. 

We believe that plain justice demands that each one of the approximately 240 
Apaches now at Fort Sill who wishes to remain there should receive an allot- 
ment of not less than 80 acres, and that if not more than one-half of them 
choose to remain, the size of each allotment might well be considerably larger. 
In 1897 the Kiowas and Comanches gave for addition to the Fort Sill Reser- 
vation nearly 27,000 acres, " to be used only for military purposes and for the 
permanent settlement thereon of the Apache prisoners of war." Certainly one- 



BOARD OF INDIAN COMMISSIONERS. 705 

half of the land thus ixWon is th(> h<ast Uio (JoveniiiuMit should he williii^ to 
turn over to those Indians wlio desire to remain. That oulv a few Indians are 
involved is not the chief consichM-ation. which is, rather, whether tiie (Jovern- 
nient can honoraiily pursue a course less j;enerous than that snj:i:os!ed. 

Senate bill (>152, Sixty-tirst ("onjiress. second session, providinji' for an allot- 
ment of land to the Indians at Fort Sill, passed the Senate, hut was not ])assed 
hy the House of Representatives. Some similar law should he enacted, hut we 
would deprecate legislation that did not clearly recognize the right of every 
Apache wishing to remain at Fort Sill to an adequate allotment there. 



The Indian Bureau has recently increased its medical work, but even now 
the number of physicians and the extent of medical inspection and supervision 
are still far below what the Indians need. We should at least give to Indian 
children, brought together in schools under artificial conditions, at an age when 
they are peculiarly susceptible of contagion, that thorough medical inspection 
and care which in recent years we have learned to give white children in public 
schools. Congress should be liberal in appropriations to enable an adequate 
force of physicians to regularly inspect Indian schools and homes and to check 
the spread of disease, especially tuberculosis, the frightful prevalence of which 
among Indians needs no comment. A recent pamphlet entitled " ]\Ianual on 
Tuberculosi.s," by the medical supervisor of the Indian Service, deserves wide 
reading. Other similar manuals for Indians would be valuable. 

Not only should there be more physicians, but there is great need for more 
hospitals. In the fiscal year lOn the six agency hospitals (the only ones in use 
not connected with boarding schools), with a total capacity of 126. cared for 
455 patients. The statistics of hospitals, tuberculosis cami)S, and sanatoria 
seem to us to indicate that more such institutions are needed. Thousands of 
Indians are still entirely without the possibility of any treatment at a hospital. 

We have no desire to criticize the health department of the Indian Bureau. 
On the contrary we are gratified by its increasing efliciency. We do, however, 
recommend even larger ajtpropriations by Congress to protect the health of the 
Indians. 

FARMING. 

That farming should be the chief industry of most Indians is a recognized 
fact. It follows that practical instruction in farming will benefit the average 
Indian. There are few Indians under 40 years of age (except among the Na- 
vaho) who have not passed some years in Indian schools. But many of these 
schools have given no practical instruction in farming. Thousands of Indian 
men to whom land has been allotted greatly need e<lucation in its best use. We 
have heretofore declared that more and better paid farmers should be placed 
among the Indians; and it is gratifying that a recent appropriation permitting 
]iayment of fair salaries to expert fa.rmers, coupled with a system of competitive 
examination, enables the Indian Office to put into the field 48 expert farmers, not 
•• college-boy farmers " but many of them men not only of .scientific knowledge 
but of practical exjierience, good sense, and ability to adapt methods to the 
Indians' environment. In the selection of farmers this element of practical com- 
mon .sense should weigh quite as much as the scientific element. All instruction 
should be within the Indians' comj)rehension. 

Three bulletins issued by the Indian Office, entitled " Indian Fairs," " Demon- 
stration Farms," and "Progress in Indian Farming." dated, respectively. De- 
cember 31, 1909, March 5, 1910. and January 16. 1911. cont;iin important infor- 
mation concerning these three phases of the problem and should be widely read. 
The Indian fairs appear to us valuable as an incentive to better farming, and 
as a substitute for other gatherings of a useless or harmful nature. The demon- 
stration farms as practical ob.iect lessons are also commendable. In establish- 
ing such farms, however, care should be taken to do so on a financial scale mod- 
est enough and with methods simple enough to be imitated by the particular 
Indians for whose instruction they are intended. 

Allied with the question of farming (since most Indians not farmers must be 
stock raisers) is that of improving the breed, and therefore the value, of stock 
owned by Indians. The Bureau of Animal Industry of the Agricultural Depart- 
ment already cooperates with the Indian Bureau in the examination of Indian 
sto<?k and the stamping out of animal di.sease. We believe that there should go 
with this work efforts to interest Indians in improving the breed of their stock, 



706 BOARD OF INDIAN COMMISSIONERS. 

and tbat where tlie Indians can be interested, breeding animals should be main- 
tained, for free service or service at a nominal charge, at farms and other cen- 
ters under the charge of superintendents. 

FIELD MATRONS. 

Perhaps no work which the Government has undertaken for the Indians is 
more important than that of field matrons. At points in the Indian field, where 
Christian women of strong moral character and practical common sense have 
for a series of years been matrons, the marked change from the old Indian cus- 
toms to the home ideals of civilized life is conclusive proof of the value of their 
work. They are increasingly needed as more and more Indians take allotments 
of land; for if it is important that Indian men be taught farming, it is equally 
or more important that Indian women be taught home making. For this work 
the capable field matron is peculiarly fitted. We believe it would be desirable 
to double the number (now 61) of field matrons within the next fiscal year. 



The most hopeful feature of Indian education seems to us to be the great 
increase in the number of Indian pupils (now about 4,400, not including the 
6,900 in the public schools of the Five Civilized Tribes) in the public schools of 
the country. The policy of the Indian Oflice to. so far as practicable, " make the 
course of study for each Indian school conform to the course of study adopted 
by the State or county in which it is situated " is a step in the right direction, 
as is the increase in the amount of elementary instruction in agriculture and in 
the arts and trades. And we regard as a hopeful experiment the recent division 
of the school field into six supervisory districts with a supervisor in charge of 
each. 

The matter of schools for the Navaho urgently demands attention. Although 
the habits of this peoi)]e make the establishment of a system of day schools 
almost impossible, education of their children should in some way be provided. 
Boarding-school accommodations for them should be created and existing board- 
ing schools, so situated in latitude and climate as to be desirable places for 
Navaho children, should have their vacancies filled by the admission of Navaho 
pupils. 

Respectfully submitted. 

Andrew S. Draper, Cliairman. 

Albert K. Smiley. 

Merrill E. Gates. 

William D. Walker. 

George Vaux, Jr. 

Michael E. Bannin. 

Warren K. Moorehead. 

Samuel A. Eliot. 

James Gibbons. 

Frank Knox. 
To the Secretary of the Interior. 



APPENDIX. 

The Board of Indian Commissioners. 

MEMBERS. 

Andrew S. Draper, chairman Albany, N. Y. 

Albert K. Smiley Mohonk Lake, N. Y. 

Merrill E. Gates 1309 Rhode Island Avenue, Washinjiton, D. C. 

William D. Walker Buffalo, N. Y. 

(lEORGE Vaux, Jr 1421 Chestnut Street, Philadelphia, Pa. 

Michael E. Bannin 55 Montgomery Place, Brooklyn, N. Y. 

Warren K. Moorehead , Andover, Mass. 

Samuel A. Eliot 25 Bacon Street, Boston, Mass. 

James Gibbons Baltimore, Md. 

Frank Knox Sault Ste. Marie, Mich. 

secretary. 

H. C. Phillips, board of Indian commissioners, Washington, D. C. 

Organization and Duties of the Board of Indian Commissioners. 

The board of Indian commissioners was created in 1S69. Its members serve 
without salary, and maintain an office in Washington, for the expenses of which 
and of travel Congress has made special or annual appropriations. Although 
the board reports to the Secretary of the Interior, it is not a bureau or division 
of the Interior Department, but rather a body of private citizens appohited 
by the President, purposely kept reasonably free from governmental control, 
debarred from salaries, and afforded opportunities for investigation in order 
that they may freely express an intelligent and impartial opinion on matters 
pertaining to Indian administration. The origin and functions of the board are 
detined in the following excerpts: 

ACT OF APRIL 10, 1S69 (l6 STAT., 40). 
* « * * * * * 

And he it further enacted, That there be appropriated the further sum of two 
millions of dollars, or so much thereof as may he necessary, to enable the 
President to maintain the peace among and with the various tribes, bands, and 
[larties of Indians, and to promote civilization among said Indians, bring them, 
where practicable, upon reservations, relieve their necessities, and encourage 
their efforts at self-support; a report of all expenditures under this appropria- 
tion to be made in detail to Congress in December next; and for the purpose 
of enabling the President to execute the i)owers conferred by this act, he is 
hereby authorized, at his? discretion, to organize a board of commissioners, to 
consist of not more than ten persons, to be selected by him from men eminent 
for their intelligence and philanthropy, to serve without ])ecuniary eompensa^ 
tion, who may, under his direction, exercise joint control with the Secretai-y of 
the Interior over the disbursement of the appropriations made by this act or 
any part thereof that the President may designate; and to pay the necessary 
expenses of transportation, subsistence, and clerk hire of said commissioners 
actually engaged in said service, there is hereby appropriated, out of any 
money in the Treasury not otherwise appropriated, the sum of twenty-five 
thousand dollars, or so much thereof as may be necessary. 

******* 

707 



708 BOARD OF INDIAN COMMISSIONEES. 

executive order of june 3, iso'j. 

Executive Mansion, 
Washinffion, D. C, June 3. 186<h 

A commission of citizens having been appointed, under tlie authority of law, 
to cooperate with the administrative departments in the management of Indian 
iiffairs * * * the following regulations will, till further directions, control 
the action of said commission and the Bureau of Indian Affairs in matters com- 
ing under their joint supervision : 

The commission will make its own organization and employ its own clerical 
assistants * * *. 

The commission shall be furnished with full opportunity to inspect the 
records of the Indian Office and to obtain full information as to the conduct 
of all parts of the affairs thereof. 

They shall have full power to inspect, in person or by subcommittee, the 
various Indian superintendencies and agencies in the Indian country * * *. 

They are authorized to be present, in person or by subcommittee, at pur- 
chases of goods for Indian purposes, and inspect said purchases, advising with 
the Commissioner of Indian Affairs with regard thereto. 

Whenever they shall deem it necessary or advisable that instructions of 
superintendents or agents be changed or modified, they will communicate such 
advice, through the otiice of the Commissioner of Indian Affairs, to the Secre- 
tary of the Interior; and, in like manner, their advice as to changes in modes 
of purchasing goods or conducting the affairs of the Indian Bureau proper. 
Complaints against superintendents or agents or other officers will, in the same 
manner, be forwarded to the Indian Bureau or Department of the Interior 
for action. 

The commission will, at their board meetings, determine upon the recom- 
mendations to be made as to the plans of civilizing or dealing with the Indians, 
and submit the same for action in the manner above indicated; and all plans 
involving the expenditure of public money will be acted upon by the Executive 
or the Secretary of the Interior before expenditure is made under the same. 
******* 

All the officers of the Government connected with the Indian Service are 
enjoined to affox'd every facility and opportunity to said commission and their 
subconunittees in the performance of their duties, and to give the most respect- 
ful heed to their advice within the limits of such officers' positive instructions 
from their superiors ; to allow such commissioners full access to their records 
and accounts, and to cooperate with them in the most earnest manner, to the 
extent of their proper powers, in the general work of civilizing the Indians, 
protecting them in their legal rights, and stimulating them to become indus- 
trious citizens in permanent homes, instead of following a roving and savage 
life. 

The commission will keep such records or minutes of their proceedings as 
may be necessary to afford evidence of their action, and will provide for the 
manner in which their communications with and advice to the Government shall 
be made and authenticated. 

U. S. Grant. 

REVISED STATUTES OF THE UNITED STATES. 

Sec. 2039. There shall be a board of Indian commissioners, composed of not 
more than 10 persons, appointed by the President solely, from men eminent 
for intelligence and philanthrophy, and who shall serve without pecuniary- 
compensation. (Apr. 10, 1869, 16 Stat., 40.) 

Sec. 2041. The board of commissioners mentioned in section two thousand 
and thorty-nine shall supervise all expenditures of money appropriated for the 
benefit of Indians within the limits of the United States; and shall inspect 
all goods purchased for Indians, in connection with the Commissioner of Indian 
Affairs, whose duty it shall be to consult the commission in making purchases 
of such goods. (July 15, 1870, 16 Stat., 360.) 

Sec. 2042. Any member of the board of Indian commissioners is empowered 
to investigate all contracts, expenditures, and accounts in connection with the 
Indian Service, and shall have access to all books and papers relating thereto 
in any Government office ; but the examination of vouchers and accounts by the 
executive committee of said board shall not be a prerequisite of payment. 
(May 29, 1872, 17 Stat, 186.) 



BOARD OF INDIAN COMMISSIONERS. 709 

ACT OF MAY 17, 1SS2 (22 STAT.. 70). 
******* 

And hereafter tlie coiiiniission slmll (Hily have power to visit and inspect 
agencies and otlier bnmclies of the Indian Service, and to inspect goods pur^ 
chased for said service, and the Conunissioner of Indian Afl'airs shall consnlt 
with the commission in the ])nrfhase of supplies. Tlie commission shall re])ort 
their doings to the Secretary of the Interior. 



October 2-3, 19112. 

memorandum concerning recommendation of appropriation of .$10,000 fob 
board of indian commissioners, 1914. 

On October 2, 1912, Acting Indian Commissioner F. H. Abbott asked the sec- 
retary of the board to go over with him a memorandum he had prepared for 
Assistant Secretary Adams, of the Interior Department, in justification of a 
recommendation proposed by him (Mr. Abbott) for inclusion in the department's 
estimates to Congress of $10,000 for the expenses of the Board of Indian Com- 
missioners. It appears that in preparing his memorandum he had not been 
aware of the executive order of 1869 and of certain later legislation which 
materially affected his argument. Accordingly, on the follow'ing morning, at a 
second conference on the subject, a new^ memorandum (a combination of por- 
tions of Mr. Abbott's document and of a memorandum prepared by the secre- 
tary of the board) was drawn up. 

Later in the afternoon of October 3 Mr. Abbott telephoned that the memo- 
randum had been presented to Secretary Adams; that it had received his ap- 
proval : and that an appropriation of $10,000 would be reconnnended to Con- 
gress. 

A carbon copy of the final memorandum as presented to Mr. Adams is 
attached. 

October 3. 1912. 

memorandum for secretary adams. 

In justification of the estimate of $10,000 for the use of the Board of Indian 
Commissioners for the fiscal year 1914, the following is respectfully submitted: 

The Board of Indian Commissioners, created in 1S69. is unique in being 
probably the only commissioned body in the United States whose members draw 
no salaries. Its status is also unique in that it is not a bureau or division 
of any department and that its members are " appointed by the President solely 
from men eminent for their intelligence and philanthropy." Its purpose, as 
stated by Congress In the act of April 10. 1869 (16 Stat., 40), was that "of 
enabling" the President" to carry out the then new peace policy of dealing with 
the Indians. Its original duty, as defined by Executive order of June 3. 1869. 
was. in brief: 

"To 'determine upon the recommendations to be made as to the plans of 
civilizing or dealing with the Indians, and submit the same for action.' subject 
to approval ' by the" Executive or the Secretary of the Interior ' : to communicate 
'advice as to changes in modes of purchasing goods or conducting the affairs 
of the Indian Bureau,' and. if necessary, to file complaints against officers in the 
Indian Service." 

The obvious intent of these unusual provisions was the creation of an advis- 
ory body, having the sanction of the Government and yet reasonably free from 
governmental restraint or influence, with the right and duty of forming and 
expressing an impartial opinion on Indian Affairs, thereby assisting the ad- 
ministration to guard against the great danger of error, fraud, and injustice 
to which Indian administration is peculiarly exposed. This has always been 
the chief function of the board and the source of most of its public service. 

That the board might properly carry out this duty it was given broad powers, 
including : 

1. " To inspect the records of the Indian Office and to obtain full information 
as to the conduct of all parts of the affairs thereof." 

2. " To inspect in person or by subcommittee the various Indian superin- 
tendencies and agencies in the Indian country." 



710 . BOARD OF INDIAX COMMISSIONERS. 

3. " To be present in person or by subcommittee at purchases of goods for 
Indian purposes and inspect said purchases, advising with the Commissioner 
of Indian Affairs with regard thereto." 

4. To " provide for the manner in which their communications with and 
advice to the Government shall be made and authenticated." 

Congress also, between 1870 and 1872 (Rev. Stat., sees. 2041, 2042), imposed 
on the board the strenuous additional duty of supervising all expenditures of 
money appropriated for Indian purposes and gave it the power to investigate 
all contracts, expenditures, and accounts in connection with the Indian Service. 
When the great amount of clerical work thus involved seemed unnecessary 
Congress passed the act of May 17, 1882 (22 Stat, 70), which reads, in part: 

"And hereafter the commission shall only have power to visit and inspect 
agencies and other branches of the Indian Service, and to inspect goods pur- 
chased for said service, and the Commissioner of Indian Affairs shall consult 
with the commission in the purchase of supplies. The commission shall report 
their doings to the Secretary of the Interior." 

This act doubtless restored the status of the board under the Executive order 
of June 3. 1869, and the act of July 15, 1870 (IG Stat, 360), with the following 
two principal duties: 

1. To determine upon and make recommendations as to methods of dealing 
with the Indians and of conducting the affairs of the Indian Bureau, visiting 
branches of the Indian Service to secure information. 

2. To cooperate with the Commissioner of Indian Affairs in the purchase of 
supplies. 

That this interpretation was contemplated in the act of May 17, 1882, and 
is correct seems apparent because : 

1. The act also appropriated $4,700 and specifically directed that $3,200 
should be used for secretary's salary and office exi>enses and $1,500 for travel. 

Congress could hardly consider the maintenance of an office at an expense 
of $3,200 necessary to direct an expenditure of $1,500 for the single purpose of 
inspecting Indian supplies. 

2. The sweeping " power to visit and inspect agencies and other branches 
of the Indian Service " would, seem to imply something beyond mere inspection 
of goods. 

3. Congress, since 18S2. has made repeated appropriations for the expenses 
of the board, which has all the time been acting under the liberal interpretation 
of the act of 1882. 

The fundamental idea underlying the board's work and giving value to its 
recommendations is that of impartiality. It was designed and organized to 
furnish an ini]tartial viewpoint, with si)edal heed to the i)revention of injustice 
and the recommendation of progres.sive measures. Its best work has been along 
that line. Its unsalaried members, as disinterested parties, are bound to take 
into consideration divergent views regarding Indian matters. This necessitates 
the maintenance of an office which must keep in close touch with Indian legis- 
lation and administration and with the lines of thought represented by mis- 
sionary and philanthropic societies and by private individuals interested in the 
Indians. The scattered residences of the members make such an office indis- 
pensable as a medium of communication and action. It is necessary that the 
board hold annually at least two meetings. It is equally important that one 
or more members make frequent trips to portions of the Indian field in order 
that the board may have the benefit of first-hand observation and knowledge. 

It is self-evident that an annual appropriation of $4,000 gives this board little 
more thiin sufficient to pay the salary of its secretary and office expenses. Un- 
der these circumstances the board has been unable to properly perform its duty 
of visiting and inspecting branches of the Indian Service and of making recom- 
mendations with regard thereto. 

It is obvious that this board, if it is to perform in any proper measure the 
functions imposed upon it by law. should be given sufficient appropriation for 
the performance of these functions. 

In my judgment there is much important and useful service which this 
board could render to the President and to the Indian Service, for which ample 
ai)i)r(>itriation should be made. Many questions arise in the conduct of Indian 
affairs which are diflicult for the Secretary of the Interior or the Commissioner 
of Indian Affairs to investigate and pass upon with a finality which satisfies 
all interested parties. For instance, in such cases as White Earth, the Pueblo 
situation, the question of district agents for the Five Tribes, which have at- 
tracted wide public interest and been the subject of appeal to the President, the 



; Willi. 


)iil siilnry and 


lie iiic 


Miis of inakiiiK 


cliief ( 


lii(.v. would 1)0 


lice lo 


tlu> I'lvsident. 


of tlui 


ise niaUiufi the 


IS tiiiii 


1. Wlioii note 



BOAim OF INDIAN COMMISSIONERS. 711 

Boai'd of Indian ("onnnissioiicis. coinposcd of nion scr\ii 

eminent for their intelligence and pliilaut lii-o]iy. if it had 

independent in\ estifjalions. as was dearly inliMided as it;- 

r.hle to make a findin.i.' tliat wouhl he of iho .urealesl .-issisl 

and whieh. because of the eharaeter a.nd <lisinterestediU'S 

investij;ation, would he aeeepted hy the 'public .generally 

is taken of the larjie amount of money expended in in vest ligation and reinvesti- 

iiation in such cases as the Crow and Pueblo situation, it is very evident that 

it would ha.ve been wise economy to have jiaid the expenses of an investijiating 

connnittee from the I>oard of Indian Commissionei's, which investipition. in the 

nature of thinjis. would have been accepted as final. I am stronjily convinced 

that in this way alone the Board of Indian Commissioners would be able to 

save each year for the Interior Department in cost of investigations more than 

the $10,000 estimated, besides enabling the Board of Indian Commissioners to 

carry out the purpose of its creation by Congress. 

(Signed) F. II. Ahbott, 

Acting CommiHsioner. 



Andovf:r, Mass., Fchruanj 23, Wl.'i. 
Hon. Senator Joe T. Robinson, 

Washington, D. C. 

My Dear Senator Robinson : I was very sorry that you were so busy that 
you could not have a little chat with me w^hile I was in Washington. As I 
Wrote you previously, I inaugurated the commission idea several years ago, and 
succeeded in having it put in the Lake Mohonk platform last October. I think, 
however, if you will pardon me, that there should be five or seven, instead of 
three. A commission of three, with the control in the Indian Office, will mean 
political domination — the very thing we should avoid. Also, that while the 
Commissioner of Indian Affairs should be chairman, the other four members 
should serve as equals. 

I desire to call your attention to the unpleasant fact that the several persons 
and organizations* having the welfare of the Indian at heart are not in accord, 
and through their attacks on the secretary of our board they are, in my humble 
opinion, playing directly into the hands of the grafters. If there are charges 
against our secretary, they should be made public and heard in the proper 
manner. 

The past six years I have accumulated a great deal of evidence with reference 
to our management of Indian affairs and I have always avoided personalities. 
It seems unfortunate that there should be any feeling and that the good cause 
for which we are striving should be placed in jeopardy. 

If your committee desires at any time to hear my evidence or statements, I 
shall' be glad to come and appear before you. During our spring vacation, 
March 27-April 7, I could leave here and come to Washington any day or days 
during that period you might name. 
Very sincerely, yours, 

Warren K. Mooreiiead. 



Department of the Interior, 

Board of Indian Commissioners, 
Washington, D. C, March 2, IdlJ,. 
My Dear Senator: Complying with a resolution adopted by the Board of 
Indian Commissioners at its last regular annual meeting. I take pleasure in 
transmitting herewith, for your information, copy of a resolution, expressing 
the board's interpretation of its authority, functions, and duties under existing 
law. 

Cordially, yours. 

F. H. Abbott. Secretary. 

Hon. Joe T. Robinson, 

Committee on Indian Affairs, United States Senate. 

United States Capitol, Washington. D. V. 

Whereas there is frequent inquiry as to the functions, duties, and authority 
of the Board of Indian Commissioners and the laws and Executive orders 
under which it is constituted and acting : Therefore be it 
Resolved, That the following statement be, and is. accepted as the board's 

interpretation of its powers and duties under existing law : 



712 BOARD OF INDIAN COMMISSIONERS. 

The act of May 17, 1883 (33 Stat., 70), the last act of Congress relating to 
the duties of the Board of Indian Commissioners, provides: 

"And hereafter the commission shall only have power to visit and inspect 
agencies and other branches of the Indian Service, and to inspect goods pur- 
chased for said service, and the Commissioner of Indian Affairs shall consult 
with the commission in the purchase of supplies. The commission shall report 
their doings to the Secretary of the Interior." 

The primary purpose of this act was doubtless to relieve the board of the re- 
sponsibility of supervising " expenditures of money appropriated for the benefit 
of Indians within the limits of the United States," a duty specificallv imposed 
by the act of July 15. 1870 (16 Stat, 360), and to reserve in the board the 
duties imposed by the act of April 10. 1869 (Stat., 40), and the act of May 
29, 1872 (17 Stat., 156). 

The act of April 10, 1869 (16 Stat., 40), carried an appropriation of $3.000.000 : 

" To enable the President to maintain peace among and with the various 
tribes, bauds, and parties of Indians, and to promote civilization among the 
said Indians, bring them, where practicable, on reservations, relieve their 
necessities, and encourage their efforts at self-support, * * * and for the 
purpose of enabling the President to execute the powers conferred by this act, 
he is hereby authorized, at his discretion, to organize a board of Indian com- 
missioners, to consist of not moi-e than ten persons, to be selected by him from 
men eminent for their intelligence and philanthrophy, to serve without pecu- 
niary compensation, who may, under his direction, exercise joint control with 
the Secretary of the Interior over the disbursement of the appropriations made 
by this act or any part thereof that the President may designate." 

The act of May 20, 1872 (17 Stat, 156), provides: 

" The Board of Indian Commissioners is empowered to investigate all con- 
tracts, expenditures, and accounts in connection with the Indian Service, and 
shall have access to all books and papers relating thereto in any Government 
office." 

In retaining in the board all the authority vested in it by earlier acts of 
Congress relating to visitation and inspection of Indan agencies and other 
branches of the Indian Service, the act of May 17, 1SS2, above quoted, neces- 
sarily left remaining in full force and effect all the provisions of the Executive 
order of June 3, 1869. setting forth the authority and duties of the members 
of the Board of Indian Commissioners not inconsistent with the provisions of 
the said act of May 17. 1882. In other words, all the duties and functions of 
the board set forth in the Executive order of June 3, 1869, relating to the visita- 
tion and inspection of agencies and other branches of the Indian Service and 
the inspection and purchase of goods are still in full force and effect, and will 
continue to be so until altered or modified by a subsequent Executive order. 

The paragraphs of the Executive order of June 3. 1869, therefore, which are 
still in full force and efl'ect and binding upon all departments of the Government, 
are as follows : 

"The following regulations will, till further directions, control the action of 
said commission and the Bureau of Indian Affairs in matters coming under 
their joint supervision : 

" First. The commission will make its own organization and employ its own 
clerical assistants. 

" Second. The commission shall be furnished with full opportunity to inspect 
the records of the Indian Office, and to obtain full information as to the 
conduct of all parts of the affairs thereof. 

" Tiiird. They shall have full power to Inspect, in person, or by subcommittee 
the various Indian superintendents and agencies in the Indian country. 

" Fourth. They are authorized to be present in person or by subcommittees at 
purchases of goods for Indian purposes, and inspect said purchases, advising 
with the Commissioner of Indian Affairs with regard thereto. 'And it shall be 
the duty of the Commissioner of Indian Affairs to consult the commission In 
making purchases of such goods.' (Act of July 13, 1870, Stat.. 360.) 

" Whenever they shall deem it necessary or advisable that instructions of 
superintendents or agents be changed or modified, they will communicate such 
advice, thr-ough the office of the Commissioner of Indian Affairs, to the Sec- 
retary of the Interior, and, in like manner, their advice as to changes in mode 
of purchasing goods or conducting the aft"airs of the Indian Bureau proper. 
Complaints against superintendents or agents to other officers will, in the same 
manner, be forwarded to the Indian Bureau or Department of the Interior for 
action. 



BOAKD OF INDIAN COMMISSIONERS. 713 

"The commission will, at their boiird meetings, determine upon recoinmeuda- 
tions to be made as to the plans of civilizing or dealing with the Indians, and 
submit the same for action in the manner above indicated. 

" 7. All the officers of the (Tovernmont connected with the Indian Service are 
enjoined to afford every facility and opportunity to said commissioners and 
their subcommittees in the performance of their duties, and to give the most 
respectful heed to their advice within the limits of such oflicens' positive in- 
structions from their superiors, to allow .such conmiissioncrs full access to 
their records and accounts and to coojn^rate with them in the mo.st earnest 
manner, to the extent of their proper i)owers, in the general work of civilizing 
the Indians, protecting them in their legal rights, and stimulating them to 
become industrious citizens in permanent homes instead of following a roving 
and savage life. 

"8. The commission will keep such records or minutes of their proceedings 
as may be necessary to afford evidence of their action, and \will provide for 
the manner in which their communications with and advice to the riovernnient 
shall be made and authenticated." 

Executive Mansion, Washington, D. C, June 3, 1869. 

(Signed) U. S. Ghant. 

And, to the end that the work of this board may be carried forward with the 
fullest understanding and harmony and in the spirit of strict cooi)eration with 
the Department of the Interior, the Indian Office, and with Congress, be it 
further resolved that a copy of this resolution be transmitted to the Secretary 
of the Interior, the Commissioner of Indian Affairs, and to each and every 
member of the House and Senate Committees on Indian Affairs. 



Anpovkr. M.'VSS., March 21. 191.'f. 
Hon. Joe T. Robinson, 

U. 8. tScnatc, \Vasltiti(jton. D. C. 
My Dkar Senator Robinson : I hand you copy of my letter to Hon. Senator 
Stephens. Some one in Washington must have given Senator Stephens a wrong 
conception of my work. I have no desire to write such letters, but as the hon- 
orable Senator has unjustly and unkindly attacked me, and as the attack indi- 
cates that his informant has shown him but one side of the question, I have 
prepared the inclosed reply. 
Very sincerely, yours. 

Warren K. Moorehead. 



March 23. 1914. 
Hon. Warren K. Moorehead, 

Andover, Mass. 
My Dear Sir: I am in receipt of your letter inclosing copy of communication 
addressed to Congressman John H. Stephens, and thank you for calling my at- 
tention to the matter. 

With personal regards, I am. 
Yours, truly, 

Joe T. Robinson. Chairman. 



March 21, 1914. 
Hon. John H. Stephens, 

United States Senate, Washington, D. C. 

Dear Sir: Under your frank I have received a copy of the Congressional 
Record dated February 20. This contains a speech made by you on February 
20 in the United States Senate regarding the Board of Indian Commissioners. 

I take it for granted that you. as United States Senator, wish to be fair and 
just in your statements. This in mind. I desire to call your attention to the 
fact that you have done me a great injustice. 

A careful search of the records of my work the past 30 years will acquaint 
you with the fact that I am a scientist and have never been engaged in politics 
of any description whatsoever. That I have, over my own signature, for a 
number of years criticized the Indian policy of our Government and have not 
criticized the present administration, as you intimate, but previous administra- 
tions. That all these criticisms have been made in a gentlemanly manner and 

35601— PT 7—14 5 



714 BOARD OF INDIAN COMMISSIONERS. 

never aimed at individuals. Tlie criticisms aimed at iudividuals have been 
those made in the Congress of the United States the past year or two against 
our board and against myself. The Itecord presents the speeches. 

I call your attention to the fact that all the statements made over my signa- 
ture have not been challenged. I mean by this that specific instances of abuse, 
of iucomiietency, of swindle, or graft which have been pointed out by me as 
occurring in Oklahoma and Minnesota have never been challenged, for the rea- 
son that all of my specific references are based on court records. Government 
recoi-ds, individual records, and i)ersonal investigations. 

Mr. Abbott has never in.spired my work, as you seem to think. He is not my 
"near Kei)ub]ican associate." for I am not. as you would have it. a Republican. 
In fact, until recently I frequently expressed opposite views from those enter- 
tained by Mr. Abbott, and when he was acting commissioner I sometimes op- 
posed certain of his views. Politics have never entered either into my work or 
that of our board. We have never, I repeat, discussed politics, and most of 
us do not know tlie political preferences of the other members. 

A careful reading of my original Oklahoma report on your part will indicate 
that I not only did not utter untrue statements, but that the Secretary of the 
Interior never intimated that the statements were untrue. All I said was that 
the addresses in Congress showed that the Oklahoma delegation in Congress 
has not been active in the past in protecting the Indians of that State. The 
records show that the Mott report focused the attention of the United States 
on the problem, and then, and not before then, did Congress do what it should 
have done long ago to save the Five Civilized Tribes. 

I have been to Washington twice the past IS months. I appeared before 
your honorable Senate committee in February of this year. I had with me ex- 
tracts from the Congressional Record and other documents proving all of my 
contentions. You were present at that meeting. I have never been summoned 
to testify before your committee. I have been attacked during my absence and 
never had opportunity to present the facts in the case. In view of the freedom 
of speech enjoyed by all American citizens, I desire to protest against unjust 
and untrue attacks upon one whose only purpose is to point out the present 
deplorable situation obtaining among oiir Indians and to suggest reforms for 
relief. 

The cf»mmission idea, to which you refer, was proposed before the Lake 
Mohonk conference, elaborated there, and voted into the Lake Mohonk plat- 
form. It was not aimed at the present Commissioner of Indian Affairs. On 
the contrary, he is a friend of mine, and I approve of what he is doing. The 
present bill advocating a commission of three is not my idea. A commission 
of thi-ee. with the control in the Indian Office, will not save the Indian. There 
should be a commission of five or seven, if not nine. And these men should 
enjoy unlimited power and authority, and should be men who are not and never 
have been engaged in politics, with the possible sole exception of Hon. Cato 
Sells, whom we all know is not primarily in politics. 
Very truly, yours, 

Waeben K. Moorehead. 



MENOMINEE INDIAN RESERVATION 
SERIAL ONE 



HEARINGS 

BEFORE THE 

JOINT COMMISSION OF THE 
CONGRESS OF THE UNITED STATES 

SIXTY -THIRD CONGRESS 

SECOND SESSION 

TO 

INVESTIGATE INDIAN AFFAIRS 



FEBRUARY 21, 1914 



PART 8 



Printed for the use of the Joint Commission 






WASHINGTON 
GOVERNMENT PRINTING OFFICE 



Congress of the United States. 
JOINT COMMISSION TO INVESTIGATE INDIAN AFFAIRS. 

Senators : Representatives : 

JOE T. ROBINSON, Arkansas, C?iairman. JOHN H. STEPHENS, Texas. 

HARRY LANE, Oregon. CHARLES D. CARTER, Oklahoma. 

CHARLES B. TOWNSEND, Michigan. CHARLES H. BURKE. South Dakota. 

R. B. Keating^ Arkansas, Secretary. 

Ross Williams. Arkansas, Clerk. 



MENOMINEE INDIAN RESERVATION. 



SATURDAY, FEBRUARY 21, 1914. 

Joint Commission to Investigate Indian Affairs, 

Washington, D. 0. 

The commission met at 2 o'clock p. m. in the office of the Senat* 
Committee on Indian Affairs. 

Present: Senators Robinson (chairman), Lane, and Townsend; 
Representatives Stephens and Carter. 

The Chairman. The chairman of the joint commission was 
informed that Mr. Kershaw and Mr. Robert Hamilton were in the 
city and desired to make some statements in connection with certain 
Indian reservations. Congressmen Konop and Stafford are also 
present. Mr. Konop, did you desire to make a statement ? 

STATEMENT OF HON. THOMAS F. KONOP, MEMBER OF CON- 
GRESS FROM WISCONSIN. 

Mr. Konop. I will make a very brief introductory statement. 

The Chairman. We will be glad to hear such statements as the 
Congressmen have to make. 

Mr. Konop. Mr. Chairman and gentlemen of the commission, I 
have not paid much attention to this matter very lately, but some 
time ago I forwarded to the chairman and to the commission a 
statement that I received from Mr. Abbott, who was then Assistant 
Commissioner of Indian Aft'airs. I have heard so many complaints 
from the Indians and from white men, by letters, who know of the 
conditions around Neopit, and because of these complamts I wrote a 
letter to the assistant commissioner, Mr. Abbott, asking him for a 
financial statement of the milling operations there, and Mr. Abbott 
sent me a financial statement, which I filed with your commission, 
and I then, upon examination of the statement, wrote him a letter, 
a copy of which I also filed. From the statements it appears that 
33,713,940 feet of lumber were cut. 

The Chairman. During what period ? 

Mr. Konop. During the year. I suppose it gives that in the state- 
ment here. It says from July 1, 1912, to June 30, 1913. 

I told Mr. Abbott that if those 33,713,940 feet of lumber had been 
sold in logs at a small sum of $10 per thousand, that that of itself 
would net to the Indians $337,139.40. I told him I wanted him to 
specify whether or not in the figures that were submitted by Mr. 
Nicholson to the department and figures that he submitted to me 
anything was allowed for the raw material, that is, whether, the 
Government made an allowance for that. They saw the logs up into 
lumber and they sell the lumber, and they say so much are the re- 
ceipts over the disbursements, and I wanted to know whether any 
allowance was made for the raw material that was being sawed up. 



716 MENOMINEE INDIAN RESERVATION, 

Well, Mr. Abbott never answered me. I talked to him over the phone 
one day, and he said he did not know. Now, he had been Commis- 
sioner of Indian Affairs. I also wanted to know whether any per- 
centage was allowed for the depreciation of the plant, any interest on 
the investment that was made by the Government, because I thought 
as a business proposition the Indians were entitled to know, and 
that Congress and the department were entitled to know whether 
anything is allowed for the raw material, for the interest on the 
investment, and for depreciation of the plant. 

Senator Townsend. By "raw material" you mean timber? 

Mr. KoNOP. The timber that is cut. The figures that are sub- 
mitted simply say so much are the receipts over the disbursements, 
not stating whether or not anything is allowed for the raw material in 
the disbursements or whether or not anything is allowed for deprecia- 
tion of the plant, which everybody knows and every business man 
knows depreciates. They simply state a sum of money as repre- 
senting receipts over disbursements. I have never been able to 
secure this information from the department. Mr. Abbott wrote to 
me that he had taken the matter up with Superintendent Nicholson, 
but since that time I have not heard anything about it. 

The Chairman. When did you last communicate with him about 
this matter ? 

Mr. KoNOP. By writing ? 

The Chairman. No, in any way ? 

Mr. KoNOP. I called him up by telephone and asked him, since he 
has left the office of Commissioner of Indian Affairs, and I at one 
time told Mr. Abbott that I could not believe that that plant was 
paying. He always maintained that it was paying. I said it would 
have to be shown to me by figures that it was a paying business 
proposition, and that the Indians were making anything out of it. I 
told him that I thought this choice timber was being cut, run through 
the mill, sawed up, with no returns to the Indians, and the statement 
also shows that the Indians are getting $29.70 per month for wages. 
Relative to that, if it did not include board for the Indians working 
at the sawmill, those wages were unreasonably low, and if that was 
all the expense that they had for labor at the mill I thought there was 
more loss going on because of that. I personally know nothing about 
this. I have gone through the plant, while going from Langlade to 
Shawano County, and I did not have any time to stop and investigate 
for myself. The only tiling I think that this commission ought to 
investigate is to find out whether the Indians are making anything or 
losing anything. There has been in the neighborhood of $1,300,000 
put into the plant, and the Indians are out that much money. That 
plant has been running six or seven years, and there have been no 
returns. The fund is not being replenished; the mill property is 
depreciating. If we can not make any money by running the mill 
we should stop it. Whether there is something wrong with the man- 
agement or not, I do not know. 

The Chairman. One feature of the enterprise you do not seem to 
take into consideration is the fact that that mill was designed as a 
demonstration plant, to teach the Indians the industry and to enable 
the department to determine the practicabiUty of instructing them 
in conducting enterprises of that sort. Have you made any personal 



MENOMINEE INDIAN RESERVATION. 717 

investigation into the character of the work that is being done in tluit 
particular ? 

Mr. KoNOP. No; I liavc not. 

The Chairman. You do not know anything about whether the 
Indians take readily to that kind of employment or how many are 
employed, I presume ? 

Mr.KoNOP. Well, I have received letters off and on from different 
Indians and white men, stating that white men were being employed 
there, and some of the Indians say they can not get a job. 

The Chairman. Did you receive letters of that character from 
Indians who claimed they are ready and willing and able to do the 
work ? 

Mr. KoNOP. I have received such letters, and I do not know whether 
I filed them with the commission. I have been going through these 
papers very hurriedly — I have had about 15 minutes to take up this 
correspondence — and I do not know whether you have them in your 
files, Imt there have been such letters sent in a statement in relation 
to the Neopit operations. 

The Chairman. Are you famiHar with the manner in which the 
agency disposes of the products of the mill — the lumber? 

Mr. Konop. No; I am not. 

The Chairman. The statement has been made to the commission 
that it occasions a loss of $60,000 a year, the present law requiring 
that the products be sold at public auction, and that if that practice 
were abandoned and a different plan of salhng the lumber was 
adopted that it would amount to a difference of SCO, 000 a year at 
that saw mill; and I was curious to know whether you had looked 
into that phase of it. 

Mr. Konop. No; I liad not investigated that matter. 

The Chairman. Is there extensive feehng in that section in oppo- 
sition to this enterprise from competing institutions? To you know 
anything about that? 

Mr. Konop. I do not knov^'. Tlie only thing that I know is that 
I have been in one corner of my district during the campaign, and I 
met a Mr. Fish, I tliink it was — I do not know whetlicr he would have 
any interest at all in the management of the plant — but he said he 
was over there, visited the plant, and he thought it was a "big joke"; 
that is what he said to me. 

Senator Townsend. Was he a himbe'rman ? 

Mr. Konop. He is a lumberman; he has a mill at a place the name 
of wliich I can not tliink of; and I have heard statements from loggei-s 
oif and on as I run across them. 

The Chair^man. To you mean the manner in which the mill is con- 
(kicted ? 

Mr. Konop. Well, yes; and I have a letter riglit here from a Mi. 
Crabtree. I will quote to you some parts of it. 

wSenator Townsend. Who is ^Ir. Crabtree ? 

Mr. Konop. Mr. Crabtree is a business man who lives at Crandon, 
Wis. To the best of my knowledge, I do not think he is interested 
in the lumbering operations; and he wrote as follows, after I liad sent 
him the statement that I received from the Indian Bureau: 

I have yours of a recent date inclosing the documents in regard to the affairs of the 
Menominee Indian Reservation mill operations at Neopit, for which I thank you. 
The Neopit balance sheet and report of the cash on hand disclose what I expected to 



718 MENOMINEE INDIAN RESERVATION. 

he the case — a continuing great waste in the cutting and milling of the splendid timber 
there that, except for the common inefficiency of almost any Government operation 
in any line of business, is unaccountable. 

No doubt this will show a little more profit from now on for a short time, while the 
best of the timber is being cut, and then when the time comes that the picking up of 
lower grade timber and more expensive logging operations come on, the outgo will 
begin to exceed the income, as it did in the first few years of the work there; and the 
wind-up of the operations there will see nearly all of the Indians' cash go out with their 
timber. With the wind-up of the logging and milling operations will come the deterio- 
ration of the expensive plant to nothing, as by the time they finish sawing there the 
whole mill plant will not sell for $10,000. 

That is the way he writes. 

The Chairman. Are you personally acquainted with the man who 
wrote that letter? 

Mr. Konop. Yes; I know Mr. Crab tree. 

The Chairman. What is his business ? 

Mr. Konop. He lives up at Crandon ; I have met him three or four 
times. I could not tell you what business he is in. 

The Chairman. Do you know how he comes to take up the matter — • 
what prompts him to do it ? 

Mr. Konop. No; I do not. He wrote a book on this subject, re- 
latmg to the Government o])erations over at Neopit, in a little volume 
called Way Back Club, and he told me he was going to get out a 
new edition of the book, so he wanted this information. I procured 
the information from the Indian Bureau and sent it to him, and this 
is the way he writes. I do not know whether he knows anything 
about the figures, but he must know something. 

The Chairman. A member of the Board of Indian Commissioners, 
Mr. Ayer, was assigned by that body to make an. investigation of the 
Menominee Reservation sawmills, and in an elaborate statement to 
this commission, and in a report which I believe has been submitted 
to the department, if I remember correctly, he states that save in one 
or two particulars the enter])rise is conducted in a very satisfactory 
and efficient manner. He does, however, claim that the manner of 
disposing of the products of the mill occasions the loss which I have 
before referred to, of about $60,000 a year, and he also referred to 
some waste that was being practiced there. In that connection he 
was questioned about the employment of Indians in the miU, and he 
stated that all the Indians who were willing to work were given em- 
ployment in preference to the white persons, and stated that he made 
some investigations as to that proposition. I think I have quoted 
him about correctly. 

Senator Townsend. I think so. 

Mr. Konop. Do you want me to answer any questions relating to 
this matter? 

Senator Townsend. You have made no personal investigation of 
this matter yourself ? 

Mr. Konop. No personal investigation whatever. The only thing 
I have is complaints, as any Congressman or Senator will receive, 
relative to the operations of the Government in his district. 

Senator Townsend. Is this in your district, or adjacent to your 
district ? 

Mr. Konop. My district is all around it. I have Langlade County 
to the west and Forest to the north and Oconto County to the east 
of the Indian reservation— that is, the Menominee Reservation — and I 



MENOMINEE INDIAN RESERVATION. 719 

think that the. Menominee Indian Reservation actually is in Shawano 
County, which county is in Mr. Browne's district. 

Senator Townsend. It is possihle for you to make an investigation 
of that personally, is it not ? 

Mr. KoNOP. I suppose it is. I could go up there and see for niy- 
seK. 

Representative Stephens. Mr. Konop, are you acquainted with 
the lumbering business, the value of stumpage, etc., in that country'^ 

Mr. Konop. Well, I liave been brought up right around there, and 
I know a little about it ; I would not be an expert on the proposition. 

Representative Stephens. What would be your opinion, then, as 
to the value of the lumber, estimated on the stumpage basis, in that 
country, per acre? 

Mr. Konop. Per acre ? 

Representative Stephens. Yes. 

Mr. Konop. I could not give you that. 

Representative Stephens. Then, on what other basis ? 

Mr. Konop. I think that timber ought to bring from $\5 to $20 
per thousand. 

Senator Townsend. In the forest, you mean ? 

Senator Lane. From $15 to $20 per thousand feet on the stump 'i 

Mr. Konop. I mean when it is cut — sawed into lumber. 

Senator Lane. Logs '■ Are they worth that up there? 

Mr. Konop. There is very choice timber up there. 

Representative Stephens. What character of timber is it? 

Mr. Konop. There is pine, and I suppose a lot of hemplock. I have 
gone through the reservation and saw some of the nicest pines that 
grow in Wisconsin, and I think there is basswood, and the ordinary 
timber that grows up in northern Wisconsin. 

Representative Stephens. Is it the original forest? 

]\Ir. Konop. Yes; virgin forest. 

Representative Stephens. You say there would be an advantage 
in having a Government mill, for the reason that it would furnish the 
Indians employment. Is it a fact that when lumber is sawed up by 
contract that it is the duty of the Indian Bureau to see that the In- 
(hans are employed in preference to the whites ? 

Mr. Konop. Oh, I think that the Indians ought to be given employ- 
ment in preference to the whites. I have had complaints. A man 
came to see me personally at my home and complained to me that 
certain Indians, who were not ''in" with the management, that is, 
with the Indian agent jvnd the superintendent over there, w^ere denied 
work. Whether that is true or not I do not know; that is a statement 
of somebody to me, and comes second hand. 

Representative Stephens. Have you ever had any statements 
made of that character directly by the Indians ? You said that they 
had been discriminatiiig against them i?i that way. 

Mr. Koxop. I think I could even find letters, if I had time, to that 
effect. _ .. 

Representative Stephens. That they had been, discriminated 
against in the matter of employment? 

Mr. Konop. But I could not charge it pcsitively, nor could I prove 
it except by hearsay or secondary evidence. 

I am not opposed to the Government going into that business — I 
do not know anything about it — but to my mind, and I think the 



720 MENOMINEE INDIAN EESERVATION, 

initid of any business man, it must appear that if this Indian fund, 
this money of the Menominee Indians, that has been put into that 
mill can not be replaced by the sale of the best timber that ever grew 
on God's green earth, we had better quit. 

The Chairman. In other words, you think that the demonstration 
is not successful ? 

Mr. KoNOP. Well, I do not know; from the figures it appears to 
me that it is not successfid. 

The Chairman. Have you any further statements you wish to 
make ? 

Mr. KoNOP. No; unless you wish to ask any more questions. 

I have here a lot of letters and copies of letters, which I can leave 
with you. 

The Chairman. I will go through them. I do not care to insert 
them in the record; are they from the department? 

Mr. KoNOP. No. I think there are some copies of letters from 
individual Indians. 

Senator Townsend. Is it not something you could do that would 
be of real value to us — find out the facts in this case ? You seem to 
have no facts, except some letters. 

Mr. KoNOP. Letters and statements that are made to me. 

Senator Townsend. We have testimony from the men who are 
there on the ground, and the commission would like, and what it is 
entitled to have, any information to the contrary that is a fact. 
Since it is in j^our district, it seems to me you could find out some of 
these things, if you want to submit them to the commission, that 
would have the force and effect of testimony. 

Mr. KoNOP. Well, I suppose that if I went up there and personally 
investigated I could. What I really think this commission ought to 
do is to go out there and see for itself. 

The Chairman. We will probably do that when we can. 

Mr. KoNOP. That is really my purpose in submitting these things 
which have come to me from other people, to trj- to induce tms 
commission to go out there and see for themselves. 

The Chairman. You said you had a conversation with Mr. Abbott, 
I beheve, in addition to some correspondence with liim. I itl he 
change his mint! about the effectiveness of t'us demonstration 
sawmill ? 

Mr. KoNOP. This is the conversation with Mr. Abbott. T used to 
go down there wlien J would get a complaint iind talk matters over 
with him, as a member of the Indian Affairs Connnittee would do, 
and I would always insist that from what T knew, and from what I 
could gather froni the figures, that I (Hd not think the proposition 
was a paying proposition, and that this timber of the Indians was 
being wasted, and that after the good timber was gone the Indians 
would not have money and they would not liave tlie timber, and he 
said, "I think you are mistaken," and I wrote him this letter to 
obtain the figures. After I obtained the figures 1 wrote liim another 
letter. He states in reply that he thought something was allowed in 
the statement for the logs that were being cut. although there is no 
particularization of that, and so I talkecl to him one day and he 
said, "I do not know whether it is a paving proposition or not." 

The Chairman. Congressman Stafford is also present. We would 
be slad to hear from him. 



MENOMINEE INDIAN RESERVATION. 721 

STATEMENT OF HON. WILLIAM H. STAFFORD, MEMBER OF 
CONGRESS FROM WISCONSIN. 

Representative Stafford. Mr. Cliairman and jientlemen, my niaiji 
purpose in coming here this afternoon was to accompany my friend, 
Mr. W. J. Kershaw, a practicing attorney iji Milwaukee, who is 
also a Menominee Indian on his mother's side. He represents, not 
as a practitioner, but as a friend of the In(hans, the Menominees, 
and wishes to make a statement to your commission. 

It may not be amiss, though, since this subject of the operation 
of the plant at Neopit has been brouglit up, to furnish to the com- 
mission a little personal knowledge that I have concerning the 
sidjject. I believe, as I look around me, that all of the members 
of the commission present were in the House when this subject was 
under discussion. Congressman Webster Brown, a lumberman, 
then represented that district. Back in 1904 or 1905 they had a 
tremendous cyclone through that district that caused the destruction 
of some ei2;ht or ten million feet of ti^mber. Mr. Brown was also a 
member of the Committee on Indian Affairs, as my colleague, Mr. 
Konop, is to-day. Various propositions were made during successive 
sessions to seU this dead and down lumber. Mr. Brown was very 
de^sirous of doing something to ])revent its waste. It was rotting 
on the ground. His ]:»lan — the plan carried in the Indian appropria- 
tion bill- met with opposition on the Senate side. Against his 
protest, this idea was brought forward of creating a Government 
mill at Neopit as an experiment to ascertain whether the Indians 
could be given employment and the mill run profitably by cuttmg 
not only this dead and down timber l)'it the other timber on the tract. 

In 1908, as you remember, I was appointed as a member of the 
Select Committee on Pulp and Paper Investigation. After the 
election of that year, in company with Mr. Mann, at the invitation 
of the Menasha Wooden Ware Co., which owns large tracts of land 
in that neighborhood, Mr. Mann left Chicago for Milwaukee, and I 
joined him at Milwaukee for a visit to the Menominee Indian Reser- 
vation, to determine the amount of pulp we had that was available 
in Wisconsin for the purposes of paper manufacture. We arrived at 
the terminus of this Wisconsin & Northern line, which is the branch 
railroad running from Shawana up through the Menominee Indian 
Reservation, on an afternoon, in company with a cruiser, a repre- 
sentative of this Menasha Wooden Ware Co. We went through that 
tract for two hours, until nightfall and until we were obliged to leave 
the tract and go over to Langlade, where we stopped that night. 
There, for the first time, we obtained information of the way they 
measure timber by taking a central point as the basis, and I may say 
that though the timber had l^een once cut over, the white pine had 
been removed, yet there was very excellent timber standing. 

The following day, or the second day afterwards, we went to the 
office. The plant was just then about being put into operation; in 
fact, we slept in the Neopit tavern, on beds without pillows the first 
night the hotel was open, after going through the Menominee Indian 
Reservation and making an examination of the pulp-wood supply 
there and also this dead and down timber. It was a regrettable 
sight to see how 6,000,000 feet of this dead and down timber had 
rotted. We saw piles of ver}^ fine logs averaging in diameter from 



722 MENOMINEE INDIAN RESERVATION. 

18 inches to 2 feet, just rotting there on the banks. We also walked 
for half a niile on the frozen logs in the Little Wolf River, in order 
to get as good a personal inspection of the logs as possible. We saw- 
there the building of the Forestry Service, for at that time the plant 
was under the joint supervision of the Forestry Service and also the 
Agricultural Department. We saw the building of a branch roadway 
up to the very extreme limits of the reservation, on a scale that would 
only be undertaken by the Government, because I can not conceive 
how any private manufacturer would go to the lavish expenditure 
of grading like that just to support a railroad for the accommodation 
of logs. All about us we saw evidences of expenditure of Govern- 
ment funds — or shall I say Indian funds, because these funds come 
out of the Menominee Indian trust funds. They were adding a 
very fine establishment for quarters for the officers. 

The mill, which was hardly in operation, seemed to be equipped 
with the most modern machinery. There were suitable quarters for 
the men that were to be employed. It was expected that the men to 
be employed would not only be the Indians, but those from the 
outside who would manage the mill. 

Some of the Indians, or leaders among the Indians — I can not 
now recall who they were — learning that we were there, requested an 
audience with us. I went down that evening and listened to them, 
and they said that it was not right for the Government to be spend- 
ing half a million dollars of their trust funds on this venture; tliat 
they feared it would only lead to a further expenditure and that the 
Indian trust fund would be diminished. I know nothing about the 
conditions since. I have been endeavoring to ascertain information 
because of my casual interest by having visited the reservation, but 
if the pohcy is to be pursued of cutting down this valuable standing 
timber as far as available, it goes without saying that the Menominee 
Indians up there will in a short time be deprived of their best pre- 
serves without any return whatsoever. Now, I beheve that of the 
$3,000,000 or so trust funds of the Menominee Indians, more than 
$1,200,000 have been spent to this date. How will it be replen- 
ished ? You mil have a plant there but the timber is cut down. 
There wiU not be any use for the mill; there wiU not be any use for 
the spur railroad. We all know sufficient about lumbering to under- 
stand that. 

Senator Townsend. What would you do with that timber ? 

Representative Stafford. I, not being a practical lumber man and 
nothing more than a city-born and bred person, with the little knowl- 
edge I acquired at the time of the pulp and paper investigation after 
a visit personally to Johnsonburg, Pa., where we saw the best conser- 
vation followed in this country, only the mature timber being cut 
down, leaving the other growing. 

I do not know whether the administrative officials up there at 
Neopit are cutting down and cleaning everything. There are two 
policies, of course. The private owner goes through and strips off 
every tiling, cuts down every tiling that is suitable for lumber; and 
the modern conservationist method, such as is followed at Johnson- 
burg, Pa., is merely to cut down the mature timber, leaving the other 
growing that will be available in 5 or 10 or 15 years to stand. 

Re]ireseutative Carter. Wnat is considered mature timber, under 
the conservation idea'^ 



MENOMINEE INDIAN RESERVATION. 723 

Mr. Stafford. That timber that will bring out a good ])iece of 
lumber, something in excess, 1 slioiild say I am only s])(uiking off- 
hand—of 10 or 12 inches in diameter. Of coiii-sc the way the ])rivato 
lumbermen do is to go right through a tract and strip it entirely, 
leaving just a few^ saplings, and then abandon the land for taxes. Of 
course that is no way for anv pei"son who is in favor 

Representative Carter. T]iey do not cut it less than 10 inches, 
the ])rivate ownei-s ? 

Mr. Stafford. Yes; down as small as inches, I believe. Now, 
as 1 say, my onh' interest is that which was aroused by my having 
been a member of that commission and my having visited that plant, 
I am naturally interested in the conservation for the Indians for 
tlieir resources, and if there is an experiment gou)g on up there I 
think that these trust funds of the Indians should not be used to 
depletion, but that an investigation should be made by your com- 
mission, and I hope you will have pereonal opportunity to visit there. 
My home, as you know, is some 150 or 200 miles removed from the 
reservation, and I came here this afternoon to present to }ou Mr, 
Kei-shaw, who is the representative of the Menominees themselves, 
who will address you. 

Re])resentative Stephens. Do you object to answering an inter- 
rogation ? 

Mr. Stafford. No; I shall be delighted to. 

Ile])resentative Stephens. Referring to the statement you made 
a few miimtes ago, that ,vou thought the railroad cost more than rail- 
roads usually built in that country for lumbering purposes should 
cost, wliat do you mean b}- that— that there was more miles of 
railroad 't 

Mr. Stafford. In the fii'st place, Mi-. Stephens, I do not know 
whether the railroad was necessary or not, but I do recall distinctly— 
because we tramped for 6 miles along the bed of the road paralleling 
the Little Wolf River — they were grading it on the level, as if it was 
the foundation for a trunk line, w^nen it was only to be the spur line 
for conveying the lumber down to the plant in Neopit, some 10 or 
12 miles below. 

Representative Carter. It might have been done by a tramway I 

Mr. Stafford. It might have been done by a tianu-oad, but instead 
they were grading, as I recall, the spur there with a bed of about 50 
feet, and cutting down very valuable timber, in preparation for a 
logging road, but which would have been suitable for the grade of a 
trunk line. 

Representative Stephens. Do you know the names of the Indians 
who complained to you ? 

Ml . Stafford. The one who complained most was an elderly 
Indian. I can not recall his name. He seemed to be the head. But 
what I wish to emphasize here is that piior to the establishment of 
this mill the Indians were g.'tting employment on the reservation 
cutting dowai the timber, when they felt like woiking, during the 
winter months and during the logging season, and they got a return 
from that timber that was cut down, and only the mature timbei 
was cut out. 

Senator Townsend. What was done with the timber^ 

Mr. Stafford. That was sold publicly — -sold to private lumbermen, 
I suppose it went down to the lumbeimen at Oshkosh or some of those 



724 MENOMINEE INDIAN RESERVATION. 

large places below— maybe down to Antigo or Shawano. I know we 
did visit a pulp plant at Ashland. 

Our plan by this was to asc-. rtain the available spruce wood and to 
go right into the woods to sec wh'^ther th'>re was an ad< quate pulp- 
wood supply n presented by those Wisconsin forests. It had been 
said that it was not necessary to take off the duty on pulp wood in 
this country, because we had an adequate supply, but after our inves- 
tigation it was shown we did not have, and our position has been 
approved by the Wisconsin paper manufacturers. 

R-: pn sentative Stephens. I understood you to say that at th^ time 
th y wt re delivering the timber to private lumbermen that the Indians 
got employment th'^mselves ? 

Mr. Stafford. Oh, the Indians were employed in cutting down 
during the winter months, all who wanted to work, and they would 
go through and cut down only that which was mature, and Indians 
only were giv(.n employmc nt; but, as I und< rstand, more white people 
have been given emploj'ment at that plant than Indians. 

Represtntative Stephens. And for that reason the Indians were 
complaining % 

Mr. Stafford. As I understand. The plant was just about to 
start. As I told you, the hotel for the accommodation of outside 
laborers— ordinary laborers- had just opened that night. Mr. Mann 
and myscK slept "in the hot-l for the first time, without pillows, but 
we enjoyed the sleep nevertheless after having walked 20 miles that 
day; we wore ready for good sound sleep. 

Tho Chairman. I presume, of course, that you have not any 
detailed information as to the cost of that c nterprise and its ancillary 
instrumentalitr, s, lik-^ the railroad '. 

Mr. Stafford. I can not qualify as an expert witmss at all; I can 
only state these gen'ral facts. 

Representative Stephens. When wore you th^^re ? 

Mr. Stafford. That was in November, 1908; right after the 
election. 

The Chairman. Wo will now be very glad to h^ ar from you, 
Mr. Kershaw. Will you kindly give the stenograph' r your full name ? 

TESTIMONY OF WILLIAM J. KERSHAW, ATTORNEY AT LAW, 
MILWAUKEE, WIS. 

(The witness was duly sworn by the chairman.) 

Mr. Kershaw. My name is WilHam J. Kershaw^ of Mihvaukee, 
Wis. 

The Chairman. Just tell us briefly wdio you are and wdiat interests 
vou have in Indian, affairs, especially wath respect to the Menominee 
^Reservation. 

Mr. Kershaw. I did not come here to represent the Menorninees. 
I am not their attorney, although I understand they do have an 
attorney; and I have never undertaken any of their business. I 
came here on behalf of the Society of American Indians, to do what 
we could in behalf of a bill knowm as the Robinson bill. But my 
mother was a Menominee, and I became interested in the Menominee 
people through that fact, and I made it a point to go up there and 
visit them, and I have been going there once in a wdiile for quite a 
long tim.e, and the only information I get is from my association 



MENOMINEE INDIAN RESERVATION. 725 

with them by going there to their coimty fail-, and talking with 
them. I stayed there a week a year ago last September. 

With reference to this mill proposition, the situation struck me in 
a Httle different light from that presented by the gentleman ])rcced- 
ing me. It occurred to me, from my observation of the whole situa- 
tion, that the Indians individually were ultinuxtely going to suffer by 
that project, although I can not suggest any way of getting out of it 
now, except to go through it, but here is what I think the commission 
would find if it went there for an investigation: It would find that 
the mill ])roject is harvesting the resources of the tribe as a whole, 
and that the resources of the Indians are not in any way being devel- 
oped at all. They have a reservation there of very good land. There 
is no development of the farming enterprises there at all. As near 
as we could observe, the roads run in a haphazard way around 
through the reservation, and they have put their cabins here and 
there and everywhere, without any reservation, but there has been 
no allotment. 

This mill project pays a monthly wage of $30,000. Outside of that 
reservation there are four little towns, and I came to the conclusion 
that those towns were getting every dollar of that money, which would 
go into the Indian's pocket and go right out again into the white 
man's store and enterprises in these outside towns; and the result 
is that the Indian through this operation — largely, maybe, because 
of his own fault — he is kept on the border line of necessity all the 
time. They never have a dollar or a surplus cent, and they do not 
develop any farming, and of course that keeps them on the border 
line of want all the time. They. have no resources, and I came to the 
conclusion that the ultimate result would be that those Indians would 
wind up with their empty mill on theii- hands and their railroad, and 
then Congress or somebody would have to begin to develop the indi- 
vidual resources of the members themselves, and the money, I think, 
would be all gone. If you were to go there to investigate and get to 
talking to those Indians — and I think it is the only way you can get 
the information — you will find many of them are good loggers; they 
are timber men; they Iviiow when timber ought to be moved, when 
it ought to be put in the river; they know when it is mature and wiien 
it ought to be cut, and what part of it can be cut; and I have not 
any of that information except what I have gathered in these general 
conversations with them. I spoke to the supervisor there — I have 
forgotten his name; I think it is Michaels — and I asked wiiat the 
timber amounted to there. "Well," he says, ''there is 1,700,000,000 
feet of lumber there. I think they are sawing between 45,000,000 
and 50,000,000 feet a year. It is the only really valuable body of 
timber in the State of Wisconsin." There is another body of timber 
on the reservation at Ashland, but these Menominees, it seems, have 
the last tract of valuable timber in the State of Wisconsin. It strikes 
me that, since most of you are law^yers, it would not take you long 
to get to the bottom of the situation; and the thing to do, in my 
judgment, would be to allot the lands to these men and start them 
going on their farms, with the exception of those townships which 
contain the timber, and let the Government go on and harvest it. 
But I do think that you will have to have an accurrate survey made 
of those timbers. You will either have to have your own cruisers 
or the cruiser of some private contractor, who can estimate the 



726 MENOMINEE INDIAN EESEKVATION. 

stumpage and tell you which part of it ought to be harvested now, 
which part can afford to stand, and it may be possible that when you 
do get your survey that you Avill be able to find private contractors 
will take the enterprise off your hands and carry it through with a 
profit to the Indians. But I am afraid that the money that comes 
from it now, if any does come to the Indian, will not idtimately result 
to the benefit of those Indians or their descendants. 

The Chairman. You have referred to the fact that a great many 
of these Indians arc competent lumbermen. How long has that con- 
dition prevailed among them ? 

Mr. Kershaw. I think it has prevailed ever since they were able 
to work. I tlnnk in the early days, those Indians went to aU the 
lumber camps in that surrounding country and became woodcutters 
and sawyers and log drivers; that is about as far as they would go. 

The Chairman. That Is all the work the}^ are doing in connection 
with this sawmill, is it not? 

Mr. Kershaw. I think that is about all they are doing. 

The Chairman. They are not expert sawyers and things of that 
sort? 

Mr. Kershaw. No; they are not expert sawyers, though 

The Chairman. Have you had enough means of observation to 
form a conclusion as to whether that mill is of great value to the 
Indians, from a demonstration standpoint — that is, to teach them the 
lumber business ? 

Mr. Kershaw. No; I do not think it is; and I think that would 
be only an incidental value, if it were, because the timber will be 
gone in the course of ten years, I think. 

Re])resentative Stephens. Would they have anything to show 
for it then ? 

Mr. Kershaw. No; I do not think they would, Mr. Stephens. 

Another thing that you ought to go there for the purpose of con- 
sidering is the Wolf River, which constitutes the finest water power 
in the State of Wisconsin. It is a wonderful stream, in a way. There 
are distances of over 3 miles of successive rapids and falls almost, 
of such a natural character that it would be very easy to utilize the 
power over that section of the country; and one of the Indians told 
me that they had discovered iron there, and that he knew where it 
was and had told the superintendent; that nobody but he and the 
superintendent knew where it was, but I have never heard anything 
from that since. He wanted to know what could be done about it, 
but if there is juineral there I think the commission ought to find it 
out. 

Representative Stephens. What is the name of that Indian? 

Mr. Kershaw. I could not give you his name, but he wiU come and 
tell you, because he is always around, if there is anybody he can give 
his information to. 

Representative Stephens. What about the depth of the fall in tliat 
3 miles you mentioned ? 

Mr. Kershaw. Oh, I should judge 50 or 60 feet, successive short 
rapids. 

Representative Stephens. Short rapids? 

Mr. Kershaw. Yes, sir. 

Representative Stephens. Are there any abrupt rapids ? 



MENOMINEE INDIAN RESERVATION. 727 

Mr. Kershaw. Yes; one or two. Thoro is ono riglit at Kcshoiia, 
with a fall, I should say, of 8 ro 10 foot over an abrupt precipice. 

Representative Stephens. What is the amount of water whicli the 
river usually runs at the ordinary stage ? 

Mr. Kershaw. It is a strong, full body of water, I should say 75 or 
100 feet in width as a mean measurement, with a deep, strong current. 

Representative Stephens. Is there any town near there, a city or 
anything of that sort ? 

Mr. Kershaw. No; there are no towns on the reservation, excejit 
Shawano, which is outside the reservation. That is one of the towns 
that lives on the pay roll of the Menominee Indian. 

Representative Stephens. What are the agricultural resources of 
that reservation ? 

Mr. Kershaw. They are mostly, but they are undeveloped. 
They have no farms, and I do not think those Indians do any farming 
of any consequence. 

Representative Stephens. Has the agent never done anything in 
that direction ? 

Mr. Kershaw. I think he has undertaken to do something. I 
think they have undertaken to do something with this reimbursing 
fund, but my observation of that is that that is a mighty big project, 
and I do not think any private concern would have shouldered upon 
one superintendent the duty or the responsibility of running that 
great mill and harvesting that timber, and then looking after the rest 
of the Indians on the reservation, doing the ordinary superintendent's 
work. 

Representative Stephens. Is there any farming at all done there 
around the reservation or on the reservation any place that you 
know of? 

Ml'. Kershaw. Very little. I do not think there is as much done 
as might be. 

Representative Stephens. Is there any gardening ? 

Mr. Kershaw. Yes, sir; there is some. 

Representative Stephens. To what extent — has each Indian 
family a garden ? 

Mr. Kershaw. No; 1 do not think each Indian family has a garden. 

Representative Stephens. Is there any fruit raised? 

Mr. Kershaw. No fruit raised. 

Representative Stephens. Is there any stock raising? 

Mr. Kershaw. There is some stock raising now. 

Representative Stephens. ^Miat kind of stock have they? 

Mr. Kershaw. Well; they aim to get Jersey cows- — those that I 
talked with said they had obtained Jerseys. One man, I think, said 
he had Holstein cattle. I have taken some personal mterest trying 
to develop those things, and I have offered some prizes up there at the 
county fair. 

Representative Carter. Do you know how much land there is 
on this entire reservation ? 

Mr. Kershaw. There is about, according to the Indian's claim, 12 
townships. I think they have actually 10, have they not, Mr. 
Konop ? 

Mr. Konop. I do not know. 

Representative Carter. IIow much of it has valuable timber? 

Mr. Kershaw. Four townships. 



728 MENOMINEE INDIAN RESERVATION. 

Reprtsentative Carter. The balance of it is good agricultural 
land, is it ? 

Mr, Kershaw. Yes, 

Representative Carter. Is the timber land agricultural land, too ? 

Mr, Kershaw, Yes; I think it is. 

Representative Carter, So that after the timber is taken off, there 
would be a good opportunity for farming ? 

Ml-. Kershaw. Yes; after the stumps are cleared; the manufac- 
turing of timber leaves the land still in very poor condition. I do 
not kiiow what it would cost them to clear it, perhaps $25 or $30 
an acre. 

Representative Stephens. Can you tell us how those Indians sub- 
sist? Do they live by hunting and fishmg, or wliat is their manner 
of living? 

Mr. Kershaw. Some of them— I noticed quite a number of them 
drawing rations, i think they live on the wages from tlie mill, and 
when the monthl}' salar\' comes in the}' go to these outside towns and 
buy their supplies. Some of them live off of their farming land; I 
think there are two good farmers there. 

I want to say as to these Indians 

Representative Stephens. Are they Indian farmere or Government 
farmers ? 

Mr, Kershaw. Indian farmers. 

Representative Stephens. Did you see any Government farmei-s 
there? 

Mr. Kershaw. I saw the Government farms, but I did not go into 
them. 

Representative Stephens. How many farmers have they employed 
there on that agency — Government farmers? 

Mr, Kershaw. Oh, I could not say; I think they have three large 
farms. 

Representative Stephens. Three Government farmers or three 
farms ? 

Mr. Kershaw. Yes; I think so. 

Representative Stephens. With Indian owners ? 

Mr. Kershaw. Three different farms. 

Representative Stephens. How many farmers ? 

Mr. KoNOP. How many farmers ? 

Mr. Kershaw. I think there is one on each farm. 

Representative Stephens. One on each farm ? 

Mr. Kershaw. Yes, as I understand. 

Representative Stephens. Do you know what their salary is? 

Mr. Kershaw. No; I could not tell you, I did not pay any atten- 
tion. There are numerous complaints wliich have come to me from 
the members of the tribe, and I have not solicited any of their law 
business, and I would not undertake it unless it was of such a legal 
character that it was agreeable to me. These people are a mighty 
intelhgent race of Indians, They have been civilized, I should judge, 
for nearly 100 years, 

I can give you a sample of how they stand in their relations to 
the Government, They sent more men to the Union cause during 
the Civil War than any other nationality in the State of Wiscojisin, 
not excepting the Yankees, They have a veteran post there now 
of 17 members. In the War of 1812 they took a very decided stand 



MENOMINEE INDIAN RESERVATION. 729 

in behalf of the country. They have been of that peaceable and pro- 
gressive character that'll think they were entitled to citizenship and 
allotment and the distribution (^f their funds long ago, and 1 thirk 
it would be the finest thing in the world for those Indians if this com- 
mission could find a way to allot those six townships to them and 
distribute the money, or else make arrangements so they could have 
their resources out of the timl)er from that mill. 

The Chairman. Do you mean to relieve them from any further 
supervision? 

All-. Kershaw. To relieve them from any further supervision 
except possibly suspend the power of withdrawing their land, maybe 
20 years. 

Tlie Chairman. What are tlie scliool facilities on the reservation, 
do you know ? 

Mr. Kershaw\ The school facilities are good. The Government 
has a fine school there at the agency, and tliere is a fine parochial 
school. 

The Chairman. Is their health generally pretty good I 

Ml'. Kershaw. Their liealth is generally pretty good. There is 
one insurance company which has a policy on pretty nea'-ly every 
man, woman, and child on tl\e reservation and claim they have a 
monopoly of the buisness. 

Representative Stephens. Tiiat does not prevent tliem being sick? 

;Mr. Kershaw. No : it does not prevent them being sick. 

The Chairman. But it is an indication that they are insurable, 
and when they are insurable it is a pretty good sign that their health 
is reasonably good. 

Representative Carter. What is the condition, Mr. Kershaw, of 
these In (Hans financially ? 

Mr. KERSHAW^ Thev are led to believe that they are worth all the 
way from S10,000 to .S15,000 apiece, but. as I say," they never have a 
dollar of their own. 

Tlie Chairman. What is the actual condition — have they any 
money ? 

Mr. Kershaw. No: they have no money. 

Tlie Chairman. Some are of the pagan tribe, are they? 

Mr. Kershaw. Yes; there are about 300 pagans there. 

The Chairman. What is their condition \ 

Mr. Kershaw. Their condition averages up with the civilized 
Indians, and those pagans are mighty intelligent; they are very 
truthful — they are the most straightforward, honest men I have ever 
met in my life. 

Senator Lane. More so than the others % 

Mr. Kershaw. Yes; I think they are. And that is casting no dis- 
credit on the prevaiHng rehgious belief of the tribe; I belong to their 
belief myself. 

Representative Carter. What church is that? 

i\ii. KERSHAW^ The Cathohc Church: but I must take off my hat 
to those pagan Indians. They are remarkably fine people. 

I have never bothered myself about the charges that have been filed 
against the superintendent, and so on, and I do not think the com- 
mission would get a working basis from considering the charges and 
the answers thereto. There were some charges — however, of a differ- 
35G01— PT 8—14 2 



730 MENOMINEE INDIAN EESERVATION. 

ent character from those in the Ayeis matter — filed, which were 
brought down here about a year ago, in the month of March, and those 
are still pending. I think they have never been considered; I do not 
know whether this commission has found them or not. 

The Chairman. I will state for your information that we have a 
large amount of information that we do not care to discuss at this 
time, and which I do not think is germane to this proceeding. 

Mr. Kershaw. I understand. 

There are some things that have come to my attention, and if you 
go out there they will come to you themselves and tell you these 
stories, about some things that do not look very good to me. 

There is one thing I do want to mention that ought to be remedied 
rs a whole, with reference to the Indian Service, and that is this: I 
have been called on many times to defend the Indians when they 
are brought down there for violating the liquor laws. They used 
to indict them and bring down a great crowd of witnesses a distance 
of 150 or 160 miles, and then warrants were issued, and they would 
go back and get the indicted men and bring them down to jail. If 
it was in June, they would have to lay in jail until October: and if in 
February until the following Ma}^, usually. When I got into the 
cases I went right up to the Federal judge. He called me and said 
he wanted me to take charge of those Indian cases. I said, "Your 
honor, I appreciate the significance of this appointment - the Fed- 
eral Government does not pay anything, l)ut I deem it my duty to 
the court to go in"- and the first thing I did was to make a motion 
in court and argue it upon the theory that it was against public policy 
for the Government to deal at arm's length in criminal matters with 
its own wards by arresting them on those warrants and putting 
them into jail and not making their property available for fines and 
purposes of bail, and the judge entered an order there that in all 
those arrests that the bail bond of those Indians could be signed by 
any meml:)er of that reservation, and now they are released within a 
few days after they are arrested. Some of these things that have 
come up against the superintendent have come to my attention in 
that way, and once in a while I will use them in a motion to the court 
for leniency, after a man is convicted. I do not care to urge any of 
these things. If your commission goes out there you will get all 
of that information. I do hope that your commission will go to 
that reservation, and I think that you ought to look into it. It is 
a mighty serious problem. 

Representative Stephens. What is the special thing you would 
have us investigate ? 

Mr. Kershaw. I would like to have you investigate the reserva- 
tion with a view to allotmg those six townships and distributing the 
money to the Indians. 

Representative Stephens. Do you mean the townships tliat have 
been cut over ? 

Ml'. Kershaw. No; those that never contained any timber. 

The Chairman. Have you any further statement of fact that you 
would like to submit; any matter within your knowledge as to con- 
ditions on the reservation ? 

Mr. Kershaw. No; nothing further. Senator. 

The Chairman. Do you know the general condition of the Indians 
with reference to living confortably or otherwise ? 



MENOMINEE INDIAN EESEEVATION. 731 

Mr. Kershaw. Well, some of iJiem live comfortably; those in the 
towns do; those that are not in the towns — those not at Neopit or 
Keshena do not live confortably — they may live "comfortably" for 
an Indian, but they do not live as a white man would want to live. 

The Chairman. Do any of them live in tepees 'I 

Mr. Kershaw. No; none of them live in topees. 

The Chairman. Ai-e there no blanket Indians among them ? 

Mr. Kershaw. No; some of the pagans have their tepees near 
their houses. 

The Chairman. But they all have houses which arc available for 
their use if they desire it i " 

Mr. Kershaw. When an Indian builds a house, of course, he may 
not put a floor in it, you know. Just about a month before I came 
away one of the marshals said he went there and arrested one of the 
men, and he found quite a bit of snow on the ground, and the Indians 
in that house were all lying on the bare ground, "spoon fashion," one 
right close to another, a family of six, all with their clothes on. Of 
course, they can survive all that, because the Indian lived that way 
formerly in his primitive state ; but I think the great tiling for the 
commission to do is to turn those men loose; just let them go. 

The Chairman. I want to see if I understand you as to your views 
about the sawmill. You feel, if I understand you correctly, that the 
establishment of that sawmill was a mistake ? 

Mr. Kershaw. Yes; I think it was. 

The Chairman. It has not proved beneficial to the Indians on the 
whole 'I 

Mr. Kershaw. No. 

The Chairman. Wliile you feel that that is true, you do not know 
of any way of abandoning the enterprise 1 

Mr. Kershaw. I do not know how the Government is going to 
abandon it unless you turn it over to a private contractor ; and then 
you will have to get an exact survey of the timber before you can do 
that, so that the contractor would not beat you. 

The Chairman. Are those Indians disposed toward practical 
agriculture '\ 

Mr. Kershaw. Yes; they are. 

The Chairman. Wliat would be the effect of allotting that land ? 
Would they undertake to prepare it for cultivation and actually farm 
it, or would the land finally pass into the hands of the white man ? 

Mr. Kershaw. No; I think they would undertake to prepare it 
and they would keep it for their own. 

Senator Lane. I want to ask you how manv Indians are employed 
at the mill? 

Mr. Kershaw. At the time I was up there I inquired and the 
Indians told me that there were about half. 

Senator Lane. About half ? 

Mr. Kershaw. Yes ; about half. 

Senator Lane. What do the other half do ? 

Mr. Kershaw. Oh, they work in the mill also. 

Senator Lane. The other half work in the mill also ? 

Mr. Kershaw. That is, the employees of the mill were about half 
whites and half Indians. 

Senator Lane. How manv Indians are there on the reservation? 



732 MENOMINEE INDIAN RESERVATION. 

Mr. Kershaw. There are in the neighborhood of 560 adult males 
over 18 years of age, I believe. 

Senator Lane. How many of those work in the mill ? 

Mr. Kershaw. About 215 or 230 or 240, I think. 

Senator Lane. What do the rest of the Indians out of the total 
population do for a li^ang, on the average ? 

Mr. Kershaw. They farm. Some of them go off the reservation — 
I do not know what for. 

Senator Lane. To work for other farmers ? 

Mr. Kershaw. To work for other farmers. 

Senator Lane. They do not farm themselves, as I understand you ? 

Mr. Kershaw. No. 

Senator Lane. They are laborers ( 

Mr. Kershaw. Yes. 

Senator Lane. What rate of wages do they get? 

Mr. Kershaw. I could not say what rate of wages they get. 

Senator Lane. Do they have opportunities to secure work? 

Mr. Kershaw. Well, no; can only get so much work off the 
reservation. 

Senator Lane. Off the reservation ? 

Mr. Kershaw. Yes. 

Senator Lane. They are self-supporting, are they? 

Mr. Kershaw. Yes. 

Senator Lane. Do they get annuity rations? 

Mr. Kershaw. Yes; they have be^en drawing annuity except for 
the past two years. I think it has been during the last two years, 
$20 a payment and two payments a year. 

Regarding the employment of Indians, I stated it is provided that 
the Indians shall receive preference in the Indian Service in the 
matter of employment; but I read over that act creating this mill, 
and at the time^ I read it, it sounded to me as though it left the 
Secretary of the Interior no discretion except to employ Inditvns. 

Representative Stephens. That is positively stated ? 

Mr. Kershaw. It looked to me that way when 1 read it. 

Senator Townsend. Did I understand you to say that none of this 
land has been allotted to the Indians on the Menominee Reservation ? 

Mr. Kershaw. None have taken any allotments; it may be pos- 
sible under the law, but no allotments have been set aside for them. 
None of them are working any allotments that J could see. 

Senator Townsend. I had understood that a portion of that land 
had been allotted; that now they wanted to allot the timber to a 
certain number of Indians, and there was objection to this being 
done upon the part of others, because some had already received 
allotments of timberland, and that no allotments of the timberland 
at least could be made in equity to all the Indians. 

Mr. Kershaw. I should think that was true. 

Mr. KoNOP. I think that refers to the Bad River Indian ^Reser- 
vation. 

Senator Townsend. Possibly. 

Senator Lane. Is there any objection on the part of any of these 
Indians to allotments being made, any sentiment against it among 
the Indians? 

Mr. Kershaw. All with whom I talked wanted allotments made 
and, of course, thev wanted the distribution of the money. 



MENOMINEE INDIAN RESERVATION, 733 

Senator Townsend. Distribution of what money ? 

Mr. Kershaw. They have some money in the Treasury, and tliey 
want that distributed. 

The Chairman. With reference to the right of the Dej^artment of 
the Interior to em])loy white men at that sawmill, the language of 
the act is: 

The Secretary of the Interior shall at all times, so far as practicable, employ 
Indians. 

Mr. Kershaw. Yes. 

The Chairman. vSo that you can see the discretion that may be 
vested in him by the act '( 

Mr. Kershaw. Yes. 

The Chairman. We are very much obhged to you, sir. 

Mr. Kershaw. Gentlemen, the ^Society of American Indians, to 
which I belong, is composed of men who have entered into an asso- 
ciation for the purpose of doing what they can to further the best 
interests of the Indians, and whatever they do they are doing at 
their own expense, and we are down here at our own expense to urge 
the passage of this Robinson bill, and we have set forth in our plat- 
form the three main things that we are looking after, and we have the 
honor of having had a brief talk with the chairman of the commission 
the other day in behalf of this })ill, and I think it is a long ste]) in the 
right direction toward solving the Indian cjuestion. 

The Indian does not want to make complaints or waste any time 
telling what has happened to him in the past. The white men 
reahze that mistakes have been made, and we know that the white 
man is going to correct those mistakes it he can. But it is an im- 
mense ])ro]M3sition, and the manner in which affairs liave been ad- 
ministered have tended, it seems to me, to scatter instead of centering 
it in one head, and I am addressing you gentlemen now as trustees 
of an estate. You are not exactly legislators. It is rather the equity 
side. You are the chancellors now, administering this vast estate, 
and we all know that if any trust company should handle any private 
estate or should we attem])t to handle any estate in this mannei- for 
our clients that we would get into such trouble that we would be 
ashamed of , ourselves as lawyers. But we have got into it tliis far, 
and one of the things committed to your hands now is the Indian's 
property. 

I heard an estimate last night by the commissioner to the effect 
that there were more than a milhon "dollars of real and personal prop- 
erty besides the $60,000,000 of property in the Treasury that 
you have got to take care of. But the Indians are getting restless; 
and the Menominee situation is presented as an example of dealing 
with this perhaps trust estate by a system that is entirely foreign to 
anything that belongs to our system of jurisprudence. It took us a 
thousand years to develop the courts which handle trust estates, 
probably, and centuries to develop probate and chancery court pro- 
cedure; but at one stroke of the pen we have committed the whole 
thing to the jurisdiction of one man, the Secretary of the Interior, 
and we expect him to go through with it and handle it, and it is im- 
possible. You gentlemen have got to take hold of it and handle it; 
and I tell you it is a source of great gratification to see men like you 
gentlemen take charge of this, especially to us who came down here 
interested in this bill, and we now pretty near think that the day of 



734 MENOMINEE INDIAN RESERVATION. 

the Indian is dawning. This Robinson bill just embodies our views 
upon the starting point, as the first move to make, and we want to do 
all we can and give you all the moral encouragement we can through- 
out the country; and my friend, Mr. Stafford, who was kind enough 
to come up here, I think has made up his mind that he is going to 
take some interest in it from now on. 

Representative Stephens. I would like to ask you if it is not a fact 
that most of your adult men are voters ? 

Mr. Kershaw. Oh, yes. 

Representative Stephens. And some of them are officeholders in 
the county in which they live ? 

Ml-. Kershaw. No. 

Representative Stephens. There are Jiot offi.cers among them ? 

Mr. Kershaw. No; I am not an officeholder. 

Representative Stephens. I mean any of your tribe of Indians. 

Mr. Kershaw. Not that I know of. 

Mr. Stafford. Mr. Kershaw came within 100 votes of being our 
colleague. 

Mr. Kershaw. I tried to come to Washington in an official way, 
but I am now here not ui an official way. Aiiother man is drawing 
the salary. 

Representative Carter. The people in your district overlooked 
the chance to elect a mighty good man, did they not, Mr. Kershaw ? 

Mi-. Kershaw. I wish they had been as broad minded as your 
constituency were.' [Laughter.] 

Representative Carter. Broadmmded or liberal ? [Laughter.] 

Mr. Kershaw. We are taking this thing up voluntarily. There is 
no private mterest in this for me — no "game" of my own that I 
want to plead here at all. But these Indians do present a pitiable 
spectacle. My mother was a full-blood Menominee; my father mar- 
ried her before the Civil War. He had done something for the tribe 
before the Civil War and something after the close of the war; and 
she died when I was very young. And as years went on, it has become 
irresistible, this desire to get back to see my mother's people and to 
get with them and to know them ; and that is true of any man who has 
the least little drop of Indian blood in his veins. There is one man 
who comes around to see me, a very prominent and very able lawyer, 
and he says to me, ''I have got some damn fool memories of my 
family that do not agree with me on this, but I am mth you m 
everything he wants." Sometimes he hands me a little money. 
But the men here who have undertaken this interest tlu-ough the 
Society of American Indians are doing it with the great singleness of 
purpose, to do what they can for the American Indian. In the old 
times our forefathers simply pushed the question on ahead of them 
and simply did not try to solve it. It has come down to your hands, 
and arrived at the point where it has got to be solved. 

The Chairman. We are very glad to have heard you, Mr. Kershaw, 
and you, too, Mr. Stafford and Mr. Konop. 

Supervisor Dagenett, do you wish to make a statement ? 

Mr. Dagenett. No, sir. 

(Whereupon the commission adjourned at 4.30 p. m., subject to 
call of the chairman.) 



MEXOMINEE INDIAN RESERVATION. 735 

[Public-No. 74.] 

[S. 4016.1 

AN ACT To authorize the cutting of timber, the manufacture and .'^ale of himber, and the preservation 
of the forests on the Menominee Indian Keservation in the State of Wisconsin. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled. That the Secretary of the Interior be, and he is here1)y, author- 
ized and directed, under sucii rules and rec:ulations as lie may prescribe in cxecutiny: 
the intent and purjioses of this act, to cause to be cut and manufactured into lumber 
the dead and ddwn timber, and such fully matured and ripened green timber as the 
forestry service shall desiiinate, upon the Menomin"c Indian lieservation in the State 
of Wisconsin: J'mvided, That not more than tAventy mdliim fer't of timber shall be 
cut in any one year: And provided further , That this limitation shall not include the 
dead and \lown timber on the north half of township numbered twenty-nine, range 
numbered thirteen east; the north half of township numbered twenty-nine, range 
numbered fourteen east, and the sr»iith half of township numbered thirty, range num- 
bered thirteen east, on the Menominee Reservation in Wisconsin. 

Sec. 2. That the Secretary of the Interior shall, as soon as practicable, cause to be 
built, equipped, and operated suitable sawmills, equipment, and necessary buildings 
for mamifacttn-ing into lumber the timber cut under the pro\asions of this act, and there 
shall be employed such skilled foresters, superintendents, foremen, cruisers, rangers, 
guards, loggers," scalers, and such other labor, both in the woods and for operating saw- 
mills, equipment, and necessary buildings as may be necessary in cutting and manu- 
facturing logs and lumber and in the protection of the forests upon said Indian reser- 
vation. The Secretary of the Interior in so far as practicable shall at all times employ 
none but Indians upon said reservation in forest protection, loggiiig, driving, sawing, 
and manufacturing into lumber for the market such timber, and no contract for logging, 
driving, sawing timber, or conducting any lumbering operations upon said reservations 
shall hereafter be let. sublet, or assigned to white men. nor shall any timber upon 
any such reservation be disposf^d of except under the provisions of this act. When- 
ever any Indian or Indians shall enter into any contract purstiant to this act, and shall 
seek by any agency, copartnership agreement, or otherwise to share in the same with 
any white naan. or "shall employ in its execution any labor or assistance other than the 
labor and assistance of Indians, such act or acts shall thereupon terminate such con- 
tract, and the same shall be annulled and canceled. 

Sec. 3. That the lumber, lath, shingles, poles, pests, bolts, and pulp wood, and 
other marketable materials so mamifactured from the timber cut upon such reserva- 
tions shall be 8>ld to the highest and best bidder for cash, after due advertisement, 
inviting proposals and bids, Under such rules and regulations as the Secretary of the 
Interior mav prescribe. Tlie net proceeds of the sale of such lumber and other mate- 
rial shall be deposited in tlie Treasury of the United States to the credit of the tribe 
entitled to the same. Such proceeds "shall bear interest at the rate of four per centum 
per annum, and the interest shall be used for the benefit and such Indians in such 
manner as the iS<^cretary of the Interior shall prescribe. 

Sec. 4. That the Secretary fif the Interior is hereby authorized to pay, out of the 
funds of the tribe of Indians" located upon said reserA-ation, the necessary expenses of 
the lumber operations herein provided for, including the erection of sawmills, equip- 
ment, and necessary buildings, logging camps, logging equipment, the building of 
roads, improvement of streams, and all other necessary expenses, including those for 
the protection, preservation, and harvest of the forest upon such reservation. 

Sec. 5. That when the dead and down timber, and such fully matured and ripened 
green timber as the forestry service shall designate, shall have been converted into 
lumber, then the Secretary of the Interior is directed to make sale of such portions 
of the sawmill and manufacturing plant as mil not, in his judgment, be needed iux 
continuing operations on this reservation. The terms of these sales shall be fixed by 
the Secretary, and after the payment of the costs and charges of sale the net proceeds 
thereof shall be deposited in tlie same manner and for the same purposes as the net 
proceeds (A the sale of the lumber aforesaid. 

Sec. 6. That all acts and parts of acts i\\ conflict with the provisions of this act are 
hereby repealed. 

Approved. Marcli 28, 1908. 



736 MENOMINEE INDIAN EESERVATION. 

[Extract from hearings had before the Joint Commission on February 5, 1914, part 7, "Board of Indian 
Commissioners."] 

Statement of Mr. Edward E. Ayer, Chicago, III., Member of the Board op 
Indian Commissioners. 

Commissioner Ayer. I was requested by the board, seconded by Commissioner 
Moorehead and Secretary Lane, to make a general investigation there. I sent a copy 
of my report to you. Senator. 

The Chairman. I have received it. 

Commissioner Ayer. It was a big subject. There are 250,000 acres of land there; 
there are 1,700 Indians; a sawmill, which has been an experiment; the commission's 
schools and the Government's schools, an enormous proposition 

The Chairman. Will you submit a brief review of the conditions as you have foimd 
them there, and also your suggestions in connection with them? 

Commissioner Ayer. Before I went to the reservation I got from Commissioner Sells 
a voluminous letter from an attorney up in that country, who had made serious charges 
ac^ainst the whole proposition. I was an entire stranger to the location, to the propo- 
sition; I never had been on the reservation and never had seen any human being who 
had been on the reservation. And I will take the opportunity of saying, too, that I 
was asked if I had any lumbering interests in Wisconsin. I have not handled a stick 
of lumber north of the Ohio River in 16 years. I never handled a stick from that 
neighborhood in my life. 

I first asked Commissioner Sells to send me the strongest man that he had in the 
Forestry Service. My exact words were, "I want you to send me a man that can tell 
me about the theory of forestation, and all that sort of thing, and a man that you have 
entire reliance in. " I also brought up from the South one of my company's old logging 
superintendents, and I took our secretary and treasurer, who had been in the business 
25 years, had spent much time in the woods in Arkansas as a boy, and in his duties had 
gone over our properties once or twice a year, and I took my own stenographer. 

This gentleman who made those charges met me at the station, And, by the way, 
Commissioner Sells suggested it would be a good thing for me to give him an interview, 
but I readily saw the conditions. He had been nearly a year working up a sentiment 
there against the property, practically all the information coming from disaffected 
Indians, largely half breeds who had worked their way into the tribe in modern times. 

I first went over the yard— I am entirely familiar with that part of the work — with 
all of these men. and made notes there myself. In the meantime I never exchanged 
a word with the superintendent in regard to conditions there. He never was present 
at any moment during my investigation or questioned pertaining to the examination 
of any witness in any way, shape, or manner. 

The next morning I told tliis gentleman who had made these charges — first, I told 
him he had better take not over five Indians into the woods. I reconsidered that and 
told him to take just as many as he wanted. I also sent my superintendent and the 
forester that Mr. Sells has sent me. and my secretary, who was also a practical woods- 
man, and the agent and his logging superintendent, and the Government logging 
cruiser, who is the adviser of how much lumber shall be cut. They all w'ent into the 
woods. 

There had been charges made of tremendous waste in logging, and all that sort of 
thing, and photographs furnished. I will say that they have to log all the year long. 
They go back from their temporary railroad properties 1.200 or 1,400 feet, and that is 
logged in the summer where they can snake in with their machinery to the railroad. 
Then, behind that, in the winter they log a mile or two away and draw it in with sleds 
in the usual way, so that if anytliing should happen — for instance, last year the snow 
went off 30 days earlier than usual, and there were some logs left in there. They 
went entirely over this, practically the cut of three years, which represents the time 
since the mill has got on its feet under this present administration. I also took the 
sworn testimony — Mr. Nicholson, after we came away, sent his logging superintendent 
and the Government logging supperintendent 

Senator Townsend. Who is Mr. Nicholson? 

Commissioner Ayer. The agent. I had them scale every log that was left on the 
whole proposition of the three-years' cut— both of my men and the men that Mr. Sells 
furnished — the exact scale of every one of these logs. And these men, all under oath, 
all agreed practically on a certain number of logs that had been left, and it was 
103,000,000 feet of lumber cut in those three years. The lumber that was left there 
would practically make two carloads of lumber. It was the cleanest proposition I 
ever came in contact with in my life. Understand, I did not go out there myself — I 
am too old — but I took the trouble to get this kind of testimony. 



MENOMINEE INDIAN RESERVATION. 737 

There was also the question raised that they had sorted the best timh(;r and had left 
larj^e amounts of inferior timber. That wap true one year esi)ecially, from the following 
fart: Just after Mr. Nicholson, the agent, got fairly at work there was a fire swept 
through 50,000,000 feet of fine timber. The white pme was valuable, the hemlock was 
not. The hemlock at that time would barely pay for cutting. They made extreme 
efforts to save all this white pine that that fire had run through. In that year they cut 
16 000,000 of that and the next year 5,000,000. The total estimate of white pine on 
the reservation is 10 per cent. The next year, the year ending this season, they cut 
3,000,000 feet, which was less than the average of the whole white pine on the res- 
ervation. . mu c J. 

Then the claim was made that the mill was absolutely losmg money. Ihe first 
building of that mill, the location of it, was a great mistake. That was put in charge 
of the Forestry Department, and they were impractical men; and the fiist two years 
were disastrous from trying to work timber that could not be worked, and there was a 
large loss. That had been thoroughly investigated by the Senate committee of about 
that time, and this change was made in accordance with that, so my investigation 
onlv iM'rIaiiU'd to the present occupation. 

The stumpage credited to this mill in operation was the stumpage made up in the 
office here, and that was the stumpage that had been credited to all of this 105,000,000 
cut. Under that stumpage the mill th(^ fir,-t year made, net, about $60,000, and about 
$200,000 the second year, or something like that. It is all in my report there, Senator. 
It showed a net profit, after taking out the stumpage according to these figures, of 
$245,000 in the three years that this agent had been there. • ■ t 

As I said before, they are using that stumpage. I was not satisfied with that. I 
did not think it was enough myself on the hemlock, and I went to one of our strongest 
lumber companies in Chicago and asked them if that was a fair stumpage. They said 
they did not think so. I said, "Please put down opposite this what you think would 
be a fair stumpage in these times." They left the white pine where it was and raised 
the others. They doubled the hemlock. 

I then had a statement made up of the exact number of each kind of lumber that 
thev had cut each of the 13 years. I consolidated them and added the stumpage, 
and it came, my recollection is, to $39,000 more. Subtracting that from the $245,000, 
or something like that, profit of the three years, it still left $280,000 net profit after the 
full count of stumpage had been added to the proposition. 

I also had a statement made up showing the interest on the capital stock that this 
money would represent for the three years. The first year it paid about U per cent, 
or something like that, and the second year about 6 per cent, and the last year about 
9 per cent. 

In the meantime in those three years there had been $451,000 of stumpage and profit 
paid into the treasury, increasing the tribal funds to that extent. In the meantime 
there had been a good manv improvements made in the mill. It was located on a 
tremendous slough, and it was a great expense there, and they were building habita- 
tions. By the way, they loaned money to the Indians. They built an Indian there 
a house aiid took it out monthly and did not charge him interest. They were build- 
ing school houses and that sort of thing, and a planing mill, which was very necessary. 
They had used the balance, lacking of the stumpage count and the profit, except the 
$451,000, which showed an increase in the tribal funds from the date this man came 
here to date. 

I then also found also the most wretched system of selling timber that could be con- 
ceived. This mill is in opposition to the local mills everywhere they sell their lum- 
ber The Government rule made these people advertise in the papers that they had 
so much lumber for sale and ask for bids for it. If you are in the lumber business, 
you have a planing mill and prepare this lumber for the country yard and distribute 
it to the smaller towns all over the country and get whatever there is in it.. These 
people have to advertise it, and, of course, the lumbermen get that timber just as cheap 
as they can. I am sure it has made a difference of $2 a thousand on every stick of 
timber sold. It has made a difference of $60,000 a year that was absolutely thrown 
into the fire by Government red tape. 

In writing to the Secretary about that I said. Now, the country yards are rich 
people as a rule, and there is not any country yard that can not get an indorsement 
from his bank for anything he wants. They put on a traveling man at $2,000 a year 
and sell that lumber direct instead of by bid, and, to show the condition, the United 
States is a large user of sawed lumber 

Senator Townsend. Mr. Commissioner, I do not believe I have it clearly in my 
mind what disadvantage it is to the Indians to have these bids advertised. 

Commissioner Ayer. What advantage? _ j • j 

Senator Townsend. What disadvantage. I understood you to say it was a disad- 
vantage to the Indians. 



738 MENOMINEE INDIAN RESERVATION. 

Commissioner Ayer. Because instead of going and selling this lumber at the full 
price, it is distributed to the farmer and user, which all lumber concerns do, put up 
in bunches, and can only be handled by the speculator and the middleman, who makes 
|2 a thousand that he is not entitled to. 

The Chairman. Virtually sold at auction? 

Commissioner Ayer. Yes. 

The Chairman. Is it probable that the bidding is collusive? 

Commissioner Ayer. It can not be otherwise. Another thing. Senator. I asked 
one of the principal lumber yards — all those lumber yards are bidding from the out- 
side — "Will you handle this lumber for the mill?" and he said, "Yes." I asked, 
"Will you handle it at $1 a thousand?" and he said, "No; I won't." That would 
make 130,000 a year under those conditions. 

Representative Stephens. When were these sales made? 

Commissioner Ayer. Just as the lumber got fit to sell. 

Representative Stephens. When was the last one? 

CommLssioner Ayer. I can not tell as to that. 

Representative Stephens. From two or three years? 

Commissioner Ayer. No; they are sellmg every day; they are sawing all the time. 

Representative Stephens. Who made the rules by which it is sold? 
' Commissioner Ayer. The Government. 

Commissioner Vaux. It was provided for in the act of Congress of 1908. 

Secretary Abbott. March 28, 1908. 

Corumissioner Vaux. It absolutely specifies that this method must be followed 
of asking for bide and selling to the highest bidder. 

The Chairman. In that connection, under the other system suggested by Com- 
niissioner Ayer, would it not be possible sometimes, or probable, that the grossest 
kinds of fraud could be perpetrated upon the Government? Suppose you have a 
dishonest representative who would collude with the buyers. My impression has 
been that there is a great deal of that kind of business in all Government and quasi- 
Goyernment transactions where you have an agent that goes out to negotiate trans- 
actions of that sort. It is very easy for him to get a commission from the buyer, 
and, of course, that makes him the secret agent of the buyer, and if there is no com- 
petition he can sell at any price he wants and ask any commission they will pay him, 
and between him and the buyer they can rob the Government of any amount they 
want to. 

Commissioner Ayer. That would be true if this lumber were sold in large quan- 
tities. You could select from Bradstreet four or five towns and sell to the individuals 
in those towns, and some of them would not buy over one carload a year. Another 
thing, every other lumberman sells that way. You would have to put that man 
under bond; and, over and above that, the lumber associations of that country estab- 
lish the wholesale and retail price of this lumber, so that at the mill you keep posted 
in that way. 

The Chairman. You could very easily detect the matter if the man is disloyal 
to the service? 

Commissioner Ayer. Absolutely. 

Senator Lane. There would not be any trouble about checking the price? 

Commissioner Ayer. That would have made a difference of $150,000 in the pros- 
perity of that concern. 

The Chairman. But by collusion at the mill that could be overcome by dishonest 
agents by means of classification? 

Commissioner Ayer. Yes. 

The Chairman. I merely sugjjest this, Mr. Ayer. It is merely suggested to my 
mind that there are inherent difficulties, and that the whole fundamental of the 
proposition is honest representatives. 

Commissioner Ayer. Yes. To sum up, the charges were that this mill was grossly 
mismanaged; that there was a tremendous waste in the woods; that the yard was not 
kept in order. I have the sworn testimony of a gentleman, who was familiar with 
40 yards, who said that this was as clean a country yard as he knew. And my own 
man, a man of experience, said there was no criticism at all in that respect. 

The bad feature of all this is that these outside influences — for instance, the Indian 
that is bringing these charges and has been the mouthpiece of the people trying to 
get hold of the salaries and that sort of thing on this reservation is a man that has not 
done a stitch of work for three years — two years, surely — and one or two others have 
not. They are supported from some source. Before this bill was started these logs 
were always sold to the different lumber concerns, and you all know what that con- 
dition has been, Senator. It was terrific. 



MENOMINEE INDIAN EESEKVATION. 739 

Now, there is another feature iu this. There are 1,700 people. They wanted to 
be taught to work. The first years it was difficult to get them to work. Iu the mean- 
time the young men have come on and the others have been taught, until this year 
there was an average of 271 men working every day in the year in that plant — Ind- 
ians—at the same wages they paid white men. That was one of the handicaps this 
agent had. You all know how unstable an Indian is as a rule. For instance, I am 
there working at an important part in the mill. I would conclude I wanted to go 
fishing, and the next morning I would not show up, and perhaps I would not for a 
week or two. If they stop one side of that mill, it costs 50 cents a minute. The law 
established that mill, and it is right it should. The whole object of that was to edu- 
cate the Indians to work, and it is progressing in splendid shape. 

Senator Townsend. What is the influence, in your judgment, Mr. Commissioner, 
back of these busybodies? 

Commissioner Ayer. Well, we don't know. We certainly know that these lawyers 
that are trying to get a contract to stand between the agent and the indi\idual Indian 
that is in trouble have not any money. That is certain. The lumber mills all over 
that country are largely sawed out. There are mills near the towns that do not get 
a quarter of the cut. If they could go back to the old theory of logging 40,000,000 
feet of logs a year and selling it to those mills, it would be a splendid thing for them. 
That would furnish the Indian about three months' work a year. Now, he has steady 
work in every conceivable way in regard to marketing thirty or thirty-five million 
feet of lumber a year, and that is one of them. 

Senator Townsend. What proportion of the Indians are favorable to this commu- 
nity logging camp? 

Commissioner Ayer. In my testimony there you will see that some of the best 
Indians there have estimated there were from 5 to 10 per cent disaffected, and through 
this sort of thing: A letter written by a lawyer from Washington last September said 
that the Menominee Indian Reservation had lost in the live years of operation one 
million four hundred and some odd thousand dollars and some cents. 

Now, there is no financial phase of that proposition that is not right here in Wash- 
ington. It shows in the books here in Washington that here has been added in the 
last five years from that plant $451,000 to the money belonging to the Menominee 
Indians. That man knew that was not true, Senator, when he wrote that letter. 
That was scattered broadcast among the Indians. 

Senator Townsend. Who wrote that letter? 

Commissioner Ayer. Mr. Ballinger, a lawyer in this town. The other man that 
made these charges that you have in mv report was a Mr. Tyrrell, from Gillett, Wis. 
You can see from the testimony of his own Indians and by Mr. Tyrrell's testimony 
that the theory was that they want $8,000 a year to spend between the agent and the 
Indians that represent the Indians on that reservation. This conspiracy has been 
going on nearly a year, and the whole showing is that there was a waste perhaps of 
two carloads of luniber in 105,000,000 feet, and that the Indians were working better 
than they ever had. I think it would please any of you gentlemen to go into that 
town and see the cleanliness of it, the order of it", and see how well the Indians are 
doing there, how well they are managed, and all that. It is a calamity to have such 
outside influences. 

Another thing. If you want to start any more lumber mills, for the Lord's sake 
get a committee, pick out half a dozen men to go and look it over, tell what the capital 
stock shall be, where it shall he located, and all that. Then you won't have any 
such trouble as you have had here by putting in inexperienced foresters and boys 
and spending half a million dollars on a proposition of that kind. 

Senator Lane. How much did the mill cost? 

Commissioner Ayer. The whole capitalization is about one million and a few 
thousand dollars. 

The Chairman. Does that represent the actual value of the property? 

Commissioner Ayer. That is the actual value of the property, except, possibly, 
$79,000 lost in the first proposition there by the getting of bad timber and all that sort 
of thing. 

The Chairman. Who owns the stock? 

Commissioner Ayer. We call it the capital stock. There is no stock; that is what 
the mill rc^presents. Now, as against that you have your mill, you have your village, 
you have your dams, vour runway, 40 (T 50" miles of railway, your organization, and all 
that sort of thing. That includes the monev that was lost," too; that is included in the 
expense. It would make about $750,000 the absolute cost of that plant as it stands 
to-day. And I might say, from my own experience, my concern has handled in the 
last 16 years 7,000,000,000 feet of lumber. 

The Chairman. You yourself are engaged in the lumber business? 



740 MENOMINEE INDIAN RESERVATION. 

Commissionpr Ayer. Y( s; but not up there. 
The Chairman. You are a practical lumber man? 
Commissioner Ayer. Yes, sir. 

The Chairman. Now, if I understand you correctly, you think you would in sub- 
stance make three criticisms of that project: First, the mill was not located properly? 
Commissioner Ayer. Yes. 

The Chairman. Second, in some instances there was not a sufficient or proper 
amount paid for the stumpage; and, third, that the system of selling results in an 
enormous loss annually to the Indians? 

Senator Lane. There was nothing said, I think, about the pay for stumpage, was 
there? 

Commissioner Aybr. No; there is no stumpage sold there. I said that was all right 
five years ago, or tliree or four years ago, but the timber is gradually decreasing, and 
it was on that basis that I made up the new statement doubling the stumpage on hem- 
lock and giving an additional cost to certain other wood. 
The Chairman. You merely referred to the stumpage as one item of the cost? 
Commissioner Ayer. Yes. 

Commissioner Vaux. It is simply a matter of bookkeeping whether that is credited 
to upkeep or credited to the mill. The Indians get it in either event. 

Commissioner Ayer. The amount of that whole thing is that you are teaching those 
1,700 people to conserve their property in the future, and as generation after generation 
goes on you will have boys that will be ablest to this .vork. 

The Chairman. That, as I understand it, is in the nature of a demonstration plant? 
Commissioner Ayer. Yes. 

The Chairman. It is proving a success, in your judgment, from a fiiiancial stand- 
point? 
Commissioner Ayer. Yes, sir. 

The Chairman. Now, let us see what it has accomplished. How many Indians 
were actually employed in that mill when you were there? 

Commissioner Ayer. The sawmill was shut down for two weeks when I was there. 
There are 480 adult Indians on that reservation. The average number of workers in 
the mill and in the woods last year daily was 271. 

The Chairman. How many out of the total number of employees of the mill? 
Commissioner Ayer. About 45^ per cent of the employees were Indians, and they 
were short of labor all the time. When they could not get Indians they took white 
men, of course. 

The Chairman. The charges that were made against the superintendent there, 
Mr. Nicholson, embrace one specific allegation that he had violated his duty in de- 
clining to give employment to Indians and preferring white employees. What inves- 
tigation did you make into that? 

Commissioner Ayer. I made investigation by asking the leading Indians of that 
place if in their judgment there had ever been any cases where Indians could not get 
employment. Every one of them, except the disaffected, who had been disciplined 
for drunkenness, for malfeasance, immorality, and that sort of thing^ — they all say 
what I gave in my report of the gentleman, whose name I did not mention — a man 
that has been there 17 years. He says there has been no time when any Indian could 
not get work that wanted it. There has been no time in the past year when they have 
had men enough to run that plant properly and as economically as it ought to be run. 
The Chairman. Do you mean to say they were unable to secure enough Indians to 
do the work? 

Commissioner Ayer. Abscjlutely; and every inducement is offered for Indians to 
go to work. 

The moral effect of the association on that has been first class. Now, I find there 
are 250,000 acres of land and probably 100,000 acres of grazing land. It is a crime 
to allow that food to go to waste. I will say that Commissoiner Sells is already making 
arrangements this next spring to put on it a large body of sheep. I recommend 
putting a thousand cows there and, as soon as we can develop a place, cut hay for 
them; then every fall take the steers and put them on the market and sell them to 
the feeders. The corn belt is only 300 miles away. 

Another thing: That reservation has never been cruised, ^\^ly, if a man would do 
business that way his credit would not be worth a nickel. There are 250,000 acres 
of land that no man knows the value of. That can all be done by experts for 5 cents 
an acre. Then, there should be in this place here and in Neopit analyses showing 
the capacity of particular sections of that reservation, whether it should be used for 
pasturing, raising hay, farming, reforestation, or some other use. 

Senator Lane. To a man that has been used to doing business on business principles 
it looks rather slack, does it not? 



MENOMINEE INDIAN RESERVATION. 741 

ronimissioner Ayek. Not in the loggiiig busiiiesK; but in these other way.s, very 
much so. And there is nobody to blame for that but you gentlemen. 

S(>nat()r Lane. It comes right back to Congress? 

Commissioner Ayer. Right back into Congress, every bit of it; yes, sir. 

Commissioner Dockweiler. We do not hold these present gentlemen res])onsible. 

Commissioner Ayer. Oh, yes, we do. 

The Chairman. We get lectures daily, as far as that is concerned; and we have 
not called yovi gi'iitlemcn here for the purpose of delivering us lectures. We want 
information and sugg(>stions. 

Senator Lane. I think that is pertinent and good criticism. Senator Robinson, 
coming, as it does, from a business man who understands business principles. 

The'CHAiRMAN. I am glad to get his suggestions. 

Commissioner Ayer. I certainly owe you an apology. 

The Chairman. How long were you on the reservation, Mr. Ayer? 

Commissioner Ayer. I was up there three days and a half the first time. 1 did not 
go into the woods, understand. I am too old, nearly 73 years, but I had these experts 
from the Government. While the people were in the woods I took testimony and 
familiarized myself more with the yard and all that, and called in many Indians and 
took their testimony, which you will see. Then, I never said a word to Mr. Nicholson, 
the agent, at all, until I got home and got the report of Mr. Kinney, the Government 
report, and my man's report— all of them. Then I asked the questions that would 
bring out his defense. You will see it all in that paper. 

The Chairman. You were there three days and a half, you say? 

Commissioner Ayer. Three days and half the first time. 

The Chairman. And, under the circumstances, you did not go into tlie woods 
yourself? 

Commissioner Ayer. Oh, certainly not. 

The Chairman. I did not know whether you had or not. I did not know of any 
reason that would have prevented your going there. Now, you submitted the testi- 
mony that you took, with your report, to the Commissioner of Indian Affairs? 

Commissioner Ayer. Every single question that I asked anybody there is in that 
report. . , 

The Chairman. You think that the operations of the mill, so far as its actual con- 
duct is concerned, are businesslike and successful? 

Commissioner Ayer. Yes, sir; remarkably so, under the handicaps that are there. 

The Chairman. Did you investigate all the charges that were made against the 
conduct of the affairs of that reservation, or only just particularly the sawmill matter? 

Commissioner Ayer. I was sent there to investigate that reservation, and no investi- 
gation would have been worth a nickel that did not take in the matter of conditions 
on the reservation— moral, physical, intellectual, and financial propositions. 

The Chairman. What did you find there with reference to the introduction of liquor 
by white employees? ., ^, . 

'Commissioner" Ayer. That is one thing that seems to be almost ml. The investiga- 
tion shows that there have been numerous prosecutions. And if there is one thing 
that Mr. Nicholson has been efficient in it is in keeping that away. 

The Chairman. Did you find many cases of violation of the law? 

Commissioner Ayer. "I did not find any. I could not see that, of course, in three 
days. I saw no drunken men or anything of that kind. I only found in a general way 
the conditions there and the morale of the place. 

The ('hairman. There was a specification in those charges that the Indian employ- 
ees were abused by the white employees, and that the superintendent permitted that. 
Did you look into that? 

Commissioner Ayer. Yes, sir; I do not think it is true in any way. There was no 
indication of it, and they practically never suggested that to me. Of course, every 
single charge there you would find in Mr. Nicholson's report to me, in a way— the 
biography of all these men. It is very easily investigated if you are not satisfied. 
It is a matter of record in the office. j „ r. 

The Chairman. What kind of work do the Indian employees generally do? Can 
they do anything about the sawmill? . 

Commissioner Ayer. The Indian is not employed for a sawyer; he is not employed 
for an engineer; he is employed as a fireman; he is employed for attending, and some 
of them can ride the carriages. But a sawyer can make $50 a day or lose $250 a 
day, and they never have the experience that woul(i teach them that. The records 
show that the Indians as a rule have been a dead failure in running the logging camps. 
You will see in that old investigation what the conditions were when the Indians were 
given those logging contracts. They immediately brought white men in to do every 
one of them, and they had a dead margin on it. Now, as a rule, in the testimony 



742 MENOMINEE INDIAN RESERVATION, 

there, there are usually two or three Indians in charge of the logging camps in the 
woods, and efforts are being made to educate them in that manner. There has been 
a long time that there has not been a single Indian in charge of the logging camps, 
and, of course, there is no disaffected Indian that does not think he would be capable 
of that. 

Senator Townsend. Is the Indian improving much? 

Commissioner Ayer. Very much. 

Senator Townsend. How can you demonstrate that? 

Commissioner Ayer. By going back in the history of the red man. 

Senator Townsend. Do you know what the condition of the Menominee Indians 
was prior to the establishment of that mill? 

Commissioner Ayer. I have a library, Senator, that tells me the condition of every 
Indian tribe in North America since the discovery of North America, since the first 
white man was in any district in North America. 

Senator Townsend. How has the Menominee Indian improved by reason of that 
mill? 

Commissioner Ayer. Because it gives him more labor. Before that mill was be- 
gun the logging contracts were let to Indians. The scalers were bought up, and there 
is a suit here now in these courts for dockages made, and all those questions. All those 
logs were sold and all the manufacturing done away from that reservation. The In- 
dian had none of it. That has been so from time immemorial. Some of them had little 
patches of ground under no supervision; others were largely hunters and trappers. 
To-day there are some of the finest educated men — look at that letter of Oshkosh and 
several of the other men. There are many highly educated men. They are morally 
developed, and I take the opportunity of saying that the missions there have done 
splendid work for a number of years. 

Senator Townsend. Are they thrifty? 

Commissioner Ayer. No Indian is thrifty. There is not one in 10,000. 

Senator Townsend. Is the mill encouraging habits of thrift? 

Commissioner Ayer. Absolutely. And I want to suggest, too, that there is another 
little thing that might help. I would establish a system of prizes to the men that did 
the most work in the mill and in the yard at each one of the camps, and all that sort 
of thing. The young men, of course, "are working better than the old ones. That is 
encouraging. 

I have made a recommendation there that to me is quite a vital one, to get these 
Indians to farming as fast as possible, to give them assistance. Then^as you all know 
in all your States what farming has got to be — I would have the Government keep two 
or three boys every year in Madison, studying forestry, chemistry, agriculture, and the 
different phases of stock raising. 

The Chairman. Who would select them? 

Commissioner Ayer. The brightest boys from the schools that are right there. 
They would come back and analyze my soil and tell me I had better raise this or that; 
tell me the best class of pigs, the best class of chickens, the best class of turkeys, the 
best class of cows, and all that, and have a general scientific supervision over these 
men, because the eventual life of those men has got to be on the farm. 

Senator Townsend. Is anything being done along that line, M;-. Ayer? 

Commissioner Ayer. On the reservation? 

Senator Townsend. Yes. 

Commissioner Ayer. Very little. Some of the pagan Indians and some of the 
Christian Indians have little farms, but they need this scientific supervision and 
inducement. 

Senator Townsend. Do they have an Indian farmer up there? 

Commissioner Ayer. Yes; they have. 

Senator Townsend. What does he do? 

Commissioner Ayer. He is supposed to help. 

Senator Townsend. You did not go into that? 

Commissioner Ayer. No. 

Senator Townsend. Did you investigate anything that the Government employees 
are doing up there to make the Indians more industrious, more self-supporting, more 
thrifty? 

Commissioner Ayer. Yes; but you must understand that the agent is the father, 
mother, grandfather, grandmother, nurse, and wet nurse of the whole 1,700 people on 
that reservation, and I think any investigation -will prove that there has been a great 
advancement in every way through the schools. Of course the mill has spent some 
money in getting better training schools there. That is a very important thing, that 
these boys be brought up to be mechanics, farmers, etc. 

Senator Townsend. Do you know for a fact whether they do attend school or not? 

Commissioner Ayer. Thev do. 



MENOMINEE INDIAN RESERVATION. 743 

Senator Townsend. They all do attend schools? 

Commissioner Ayer. Practically. There are two day schools and two Catholic 
schools. Father Ketcham is familiar with that, and he can probably tell you better. 
Probably there is another one. There are about 80 children in the Catholic school at 
Neopit, and they are just building a new school. They were overrun at the other one. 
There were four schools on the reservation in the two villages, and every scholar has 
an opportunity to go. 

I made an investigation of the conditions of the older Indians, in their little homes, 
who have come under the Christian influences, and found there was a very marketl 
improvement in cleanliness and sanitation, and all that. 

Senator Townsend. How do the Menominee compare with respect to those condi- 
tions with other tribes that you have visited? 

Commissioner Ayer. You can not compare a Pueblo or a Mescalero or Papago or 
Xavajo Indian with any of these other tribes. My business has not been visiting 
Indians; in fact, this is the first personal investigation I ever made, and, I will be 
perfectly frank with you, I hope it will be the last. 

Senator Townsend. You went Tip there principally to investigate the lumber 
business? 

Commissioner Ayer. No, sir; I went up these for the purpose of investigating 
conditions generally on that reservation, which is my duty as a member of the com- 
missioners' board. 

Senator Townsend. And I understand you did investigate the lumber business? 

Commissioner Ayer. No. 

Senator Townsend. WTiat about the farm? 

Commissioner Ayer. That farm was out some distance, and it was bad weather, 
and I did not get out there. Of course there were a great many things which a person 
could not do in the time I had. I spent a good deal of time on it, but all the farming 
there is there is in a primitive state, and there has been no funds available to make 
it anything else. 

Senator Townsend. \Miat is the condition of the health of those Indians up there? 

Commissioner Ayer. There is some trachoma and some eye 

Senator Townsend. Some what? 

Commissioner Ayer. Some trachoma and some tuberculosis, but they are sending 
their children up to Minnesota to a sanitarium that are infected with tuberculosis, 
and there is a fine hospital at Keshena and a doctor at Neopit, and every case of the 
kind or destitution or of sickness and all that is looked after, and they have a female 
field matron, who visits all of these homes within 10 or 15 miles of Keshena, wherever 
they are tucked away in the woods or anywhere. 

Senator Townsend. Do the parents of the children who are afflicted with tubercu- 
losis or trachoma consent to their being removed to the sanitarium? 

Commissioner Ayer. Oh, yes. They do because they have to. There are a good 
many intelligent people there, and the Indians realize they are trying to do the best 
thing they can for their children. 

Senator Lane . ^^^lat is the percentage of tuberculosis there, Mr. Ayer; do you know? 

Commissioner Ayer. No; but there is quite a little of it. 

Senator Lane. Is it increasing or decreasing? 

Commissioner Ayer. I think it is decreasing, if anything. 

Senator Lane. WTiat about trachoma? 

Commissioner Ayer. Trachoma — that is being attended to, too. I think that is 
decreasing. 

Senator Lane. Are they isolated — the tubercular cases? 

Commissioner Ayer. The tubercular cases are being isolated, and they do not let 
them go to the schools, and as soon as they can they send the field matron, who takes 
them up to this sanitarium in Minnesota. 

Senator Lane. Is it an out-door sanitarium? 

Commissioner Ayer. An out-door sanitarium; at a place in Minnesota. 

Representative Stephens. Ihey have hospital facilities, then, for the sick children? 

Commissioner Ayer. Oh. yes: they have just as good as anybody can have, and 
there are about 8 or 10 Indians that have families and all that that are in that hospital. 

Representative Stephens. How many day schools have they on the reservation? 

Commissioner Ayer. Two: one each Catholic and missionary, and two Government. 

Representative Stephens. You call those sectarian schools "day schools"? 

Commissioner Ayer. No; one of them 

Representative Stephens. Or boarding schools? 

Commissioner Ayer. The one is boarding and the other day. There are two day 
schools at Neopit. where the mill is, and there is one where they board in Keshena, 
and one that thev do not. 



744 MENOMINEE INDIAN KESERVATION. 

Representative Stephens. Are there school facilities for all children? 

Commissioner Ayer. Oh, yes; I think so. Of course there are some you never 
could get in school. Some of the Indians are scattered around in little hamlets in 
the woods, and where it is impossible, unless they put their children in boarding 
schools, to have schools for them — little settlements of three and four huts. 

Representative Stephens. You say you were there on the reservation about three 
days? 

Commissioner Ayer. I was on the reservation the first time three days, and the 
next time about three days. 

Representative Stephens. You were out on the reservation about six days alto- 
gether? 

Commissioner Ayer. Yes; altogether. 

Representative Stephens. The agent and the mill are in the same place? 

Commissioner Ayer. Yes; in Neopit. 

Representative Stephens. What is the name of that? 

Commissioner Ayer. Neopit. 

Representative Stephens. Is it on the railroad? 

Commissioner Ayer. Yes. By the way, there is another thing I want to especially 
speak of, one of the first recommendations I made: That railroad stops at Neosho, 
about 20 miles down, and then runs up through the reservation. They have not a 
freight car in the world, or practically any cars, and they run a little "jerk-water" 
passenger train over the road at a fare of 4 cents a mile and without any facilities 
only as they get it from the Northwestern. 

Representative Stephens. How are the freight facilities on this railroad? 

Commissioner Ayer. The Northwestern supplies them cars, as the Northwestern 
connects with it at this town, and that is not satisfactory to the Northwestern road, 
and it is not satisfactory to the mill. The Northwestern road has made two or three 
surveys in there, and they told me — I saw the president of the road and asked him 
in regard to it— so I could report to you gentlemen, and he said that they would 
build in there within a year or two if you want to pay for the right of way, and you 
would then have all the facilities of this Northwestern road in the way of stock and 
cars. 

Representative Stephens. What is the size of the reservation? 

Commissioner Ayer. Purely a mill town, probably a thousand people in it. 

Representative Stephens. Any hotels? 

Commissioner Ayer. No — there is only a lumberjack hotel. 

Representative Stephens. \^Tiere did you have to stay? 

Commissioner Ayer. I stayed with the agent. 

Representative Stephens. You did? 

Commissioner Ayer. Yes. 

Representative Stephens. Who is the agent? 

Commissioner Ayer. Nicholson. 

Representative Stephens. How long has he been there? 

Commissioner Ayer. Three years before, so far as I know. I never saw him before 
I met him there. 

Representative Stephens. WTiat influenced you to go there and make this exam- 
ination? . . 

Commissioner Ayer. I was asked to do this by this Board of Indian Commissioners, 
of which I have the honor of being a member, and also by Mr. Sells, the Indian Com- 
missioner, and Secretary Lane. 

Representative Stephens. About what time did you go out there; what time in 
the month? 

Commissioner Ayer. The 1st of November. Then I came back and digested my 
information and went up again. I had not gone to Keshena the first time, calculating 
to go back, and I went back then and spent a day and a half among the Christian and 
pagan Indians; and then to the mill, and on to another settlement of pagans about 6 
miles up the river. 

Representative Stephens. Do you know a Mr. Abbott? 

Commissioner Ayer. I know Mr. Abbott; yes, sir. I have known him since I have 
been on the Board of Indian Commissioners. 

Representative Stephens. How many years is that? 

Commissioner Ayer. Two. 

Representative Stephens. You have been on the commission two years? 

Commissioner Ayer. Yes. By the way, I was put on by Mr. Fisher. 

Representative Stephens. Two years ago. Whose place did you take? 

Commissioner Ayer. I do not know. I did not know any member of the board of 
commissioners. 

Representative Stephens. Was Mr. Abbott then Acting Indian Commissioner? 



MENOMINEE INDIAN EESEEVATION. 745 

Commissiouer Ayeh. He was Acting Indian Commissioner, to the best of my knowl- 
edge and belief. We visited him that first year. 

Representative Stephens. After Valentine was removed? 

Commissioner Ayer. I do not know; I have not paid any attention to conditions 
at all. 

Representative Stephens. Did Mr. Abbott reqnest you to ask this ap])ointment? 

Commissioner Ayer. No, sir. 

Representative Stephens. No letter? 

Commissioner Ayer. No letter of any manner or nature. Mr. Abbott is our secre- 
tary, and he has just as much influence on meas your stenographer would have on you. 

Representative Stephens. There was no intimation that he wanted you to make 
this trip? 

Commissioner Ayer. No, sir; and, in fact, we never request a word from him in 
any shape. And, gentlemen, I certainly object to that class of questioning to a gen- 
tleman who is paying his own bills, who has spent his life in philanthropy and good 
works, to have to come here and have such questions asked him by anybody. 

Representative Stephens. You are before an investigating committee, you must 
remember. 

Commissioner Ayer. You have no right to investigate my moral standing. 

Representative Stephens. I did not ask you anything about your moral character, 
did I? 

Commissioner Ayer. It is the same thing, if I would allow any man on the face of 
the earth to influence me in my conduct, Mr. Stephens, I am not fit to hold the posi- 
tion I do. 

Representative Stephens. You seem to be very sensitive about that. 

Commissioner Ayer. I am sensitive about that, most assuredly. 

Representative Stephens. And you were out there for the first time three days 
and the last time three days? 

Commissioner Ayer. Yes, sir. 

Representative Stephens. You stayed with Nicholson? 

Commissioner Ayer. I did. 

Representative Stephens. Did he furnish you the books or let you examine them? 

Commissioner Ayer. He turned everything over to me ad liberatim. He said 
to his men in the office, ''Give Mr. Ayer everything he wants; show him everything. " 
In addition, he absented himself from me all the time; he never was in my presence 
or in my hearing during my asking a single question to any man on the reservation. 

Representative Stephens. He has a secretary, has he not? 

Commissioner Ayer. I do not know that. 

Representative Stephens. Who gave these books to you; was it his secretary, or 
how did you get hold of them? 

Commissioner Ayer. All the books I examined — I did not examine those books 
there at all. I got what they call ''statements" after I came away. 

Representative Stephens. Who gave you that statement? 

Commissioner Ayer. Mr. Sells. 

Representative Stephens. Where did it come from? 

Commissioner Ayer. From the books here in Washington. (See letter dated " CM- 
cago, February 11, 1914, from Edward E. Ayer to Senator Robinson, following this 
extract.) 

Representative Stephens. Who made the books here in Washington — Nicholson, 
did he not? Do you not know that to be a fact? 

Commissioner Ayer. I do not know that to be a fact. 

Representative Stephens. How do they get the information here? 

Commissioner Ayer. I do not know. The reports of that mill were made in that 
office, but if you are assuming that the Interior Department is receiving books that 
are not authentic, that is up to you; I do not know anything about it. 

Representative Stephens. Did you not state a few minutes ago that the agent had 
complete charge; that he was "monarch of all he surveyed"? 

Commissioner Ayer. He has to keep those books according to the behest and the 
rules of the United States Government. I do not believe, Mr. Stephens, the United 
States Government is letting anything of that kind go by ■without proper attention 
to know it is being properly kept. 

Representative Stephens. Coming back to the original question, do you not know 
that these books were made up and reports forwarded by Nicholson? 

Commissioner Ayer. I do not know anything of the kind. 

Representative Stephens. How would the Indian Commissioner know they were 
authentically kept? 

35601— PT 8—14 3 



746 MENOMINEE INDIAN KESEEVATION. 

Commissioner Ayer. I do not know. I asked Mr. Sells for anything he had on this 
subject, and he sent me these copies from statements from the books of the United 
States Government in Wasliington. 

Representative Stephens. That is all. 

The Chairman. Nobody on this board of commissioners receives any compensation 
for his service? 

Commissioner Ayer. No, sir; never. 

The Chairman. It is purely gratuitous? 

Commissioner Ayer. And I want to say that I am a man of liberal means, and I 
have always refused to accept in any case any compensation for my traveling expenses 
or any expense I have been to in connection with the board, and I have never been 
since! have been a member of it. 

The Chairman. You pay your own traveling expenses out of your own funds? 

Commissioner Ayer. Absolutely. I took a man who is getting $4,000 a year from 
down in the country and took him up there, and I took another man who is getting 
18,000 out of our office, and took Mm up there, and a stenographer getting $1,200 I 
took him, and paid all those expenses myself, because it is my pleasure. 

The Chairman. If I understand you correctly, you said that the charges that were 
made affecting the integrity and efficiency of the administration of this sawmill were 
prompted by influences which were corrupt in their purposes and design? 

Commissioner Ayer. The effect was corruption, most assuredly, in stirring up those 
Indians in the way they have been there, and, as I said before, I asked for the record 
on these men, and I hope that you have got my entire report, Senator, and I sincerely 
hope that you will read it all. 

The Chairman. It did, however, result in your discovering the fact that the Gov- 
ernment was loose in the method of handling the matter, to the Indians, $60,000 a 
year? 

Commissioner Ayer. Absolutelv, under the law of Congress — it would be about 
that. 

The Chairman. Do you think that that much can be saved as a result of the inves- 
tigation? 

Commissioner Ayer. I certainly do, and that law ought to be changed, and rules 
and regulations established that would save that money, that would get that lumber 
to the consumer. 

The Chairman. There are a good many questions I would like to ask you about 
the condition of those Indians, if you are familiar with it, but I know there are a num- 
ber of other gentlemen here to be heard, and I think perhaps you would like to con- 
clude, so I will reserve them. 

Commissioner Ayer. Can I be of any service to your commission between now and 
3 o'clock Saturday? I leave then, and if I can be of any service in the meantime I 
hope you will command me. 

The Chairman. I thank you very much. We are very glad to have had your 
statement. 

Commissioner Vaux. Dr. Eliot will have something to say with regard to the 
extreme Southwest. 



Chicago, February 11, 1914- 
Dear Senator Robinson: I think my answer to the question where I got my 
amounts in my statement was that I got them from the Government, sent me by the 
Indian Commissioner, from Washington. This was absolutely true as far as all the 
statements I made personally in investigating the Indians, etc., but it only included 
the increase in the logging fund for the three years. The total, you will see by Ex- 
hibit No. 33 (see report of Mr. Ayer on p. 828) was $688,000, stumpage and profits; 
the difference between the two amounts being used, I suppose, in the planing mills, 
roads, railroads, equipment, and the many things that were done during the three 
years, to improve the plant. 

Where I used the figures on Exhibit No. 33 you will see that it is the statement 
from the books of the mill itself at Neopit. 
Yours, very truly, 

Edward E. Ayer. 
Senator Robinson, Washington, D. C. 



MENOMINEE INDIAN EESERVATION. 747 

September 9. 1913. 
Hon. Thomas F. Konop, 

House of Representatives. 
My Dear Congressman: I am in receipt of your letter of September (J, and 
accompanying letters relative to the ]\Ienommee Indian Reservation. I appreciate 
the interest you have manifested, and 1 shall be glad to give your recommendations 
and suggestions careful consideration. 
Very truly, 

Joe T. Robinson, Chairman. 



House of Representatives United States, 
Committee on Expenditures on Public Buildings, 

Washington, D. C, September 8. 1913. 
Hon. Joseph Robinson, 

Chairman Commission to Investigate Indian Affairs, 

United States Senate, Washington, D. C. 
Dear Senator: As 1 understand that the commission appointed under the last 
Indian appropriation bill is to make investigations of Indian affairs in different parts 
of the United States, I would respectfully invite the commission to make an investi- 
gation of the milling operations and general conditions on the Menominee Indian 
Reservation in, Wisconsin. 

I have had complaints from quite a number of the Indians, and also complaints 
from white men, of the waste and mismanagement there. In support of these state- 
ments I am inclosing to you herewith a letter to the former Secretary of the Interior, 
Hon. Walter L. Fisher, which contains resolutions which I am informed were signed 
by over 200 adult Indians on that reservation. I am also appending a few letters 
and a clipping from the Shawano County Advocate. 

If it is a fact that there has been a loss to the Indians in the neighborhood of 81,500,000, 
I think it is high time that this matter be investigated and recommendation relative 
to future operation and management made to the Indian Bureau and to Congress. 

Besides the milling operations, which are sufficient warrant for an investigation, 
there are many other matters that could be looked into by this commission. "These 
other rnatlers are very briefly stated in the resolutions submitted herewith. 

Hoping that this commission will make a thorough investigation of conditions on 
the Menominee Reservation, and thanking you in advance, I am. 
Sincerely, yours, 

Thomas F. Konop. 



September 24, 1913. 
Hon. F. H. Abbott, 

Assistant Commissioner of Indian Affairs, 

Department of the Interior. 

My Dear Mr. Abbott: Yesterday I received a statement of the operations at 
Menominee from your clerk, George A. Collins. 

On page 2 of the statement I find an account of the receipts, disbursements, and 
an amount showing an excess of receipts over disbursements. I also find the number 
of feet of logs cut and hauled to the mill, the number of feet of timber manufactured, 
sold, and shipped, and other minor items. This statement does not give me the 
information I have desired. Let me know whether in the item called "disbursements 
for the year" is included any percentage for depreciation of the plant, any interest on 
the money invested, and also any stated amount per thousand for the logs. 

Supposing that the 33,713,940 feet of logs that were cut and hauled to the mill had 
been sold at a small average of, say, $10 per thousand. That of itself would net the 
Indian fund the sum of $337,139.40. Considering the excellence of the timber on the 
reservation, I think that $10 per thousand is a very small average. If nothing is 
allowed for the logs — that is, for the timber, for the raw material — there is certainly a 
great loss to the Indians. 

My interest in this matter is to see that the mill at Neopit is run on a business 
basis and for the benefit of the Indians, not to their detriment. If nothing is allowed 
for the logs in the statement made, then the Indians are losing thousands of dollars 
every year by the operation of the mill. You state that the Indians receive an 
average wage of $29.70 per month. If this does not include board, then the Indians 
are certainly getting low wages. The cost of $13.05 per thousand for the manu- 
facture of timber seems to me to be exorbitant. 



748 MENOMINEE INDIAN EESEKVATION. 

What I -would desire to get is facts and figures showing whether or not anything 
is allowed for the logs, anything for depreciation of the plant, any interest on the 
money of the Indians invested in the outfit. 
Very truly, yours, 

Thomas F. Konop. 



Department of the Interior, 
Office Assistant Commissioner of Indian Affairs, 

Washington, September 22, 1913. 
Dear Mr. Konop: In accordance with a note sent me by Mr. Abbott, who is out 
of the city for a few days, I am inclosing you copy of Superintendent Nicholson's 
report on the Menominee project, which Mr. Abbott informs me he promised you. 
Sincerely, yours, 

George A. Collins, 
Clerk to Assistant Commissioner. 
Hon. Thomas F. Konop, 

House of Representatives. 



Department of the Interior, 
Office Assistant Commissioner of Indian Affairs, 

Washington, September 26, 1913. 
My Dear Mr. Konop: Upon my return from Chicago this morning I found your 
note of September 24 asking for further information about the Neopit project. In order 
that I may get complete information from the records'! am calling for the information 
you ask for "from Mr. Nicholson, and will submit it to you promptly upon receipt of 
the same. 

I can say to you now that in the statement shown to you there is an allowance made for 
interest and also for the logs. The exact and official statement of this will be included 
in my next communication to you. 
Very truly, yours, 

F. H. Abbott, 
Assistant Commissioner. 
Hon. Thomas F. Konop, 

House of Representatives. 



Annual Report of the Menominee Logging and Lumber Operations from 
July 1, 1912, to June 30, 1913. 

The timber operations for the benefit of the IMenominee Indians, known as the 
Neopit project, report for the fiscal year ending June 30, 1913, great progress, indus- 
trially as well as financially. 

Neopit is a town situated on the Menominee Reservation, Wis., with houses of 
modern construction, electric lighted, and many of the conveniences not ordinarily 
on hand in new country. Here" is situated a large sawmill with a capacity of cutting 
150,000 feet of lumber daily, be.sides lath, shingles, crating, and other by-products of 
a lumber plant. This industry was established primarily as a school of industry for 
the Indians of the reservation '^and those near by. The town itself nimibers over 900 
people, composed of the white skilled and unskilled help and Indians employed m 
lumber industry. The investment represented in the plant is over $1,000,000. Its 
products are sold in the open market of the country and proceeds are deposited in 
the Treasury for the benefit of the tribe. The town boasts of churches, schools for 
children, hotel, stores, and music hall for the people's recreation. 

On this reservation is about 2,000,000,000 feet of timber— pine, hemlock, and hard- 
woods—which are cut on a basis of 40,000,000 feet annually, in line with forestry prin- 
ciples which are meant to insure a perpetual source of income for the Indians. This 
industry owns and operates its own railroad, about 35 miles of main line and branches, 
for purpose of bringing woods products to the mills. Employed in and about the 



MENOMINEE INDIAN RESERVATION. 749 

mills, yards, (11111])^, railroad, etc., are many Indians, some in skilled ])nsitions, the 
greater part in unskilled, who are daily learning the value of daily emi)loyment, 
and, educationally, by contact with white neighbors, making progress in social and 
economic problems. "A recital of total results based on figures from books of the 
operation for the year just ended might be of interest here. 

Receipts for the year $•'^02, 137. 67 

Disbursements for the year 480, 944. 09 

Making an excess of receipts over disbursements of 321, 193. 58 

against 198,346.71 for the year preceding 

Logs cut in woods, hauled to mills feet. . 33, 713, 940 

Lumber manufactured and placed in yard for sale do . . 31 , 112, 471 

Lumber sold and shipped do. . 45, 198, 116 

Lath sold 9,703,640 

Shingles sold 1, 843, 250 

Inventory of lumber on hand 27, 026, 034 

Inventory of lath on hand 4, 643, 010 

Inventory of shingles on hand 2, 707, 250 

besides various other by-products — such as bark, pulp wood, cord and fire wood, 
crating stock, picket and slat stock. An average of 322 Indians have been in con- 
tinuous employment during the year at an average earning of $29.70 per month. It 
is interesting here to make a comparison of progress industrial in the Indian. The 
figures of last year show 220 Indians continuously employed, tliis year 271 Menomi- 
nees, an increase of 23 per cent. 

The total adult males of the tribe number 543. Of tliis 80 are of such age as to be 
not fit for manual labor and 55 not competent, through affliction, to do anything for 
self-support. This leaves 408 adults 18 years and over competent for daily labor. 
Of this number an average of 271 Menominees labored each working day during the 
months of January to May, 1913. 

During the year some progress has been made in improving sanitary conditions of 
town, periodical cleaning up has taken place, new houses and cottages, bungalow 
style, have been built, water tested. Health conditions, as a result, notably improved. 
Traffic in liquor reduced to a minimum. Three steel lookout towers set up in forests 
for fire protection; a immber of new homes for Indians projected or under way, wliich 
are paid for from reimbursable fund, and Indians repay same as rent or easy-payment 
plan. 

Cost of manufacture per thousand reduced from $13.64 per thousand in 1912 to $13.05 
per thousand in 1913. This should result in added increase and profit to the tribe. 
During the coming year this operation expects to devote considerable energy in improve- 
ment of home conditions. The remaining shacks in town will be torn down or remodeled 
and rebuilt with proper regard to light and air conditions. Two new schools opened, 
one a fine modern building, with assembly hall, conducted under Government super- 
vision, the other under supervision of St. Joseph's Industrial School. 

The planing mill has been enlarged to double its former capacity by installation 
of new engine, with increased horsepower, and new machines for finishing lumber, 

Forestry work proper has received greatly increased impetus through assignment 
of a deputy supervisor of forests who has experimented in renewal of forests by plant- 
ing to reforest burned over districts and established a nursery for propagation of nur- 
sery stock. Both above promise results. Cruises of the forests will be undertaken 
and three growth measurements taken with a view of definitely determining the 
annual growth of forests as well as obtaining exact information with a view to annual 
cut. 

Forest damage has been reduced to a minimum, through careful patrol of the forest 
guards and installation of phone system. New roads and trails will be opened up for 
quick communication to reservation districts. 

Attached hereto figures showing results in various phases of the operation. 



750 



MENOMINEE INDIAN EESEKVATION. 



Summary of log cut from July 1, 1912, to June SO, 1913. 

Species. Feet. 

White pine 3, 814, 370 

Norway 448, 140 

Hemlock 22, 904, 930 

Maple 1, 236, 200 

Birch : 2, 359, 750 

Basswood 725, 520 

Soft elm 81, 860 

Cedar 1, 723, 930 

Tamarack 233, 440 

Oak 46, 090 

Ash 112, 460 

Beech 4, 590 

Rock elm 9, 950 

Spruce 7, 090 

Other woods 5, 620 

Total 33, 713, 940 



Lumber, lath, and shingles manufactured July 1, 1912, to June 30, 1913. 



Month. 


Lumber. 


Lath. 


Shingles. 


July. 


Feet. 
2,859,224 
4,665,337 

215,402 


646, 500 

1,227,000 

98,600 


144 OOO 






September 




October 






November : . 






December . . . 




1,098,249 
3,895,350 
3, 248, 795 
3,8721396 
3, 802, 802 
3,687,231 
3,767,685 


297,500 
1,175,500 
860,000 
997,500 
971,000 
914,500 
906,000 










February 






March. 






April 




494, 000 
1,204,000 
1,242,000 


May 












Total 


31,112,471 


8,094,100 


3,084,000 







Lumber sold and shipped July 1, 1912, to June 30, 1913. 



Amount re- 
ceived. 



July 

August 

September. 

October 

November. 
December. . 

January 

February . . 

March 

April 

May , 

June 

Total 



2,733,475 
4,365,127 
4,412,243 
5, 064, 614 
4,720,446 
3,908,163 
4,161,718 
3,396,182 
3,616,538 
2,858,627 
3, 050, 240 
2,910,743 



845,031.42 
00, 663. 96 
65,745.41 
71,041.08 
68,114.93 
56,667.13 
58,958.21 
46,291.42 
49,838.37 
46,994.52 
55, 235. 18 
45,443.53 



45,198,116 670,025.16 

1 



Average per M, $14.82. 



MENOMi::^EE IXDIAN RESERVATION. 

Lath sold and shipped Juhj 1, 1912, to June 30, 1913. 



751 



Month. 


Feet sold. 


Amount 
received. 


July 


1,073,700 
2, 331, 760 
928,000 
721,250 
739,350 
252,250 
247, 050 
477,600 
669,850 
335, 600 
1,477,850 
449, 390 


$2,208.10 




5,217.86 




2,295.66 




2,201.65 




2, 217. 07 




928. 48 




fi56. 16 




1,431.57 




1,909.20 


Anril 


1,074.18 


May 


4,265.75 




1,255.08 






Total - 


9,703,640 


25,660.76 







Average per M, $2.64. 

Shingles sold and shipped July 1, 1912, to June 30, 1913. 



Month. 


Feet sold. 


Amount 
received. 


July 


76, 500 
222, 000 
358,000 
142, 500 
90, 000 
11,000 
28,000 
64,000 
189, 250 
119, 000 
69,000 
484,000 


$91. 81 




621. 26 




892.88 


October 


287. 65 




108. 64 




22.97 




29.32 




72.90 


March 


477.44 




296. 80 


May 


138. 05 




1,124.30 






Total 


1,843,250 


4,064.12 







Average per M, $2.20. 

Ijumber used in construction Jtily 1, 1912, to June 30, 1913. 



Amount 
charged. 



July 

August 

September 

October. 

November 

December 

January 

February 

March 

April 

May 

June 

Total 

Average per M, $11.53, 



108, 186 
164,997 
122,241 
198, 159 
230,983 
26,003 
59,483 
31,323 
103,973 
43,579 



$1,392.1 



1,639.31 

2,482.55 

2,302.63 

330.96 

831.35 

393. 22 

936.87 

620. 75 

1,436.38 

786. 55 



14,983.46 



752 MEiS'OMIXEE INDIAN" EESEKVATION. 

Lath used in construction July 1, 1912, to June 30, 1913. 



Month. 


Feet used. 


Amount 
charged. 


July 


16,000 
35,250 


822.5 








October 


15,500 
2,300 
1,000 








December 


1 34 








250 
750 
300 
150 
11,000 




March 


.90 
36 


April ... 


May 


.18 










Total 


82,500 


111.62 






Average per M, $1.35. 



Shingles used in construction. 



Month. 


Feet used. 


Amount 
charged. 


July 


128,000 
69, 750 
19,000 
43,500 
18,000 
4,000 
3,000 


$194 58 






September 


18 86 


October 


42 52 






December ; 


3 76 




3.00 






March 






April 






May 


7,000 
28,500 




June 


41 19 








Total 


320, 750 









Average per M, $1.35. 



Lumber, lath, and shingles on hand in yard June SO, 1913. 



Feet. 



Lumber 27, 026, 034 

Lath 4, 643, 010 

Shingles 2, 707, 250 

Receipts and disbursements July 1, 1912, to June 30, 1913. 





Receipts. 


Disburse- 
ments. 


July.. 


856,058.11 
70,681.43 
96, 789. 12 
75,236.84 
74,613.53 
58, 741. 88 
77,373.82 
51,718.41 
60, 147. 27 
69,394.69 
64,899.18 
46, 483. 39 


$40,671.69 




September 


31 935.71 


October... . 


33,455.14 
32, 791. 72 




December . ... 


41,918.80 


January 


56,767.50 
25, 470. 78 




March 


40, 491. 68 
38 499 31 


April 


May 


42,316.66 




' 53, 627. 97 




Total. 


802, 137. 67 


480,944.09 





1 $25,000 of this amount is estimated as tlie pay roll for June. - 
Excess of receipts over disbursements, $321,193.58. 



MENOMINEE INDIAN RESERVATION. 753 

Milwaukee, Wis., November 29, 1913. 
Hon. William H. Stafford, 

Washington, D. C. 
Dear Stafford: It is rumored at the Menominee Indian Reservation that the 
congressional committee is coming on to investigate the affairs of the tribe, ("an you 
give me any information as to whether such a committee has been appointed ; and if so , 
about when it will arrive, and if you know any members of the committee will you 
have the kindness to tell them that I am half-breed Menominee and take a deep 
interest in all the affairs of the tribe, and that I desire, if possible, to be present at their 

3? 

Very trulv. vours, 

W. J. Kershaw. 



Committee on the Post Office and Post Roads, 

House of Representatives United States, 

Washington, D. C, Decembers, 191-3. 
Hon. Joseph Robinson, 

Chairman Select Congressional Committee, 

Investigation of Indian Affairs, Washington, D. C. 
Dear Senator: I submit herewith a letter from Mr. William J. Kershaw, practicing 
attorney at Milwaukee, who is directly interested, as a half-breed Menominee, in your 
investigation, so far as the Menominee Indian Reservation is concerned. I wish you 
would kindly place his letter on file and if you can consistently arrange to have him 
notified, in due season when and where you will give consideration to the affairs of this 
reservation, I would be greatly obliged. 
Very respectfullv, 

William H. Stafforiv 



December G. 1913. 
Mr. W. J. Kershaw, 

Cawker Building, Milwaukee, Wis. 
My Dear Sir: Your letter to Hon. Wm. 11. Stafford has been forwarded to me, 
with the request that you be given information as to when the above commission will 
investigate conditions on the Menominee Indian Reservation. 

The commission has not determined the subject-matter of your inquiry up to the 
present time. If, however, it is hereafter determined to undertake the work there, 
you will probably be notified. 
Yours, trulv, 

Joe T. Robinson, Chairman. 

December 18, 1913. 
Hon. C. D. Carter, 

House Office Building, Washington. 
Dear Mr. Carter: I have written Mr. Dennison Wheelock, whose letter you refer 
to me, that it can not now be told when the commission will visit the Menom- 
inee Reservation. 
Yours, truly, 

Joe T. Robinson, Chairman. 



December 18. 1913. 
Mr. Dennison Wheelock, 

West De Pere, Wis. 
My Dear Sir: Replying to your letter to Mr. C. D. Carter, which lias lieen referred 
to me, it is impossible at this time to infonn you when the Joint Commission to Inves- 
tigate Indian Affairs will visit Wisconsin. We are overwhelmed with work, and in 
addition the presence of the joint commission is now required in A\'asliington in the 
disposal of the currency bill and other important legislation. As soon as the com- 
mission determines to \dsit the Menominee Reservation I will probably n< tify you. 
Yours, trulv. 

Joe T. Robinson. Chnirmon. 



754 MEXOMINEE INDIAN EESERVATION. 

Committee on Reform in the Civil Service. 

House op Representatives United States, 

Washington, D. C, December 16, 1913. 
My Dear Senator: Herewith I hand you some correspond.ence, wliich is explana- 
tory. 

Mr. Dagenett has charge of the Indian Employment Division of the Indian Bureau, 
and I have written him that this matter would be referred to you. 
Yours, truly. 

C. D. Carter. 
Senator J. T. Robinson. 

VuisMngton, D. C. 



Department of the Interior, 

Office of Indian Affairs, 
Supervisor of Indian Employment, 

Washington, December 11, 1913. 
Congressional Investigating Committee. 

Mr. Carter: Jtlr. Wlieelock is an Oneida Indian and is reliable. He is on the legal 
aid committee of the Society of American Indians. Would be glad to have you fur- 
nish him the information desired if 0. K. with you. 
Cordially, 

Dagenett. 



West De Pere, Wis., December 5, 1913. 
Mr. Chas. E. Dagenett, 

Care of Indian Office, Washington, D. C. 
Dear Sir: Will you please find out and let me know ab^utwhen the congressional 
investigating committee expects to visit the Meni;)minee Indian Reservation. I saw 
some of the officials last night and they told me they were expecting them soon. I 
want to go and hear the testimony and assist in the examination if I can. 
Yours, truly, 

Dennison Wheelock. 



February 18, 1914. 
Hon. Thos. F. Konop, 

House Office Building, Washington, D. C. 
Dear Mr. Konop: I am in receipt of your letter of the 17th instant, inclosing let- 
ter from Mrs. D. B. Edick, a Menominee Indian. 

I shall be glad to confer with you at an early date in respect of Menominee Res- 
ervation . 

Yours, truly, 

Joe T. Robinson, Chairman. 



Committee on Expenditures on Public Buildings, 

House of Representatives, United. States, 

Washington, D. C, February 17, 1914 
Senator Robinson, 

Chairman of the Commission to Investigate Indian Affairs, 

Senate Office Building, City. 
My Dear Senator: I am inclosing to you herewith a letter from Mrs. D. B. 
Edick, a Menominee Indian. Mrs. Edick states the case briefly, and I think it is 
high time that your commission investigated the conditions at Neopit. 
Hoping that something will be done in the near future, I am, 
Sincerely, yours, 

Thomas F. Konop. 



MENOMIXEE IXDIAX RESERVATION. 755 

Omro, Wis.. Fibruari/ 11, 1914. 
Hon. Thomas Komop, M. C, 

Washington, D. C. 

Dear Sir: You will pardon the liberty I take in l)rini(inn; to your notice at this 
time a matter that concerns myself and children and all the Menominee Inclians. 
We are members of the Menominee Tribe and are enrolled, and under the conditions 
( blaming pri'.r to 1907 were drawuig an annuity of about $120 per annum, which was 
derived from the interest on the Menominee Inciian funds. 

These pa>mients or annuity have averaged about $35 per annum since the La FoUette 
bill passed and operations at Neopit commenced. 

In 1907 we had in round numbers $2,900,000 in money. In October, 1913, we had 
81,900,000, a difference of approximately $1,000,000 less in cash. The mill has 
l)een in operation six years, and has had the advantage of the handiest and best 
timber and to date has sh )wn no profit, but a decided loss. 

To give some idea of the conditions, will give you an approximate statement which 
can be verified to odd dollars and cents: 

Money on hand October, 1907 $2, 900, 000 

50,000,000 pine stumpage, at $12 600, 000 

55,000,000 bass, birch, and elm, at $8 440, 000 

70,000,000 hemlock and maple, at $3 210, 000 

Total 4, 150, 000 

As per report from agency at Neopit 3, 300, 000 

October, 1913, loss 850, 000 

Money on hand 1, 900, 000 

Mill, railroad lumber, and all credits as per agent's report 1, 400, 000 

3, 300, 000 

The above figures are very conservative as to amount and stumpage price. You 
can readily see that, if this state of affairs continues, in a short time we will have 
nothing but slashing left, with a worn-out mill on our hands, and a depleted fund. 
Now, 1 would suggest an investigation by disinterested men that are posted on tim- 
ber prices and conditions and a thorough examination of the books and accounts at 
Neopit by an expert accountant. 

An honest investigation will show that they have cut over 200,000,000 feet of tim- 
ber, which, at present prices, would be worth $2,000,000. 

There have been several so-called investigations. The re])ort of committees have 
been favorable to the management or agent. As near as I ccn learn they have taken 
the agent's own statement and figures for the basis of their ';eports. 

Considered as a business proposition, the present operation is a decided failure, 
and will be as long as it is left to the present management, or, rather, mismanagement. 

The only remedy, if there is one, is to sell mill and timber while it is salable. It 
seems too bad to see our inheritance wasted in this manner. 

There are a large number of the tribe who are educated and have the training that 
would enable them to become self-supporting and good citizens and would be in 
favor of an allotment of land and money to help them in their uplift. What is the 
use of this money if not to be used toward help to a more useful and higher intellec- 
tual life or to be allotted in part, and those that are unable to take care of themselves 
be wards of the Government, as at present? 

I am getting along in years, and would like to make good use of at least part of what 
is coming to me. We have seven sons ranging from 31 to 11 years. The two oldest 
took all they could at an Indian school, and two years I have sent them to college 
without help from the tribe, and are good, sober men. 

The next two are 25 and 23. One has a tine position as a manual-training teacher 
at a fine salary. The other is doing fine work as an architect. We have three yet to 
educate. But this is to prove that there are those who are capable of caring for them- 
selves and their inheritance. I'd be the p)-oudest mother in the world if I could be 
instrumental in helping them to their share in the reservation, thus enabling them 
to a higher education and becoming useful and influential citizens of our great Com- 
monwealth . 

Thanking you in advance for any favor you may be able to do us in this matter, 
and asking you to give it yom- attention at your earliest convenience. 



756 MENOMINEE INDIAN RESEEVATION. 

Just a moment. I want to say the last payment was made last April, 1913, of $12.50 
apiece. I'm afraid the very old men and women could not dress very warmly on 
that. Those are the ones that are suffering. 8o I pray this may all be adjusted 
right soon. 

I remain, yours, very truly, 

Mrs. D. B. Edick. 



Department of the Interior, 
Office Assistant Commissioner op Indian Affairs, 

Washington, February 21, 1914- 
Hon. Joe T. Robinson, 

United States Senate. 
My Dear Senator: This letter will introduce Rev. Sherman Coolidge, president 
of the Society of American Indians; Mr. J. W. Kershaw, a leading attorney of Mil- 
waukee, Wis.; and Mr. Charles E. Dagenett, super\dsor of Indian employment in the 
Indian Service. These gentlemen are among the leading and progressive Indians of 
the United States, and are sincerely interested in the promotion of the welfare of 
their people. They are also interested in the Robinson bill. 
Sincerely, your friend, 

E. B. Meritt. 



March 10, 1914. 
Mr. A. A. Breuninger, 

Flandreau, S. Dak. 
Dear Sir: Your letter of February 23, 1914, was duly received. It shall have due 
and careful consideration. I thank you for the submission of this information. 
Yours, truly, 

Joe T. Robinson, Chairmari. 



United States Indian School, 
Flandreau, S. Dak., February 23, 1914. 
Hon. J. T. Robinson, 

United States Senate. 

Dear Senator: I am heartily in accord with the letter of Mr. William E. John- 
ston, former chief officer, United States Indian Service. More especially the para- 
graphs Nos. 15 and 16. 

I am subniitting to you, for your careful consideration, an article that I wrote up for 
a newspaper, giving a personal account of the affairs of the Menominee Indian Reserva- 
tion, of which I am at present an exile, made so by one A. S. Nicholson, superintend- 
ent of said reservation. This article was written some three years ago and I have no 
personal knowledge, since my exile on August 3, 1910, of the affairs transpiring there 
since. 

I got in bad with former superintendent Edgar A. Allen, when I worked persistently 
for the reestablishment of my tribal rights. The administration seemed loth to have a 
man so independent as I be, that I would enlighten the Indians in the administration 
of their affairs and cause dissension amona; them, and therefore "for the good of disci- 
pline" such men as I should not be permitted to be on the rolls, unless we bowed the 
knee to Baal. 

When A. S. Nicholson was "appointed" head of the Menominee affairs, I supposed 
that he was advised to look out for the men that are "educated," "half breeds," etc. 
Consequently I was one of them that was singled out, and all the persecutions that 
could be at the command of this man Nicholsen was used. He petted some of the 
Indians and aroused their jealousy by telling them that I was trying to bring a lot of 
outsiders on the reservation and had them make complaint in writing to whatnot, 
and on August 3, 1910, he called me to his office at Keshena, Wis., and then and there 
discharged me from the reservation under the charge that I did not furnish bonds in 
the sum of $10,000 to do business (upon my own reservation) on the reservation. As I 
have stated, he used every power and cunning to his knowledge and command to 
ruin me financially and otherwise. He would not allow me to take ray set of band 
instruments from the reservation, but allowed the Indians to use them and destroy 
them, as I have testimony or evidence to show. I was put off the reservation without 
a penny and not allowed to collect a cent for my labor, and loafed over the country, as 
I have a diary to show. 



MENOMINEE INDIAN RESERVATION. 757 

My attempts to get justice at the hands of this tyrant and the Indian Office failed, 
I searched up a law in Washington (the act of June 25, 1910) under which I had a right 
to file on public domain land. When my application reached the General Land Ollice 
with everything O. K. and Al, that office referred it to this tyrant, A. S. Nicholson, 
and I suppose that he said now is another time for me to get revenge ui)on this "dis- 
turber" of the peace and tranquillity of this reservation, and immediately held the 
application for rejection. I was given 30 days to make an appeal, I did so, furnishing 
gilt-edge evidence, and yet they turned my application down just because this Abbott- 
appointed tyrant, A. S. Nicholsen, had written his disajjproval across it. This ont 
little incident will show you and your committee, my dear Senator, how the Indiana 
of these glorious and free United States are absolutely robbed of "liberty and justice." 

Not only was this tyrant Nicholsen, who had the absolute backing of (Abbott) the 
Indian Office, dissatisfied with his work he done against me, but he set up a series of 
persecutions for my poor father. 

On January 18, 1911, my father, William L. Breuninger, was placed in the county 
jail, being unable to give bond in $200. When I learned about the matter and wrote 
the United States district attorney at Milwaukee and the Secretary of the Interior 
about the matter on May 2, about four months after he began to lay in jail, he was re- 
leased a free man, but still this Abbott-appointed Nicholsen was after my father's hide, 
and unbeknown to me they had him sent to the Milwaukee House of Correction. 
He complained to me when I saw him in this place, that he was placed there about 
November 13, 1911. My father was never in prison during the former 67 years of hia 
life. He has an honorable record and is a pensioner of the Civil War. This has been 
a great mental blow to him as well as jeopardizing his health, and humiliating him in a 
great many other ways. Money can not buy or eradicate the stain that has been placed 
upon this man's character. 

He was charged with giving liquor to Indians in "the Indian country" to which 
charge evidence will show that he was not near an Indian reservation or the "Indian 
country." I was poor and could not afford to swear out a writ of habeas corpus, if I 
could i am sure he would have been vindicated. Thus, this tyrant, Abbott-appointed 
Nicholsen had all power over me. As the white man has access to the machinery of 
the law and the Indian has none, the latter must submit to "the inevitable." 

Hoping that your honorable committee will find material here that may help you 
in your work of investigation, and being always at your command in whatever capacity 
that I may serve you, I beg to remain, very humbly. 
Yours, 

Aug. a. Breuninger. 
("Un-a-quah," a mixed-blood Menominee.) 



EXCLUSIVE (by un-a-quah). 

Under the Pinchot administration as Chief Forester of the United States Forest 
Service, "there was reckless and almost wanton waste of the Indian money — some- 
thing like over $700,000 — during the time" that the timber operations of the Menomi- 
nee Indian Reservation was under its charge in the State of Wisconsin. This work 
was d ne under the act of March 28, 1908, commonly called the La FoUette Act. 

This reservation is located in the eastern and middle portion of Wisconsin, and 
comprises 10 townships, containing about 230,000 acres of land, which was set apart 
for the Menominee Tribe of Indians, numbering sime 1,500 people. Most of the 
inhabitants of this reservation reside in or around Keshena, where the agency is 
located, or in the eastern porti ^n of the reservation. The four western townships 
are estimated t) contain 950,000,000 feet of standing timber, and the balance of the 
reservation is estimated to contain 506,000,000 feet of standiag timber, making a total 
of 1,456,000,000 feet of standing timber m all. 

Mr. S. J. Coulter, chief of eighth division of the Land Office, goes on: The records 
of the Indian Office show as a result of the logging operations conducted upon the 
above reservation under the act of 1890, that the profits to the Indians in 1890-91 
were $155,926.13, and for the season of 1906-7 the earnings were $229,911.29, and that 
the total earnings under this system from 1890 to 1908 were $2,542,496.23, making 
an average profit per thousand feet of $8.65. Figuring the standing timber at 
1,456.000,000 feet at a profit of $8.65 per thousand would make a total profit of 
$12,594,400. 

The records of the Indian Office further show that there were on hand in the Menom- 
inee trust fund at the beginning of the operations of 1908, $3,000,000. Add this to 
the profits to be made inthe future from the timber standing, and you get approxi- 



758 MENOMINEE INDIAN KESERVATION. 

mately $15,000,000. If the money should be divided at the end of the cutting there 
would be about $10,000 for each and every man, woman, and child on the Menominee 
Indian Reservation, or if the funds were left in trust, drawing 5 per cent interest in 
the future as in the past, there would be approximately $750,000 in interest, which 
would make a yearly payment of $500 to each man, woman, and cliild. Certainly 
it would seem that the Menominee Indians were well provided for, both for the 
present and the future; and there would seem to have been no necessity for any 
change by the Government in the methods of handling this timber. The Govern- 
ment, as guardian for the people, certainly would not be justified in making any 
changes until such time as it had been thoroughly demonstrated by practical men 
that there was abs )lute certainty of greater profit to the Indians by any new method 
of selling or manufacturing their timber which might be agreed upon. 

On July 16, 1905, there was a heavy windstorm on the Menominee Reservation, 
which blew down a great deal of timber. This windstorm marks a change in the 
rnethod of dealing with the trust fund and the property of the Menominee Reserva- 
tion by the Government, which, in my estimation has not been for the best interests 
of the Indians, and if persisted in will eventually cause them great material loss. 

The Interior Department felt called upon to take some action to take care of this 
blown-down timber, so as to not have resulted in a total loss to the Indians. There 
seems to be only a muddled report or history and a seeming "jangle " over the different 
"policies" introduced and legislative procrastination, until there is nothing definite 
being done up to about January 22, 1908. On that date it seems that the Bureau of 
Forestry undertook to take care of this timber, and in accordance with an agreement 
signed on said date by the Secretaries of the Departments of the Interior and Agri- 
culture, but no move was made by the Forestry Bureau, so far as it is able to be ascer- 
tained from the records, until on or about March 10, 1908, when the Bureau of Forestry 
sent its representative, Edward A. Braniff, a recent graduate from the school of for- 
estry of Yale University, a man with a very limited experience in the lumbering 
business, as shown by his own statement, as given to Mr. James A. Carroll, of the Indian 
Bureau, said experience being limited to supervision of the cutting of some timber 
by the Kirby Lumber Co., of Texas; but nowhere can I find that the superintendent 
sent by the Forestry Bureau to handle these extensive operations contemplated under 
the act of March 28, 1908, had ever had any experience in the manufacture of lumber, 
the erection of sawmills, building of railroads, improving of streams, or the selling of 
the output of a big manufacturing plant, such as was lately erected at Neopit, Wis. 

It therefore must have been contemplated by the Bureau of Forestry that these 
operations should have been conducted from the bureau's headquarters at Washing- 
ton, D. C, by its more experienced lumbermen, as the correspondence at the Neopit 
office discloses that such was the case, as Braniff, the superintendent, was frequently 
overriiled by the office of the Bureau of Forestry. It must be conceded that the 
proposition that confronted the Bureau of Forestry in March, 1908, was such, that 
would warrant the placing in charge of these operations a man of many years' expe- 
rience and of recognized ability to grasp the situation and to provide a plan that 
would take care of the timber already cut, so that its ^■alue might be saved to the 
Indians, who are the wards of the Government; but such was not the case in the selec- 
tion of a man by the Forestry Bureau, as the plan adopted by said bureau clearly 
indicates that the main object of this emergency act was relegated to the rear and a 
plan adopted for permanent improvements for future operations on this reservation. 
Under this permanent improvement plan the forest officer in charge had some 
"grounds" for a larger expenditure of the large funds thus at his disposal. After 
spending considerable money in erecting a frame for a mill at one site and clearing 
another site, the Forestry Bureau abandoned said sites and the improvements thereon 
and selected an entirely new place for the location of a permanent plant, and began 
laying out a townsite called Neopit, on which there was expended a large amount of 
money, and included the erection of a sawmill plant at a cost of $254,719.45. On 
page 900 of the committee records of the hearings made to the subcommittee that 
investigated the Wisconsin Indians, Mr. Braniff says: "There were three mill sites 
picked out here as locations for the construction of sawmills. They were supposed 
to be small, portable mills. After the act of March 28, under which this work has 
been done, I changed that plan, and instead of putting in portable mills, advocated 
putting in one central plant at Neopit, which was one of the mill sites. So I am, in 
a measure, responsible for the location of this large plant at Neopit." 

It is almost impossible, in the short space of a newspaper article, to go into detail 
and furnish statistics and all the data in this case, but to refer to only the more im- 
portant. Mr. S. J. Coulter's report, the subcommittee on Indian Affairs, and other 
records are too voluminous to put forward, but enough material is in these reports, 
from which only brief extracts have been taken, to convict any man for misappro- 



MEXOMINEE IXDIAX RESERVATIOX, 759 

priating Government funds, and this committee ought to be called ui)on to report 
this matter to Congress and let it act upon it. Those hearings have been laying there 
now going on two years, and nothing has been done. 

The report is that I find from the records in the office at Neopit that the item of 
stream improvements, amounting to $32,268.81, can not be explained by the book- 
keeper, except that when he entered upon his duties as bookkeeper in July, in 1908, 
the superintendent for the Forestry Bureau refused to permit him to open a regular 
set of books and itemize the expenditures under this and other heads, but directed 
him that when certain bills would come in which could not be accounted for under 
other heads to charge same to "Stream improvement." 

From the examination of these streams and from reliable information furnished bj' 
the Indians and whites who were present when these alleged improvements were 
made, it can not be conceived how any such amount of money could have been ex- 

? ended in impro^dng these streams, and it seems certain that either the Bureau of 
'orestry was astounded at their extravagance in other channels and used the stream 
improvement head as a clearing house, so that their extravagance might not be noticed 
by the Interior Department, or else a part of this money charged to this improvement 
was never actually paid out for the project in question. 

The plant and vard erected at so great a cost to the Menominee Indians is to 1 e used 
for the future, anVl the mistakes of the Bureau of Forestry in this respect will have to 
be contended with bv the other departments of the Government should these opera- 
tions be continued, and at a great loss to the tribe. The mill is located on the north 
side of the river, and the place originally selected for the luml er yard was a small point 
of land surrounded on the south bv the river and on the north by a slough. This 
point of land is capalle of holding about 1,000,000 feet of lumber when properly piled, 
while a yard necessary for the cut of a mill of this size should 1 e capable of holding at 
least 50 or 60 million feet of lumber; and later on when the Bureau of Forestry dis- 
covered that the yards as selected by them were incapable of taking care of any such 
amount of lumler. they were forcedto select the slough as above referred to as a yard 
in which to pile the lumber; and as the Norway dam had backed up the water iiito 
this slough to the depth of from 2 to 10 feet it became necessary to drive piling on which 
to pile the lumber, and all lumler so piled, except hemlock, is practically rendered 
unsalal)le at full market value on account of the moisture and by steam from said 
marsh; this in a measure necessitated the large expenditure of building a yard amount- 
ing to more than §56,000; while on the south side of this river the mill could have 1 een 
erected and a lumber yard planned that would have been capable of handling any 
amount of luml er, where no marsh exists and which is an ideal spot for a luml er yard 
and which would not have cost to exceed $?.,500. 

The record discloses that in tramways and in foundations in this yard 2,192.000 feet 
of luml:;er -was used, which at that time was worth $32,880, and it is a well-known fact 
that lumber of this kind will have to be replaced on an average of every four or five 
years. It is certainly convincing that luml ermen, business men, and even Indians 
in the State of Wisconsin are thoroughly satisfied that such a mistake could not have 
been made except by one absolutely ignorant of the manufacture of luml er and the 
uses of a lumb er yard . Some of the Menominee Indians stated that if the Government 
had any more experts from the school of forestry of theYale University they did not 
want them sent to their reservation to get their experience in the manufacturing of 
lumber from the timber belonging to their tribe. 

Satisfaction is expressed, that any practical lumberman being confronted with the 
same problems that confronted the representatives of the Forestry Bureau in March, 
1908, would have made immediate plans to take care of the timber already cut and 
the hoisting from the river of all nonfloatable timber rather than to s}:end over $50,000 
in stream improvements, which in the future would become a total loss and which 
the records have shown resulted in a loss of nearly 25 per cent of the logs cut from the 
blown-down district. 

The records at the office at Neopit also show that the Bureau of Forestry made im- 
provements on what is known as the Phlox Road and spent thereon the sum of 
$29,417.95; or,, in other words, made a boulevard from Neopit to the west end of the 
reservation, and on the road running east from Neopit to Keshena for a distance of 4^ 
or 5 miles the same bureau spent the sum of $10,954.79, or a total of $40,372.74. 

The Phlox Road, before its improvements by the Bureau of Forestry, had been used 
years and years by the lumbermen as a tote road driveway, and with the exception 
of cutting out a few windfall trees could have been used by the foreste: s in any of its 
logging operations at Neopit, except, of course, as a logging road which to-day it is 
as equally unfit for on account of the grades. The road to Keshena also had been used 
many years by the lumbermen and the Indians, and it can not be conceived of no 



760 MENOMINEE IXDIAX RESEEVATION. 

reason whatsoever that this bureau should have squandered this $40,372.74 for these 
improvements. 

The records show that in every department of these lumbering operations as con- 
ducted by the foresters there is to be found evidence of gross extravagance on the 
part of the management, such as in the purchase of horses, logging sleighs, and to-day 
these logging sleighs and wagons may be found scattered over the reservation in great 
numbers and apparently there exists no use for so large a number of the vehicles. 
There are log loaders, known as gasoline mine hoists, which are worthless for hoisting 
logs and should not have been purchased for logging operations and which, at the 
present time, are discarded by the management of the Neopit mill. 

All of these expenditures were entirely sanctioned by Mr. Gifford Piuchot, the then 
Chief Forester, as shown by his letter to the Commissioner of Indian Affairs dated 
December 22, 1908, in which he says, in part: I believe that the btilk of the expendi- 
tures on the Menominee Reservation has been justifiable and in accordance with what 
any business firm of ordinary prudence andlarge capital would havedone. TheForest 
Service has considered the work on tbe Menominee as permanent, and the expenses 
for the mill, roads, stream improvements, and buildings have necessarily been some- 
what higher than if the operations were to be confined to a short period. 

Rumors and rejiorts of how the foresters were robbing the Indians became so numer- 
ous in Shawano — about 20 miles from Neopit — and even in cities like Green Bay, 
Oshkosh, and Milwaukee, that the Progressive Indian Association of Shawano, Wis., 
composed of half-breeds and educated Indians, decided to place a man in the field to 
corroborate these statements. 

August A. Breuninger, secretary of this association, was detailed to seek employment 
as a common laborer. He applied for work in February, 1909, and was given a job 
and went to work. At the annual meeting of this association last July, 1910, he made 
the following report about his work and treatment that he received under the foresters: 

Pursuant to the plans of this association, I applied at Neopit for work and was given a 
job. I was placed in a crew that were laying timbers on the piles that had been 
driven down in the marsh through the ice, after holes had been cut in the ice so as to 
admit them. This crew might be termed the "reserved crew," as it was from this 
crew that the mill "push" would take the men that he needed in the mill, and when 
new men applied for work they were placed in this crew. 

As the law in the act reads that they ''employ none but Indians, in so far as practi- 
cable, upon said reservation in forest ])rotection, logging, driving, sawing, or manti- 
facturing into lumber, " and any other work that was to be done, I thought that as I 
was an Indian that I would be given preference over wliite men in this crew, but 
not so. Nearly every time a man was wanted from this crew a white man was picked 
out. No cognizance was ever taken of my work and faithfulness or any other fitness 
that I may have had. 

I worked along, attending to my business, until pay day in April. AYhen I drew my 
check I was short five days' pay. I went to the office and made complaint, but they 
told me that they had nothing to do with the time and for me to see the timekeeper 
and let him correct my time. I saw him, but he would not listen to my way of keeping 
time, and as I had no appeal for an investigation, I had to abide by his decision. On 
day I saw him outside I went up to him and said, "See here, Jones, what made you 
dock me five days last month? " He said, "I didn't see you at work. " I said, "You 
just took a notion to dock me so that I would quit; it is your trick to discourage the 
Indians so they won't work any more. I want to tell you that you may have your 
say now, but I think that I will have something to say later on; I'm not working here 
for wages alone, " and I snapped my finger in his face and walked away. 

After finishing the laying of these timbers on these tramways, our crew were placed 
to grubbing on the "small point of land " formerly intended for the pile yard. This 
jjoint of land was gone over as I counted, first by a crew of men who cut down the 
timber, burned the brush; then by a crew who "snaked" off the logs; then a crew 
went over it and cut the stumps down even with the ground; then a notion took hold 
of the "push" that this was not satisfactory, so he sent another crew over the same 
ground and blasted the rest of these stumi)s out with dynamite; another crew went 
over and grubbed out what roots that there were left by the dynamite; after that they 
sent over teams with scrapers and scraped off the top. Finally the "wood butchers" 
were ready to lay the timbers and build the tramways ready for the lumber pilers. 
I could never figure out the cause of all this expense and work, unless it was to keep 
these men busy in case of a shortage of men in the mill. They knew that the Indians 
would not stand for the treatment that they "handed out" and that these men would 
come in handy. 

One morning, while working in this crew, the foreman came to me and ordered me 
to take my shovel and go to one of the forester's houses and do some dirty work for 



MENOMINEE INDIAN RESERVATION. 761 

him. I nearly Ixxlked at liiis turn ol affairs, huL as I -was there to get all that there 
was '" coming to me," I went to his house and did work that is not fit to put on paper, 
which was ol' no benefit to the tribe and work that he himself could have performed. 
When I drew my check at the next pay day it was marked "Menominee log fund," 
showing lliat the tribe paid for me doing private work. I thought that this was 
getting ]n-otlv close to slavery. 

Eitlier in >Iay or June E. A. Braniff, forest officer in charge of the Indian Mills, 
employed, as I learned later, a lumber inspector l)y \hr. name of T). Reed, of Antigo, 
Wis. "l noticed him about the mill and yards, but did not, know his name or busi- 
ness, as the Indians are not supposed to know anything about their business affairs, 
so I supposed that he was some lumber buyer inspecting the lumber that his company 
wished to purchase. 

One dav I was informed V)y a man who did not dare to let his name be known for 
fear that he would lose his joli that this inspector had left and that he said a great 
many 1 ad things about the mill. I searched around until I found his address, secretly, 
and went to Antigo to see him. It was either on the first or second of July, 1909, that 
I arrived in Antigo and began a search for Mr. Reed. I didn't have much trouble to 
find him, and I rememler, as I was nearing his place, and on seeing him out in his 
garden, of pondering in my mind what to say or how to begin my interview. I walked 
up to him and said: "Beg pardon, l:>ut can you tell where So-and-so lives?" He 
stopped hoeing and leaned on his hoe handle and told me where I might be able to 
get the desired information. I asked: " Didn't I see you at the Indian mills at Neo- 
pit? " " Yes; I was lumber inspector there, but quit, " he said. " What do you think 
of the mill and plant? " was the next question that I fired at him. "' I '11 tell you what 
I told the superintendent of those mills, while there, when he asked me the same ques- 
tion," said he, "that is, that it is next to the biggest slaughterhouse in the world, the 
other being the Chicago Stock Yards." 

I finally confessed to him that I had been sent there to interview him, and asked 
if he would give me an affidavit. He said whenever I meant business that he would, 
and even would go on the witness stand. 

He told me, in substance, that Braniff had wanted him to shoulder all the respon- 
sibilitv of the manufacture of that lumber and vouch for its marketability, but he told 
Braniff that he would try the position for a while, and that if he could get the two 
head sawyers, the two edgermen, and the tail sawyer to work with him to help him 
put out dimension stuff he would stay, but if he could not then he would leave at 
the end of the month. He told me that he was not going to jeopardize his 20 years' 
reputation for a little old salary like that. " Do you think that I would stand there 
before those lumber buyers, most of whom knew me by sight or reputation, and shoul- 
der all the responsibility of the cutting of that lumber? No; not me. " 

He said one day he pointed out a pile of lumber that had been sawed in all kinds 
of shapes to the foreman, and remarked that most of it was undimension stuff and 
had to be handled again before it could be manufactured. The foreman wanted to 
know what was the matter with it. 

"Look at it," says the inspector. "Some are thicker at one end than at the other; 
some 11 inches, some 9 inches and so on." The foreman replied: "W'ho in h — I's 
going to look at every one of these boards?" "D — n f — 1," said the inspector, "he 
didn't know that they hired me for that purpose." 

He told me that about 75 per cent of the lumber that they had cut was unfit for 
market or manufacture, and must be handled again before it could be made into 
dimension stuff and manufactured; that every handling meant 25 per cent added to 
the cost of production. And that he tried hard to get them to cut dimension stuff 
but found it impossible. He said that he advised them to shut down the mill and 
put everything into good repair; they did, but things were just as bad. The fact was 
they didn't know what to do. They asked the inspector what was the matter; he 
replied that they were not cutting dimension stuff. The superintendent wanted to 
know why, and got the answer that the saws and machinery were not set right; he 
was asked if he could fix it. The reply was that he was a lumber inspector, not mill 
foreman. 

My work ran along pretty smoothly until in the month of August; in that month 
thev docked me another four and a half days' wages. About this time a subcommittee 
from the United States Senate came there to investigate the mill. _ After Braniff's 
trial before this committee, it is said that he resigned, but the Indians say that he 
shipped all of his things by rail and he and his family made their escape tlirough the 
woods, by team, at night. I don't know how he left exactly, for no one knew, because 
the Indians were ready to hoot him out of town. This senatorial committee that was 
appointed under Senate resolution No. 263 to investigate all the Indians in Wiscon- 

35601— PT 8—14 i 



762 MENOMINEE INDIAN EESEEVATION. 

sin, covered this mill pretty thoroughly in its investigation and the hearings can be 
found between pages 893 to 1095 of the committee records. Tlie question now is, 
Will the "hearings" of this committee ever be brought before Congress for "final 
report of such committee and action taken thereon by Congress" as stipulated in the 
resolution? 

When the new administration was installed at Neopit I put in a bill for my loss 
of time and threatened to bring the matter up before the Indian council, but it was 
unnecessary, as the authorities made a settlement with me for ."$15.45. 

All kinds of discouragements were thrown in the Indians' way so as to get convinc- 
ing proof that they were incapable of handling their own affairs. Last winter some of 
the Indians were given contracts to log; they made big preparations and were doing 
fine in their logging. Along in the spring, just as sleighing was good, and when they 
had their logging roads in the best of condition, orders came stopping their contracts 
and forbidding them to fvu-ther log. These Indians were held up to the department as 
incapable of doing their own logging. Who could log at a profit with such obstacles 
placed in their way? 

This spring, wliile I was in Washington, D. C, on some business, my attention was 
jailed to a letter printed in the New York Evening Post, which was signed "Yale," 
but which I believe was written by Braniff, to give the general public the opinion 
that this subcommittee of the Senate found his work all O. K. It is as follows: 

"To the Editor of the Evening Post: As I know that it is your intention, and 
alwayshas been, to treat every subject in your news and editorial columns with im- 
partiality and fairness, I take the liberty of writing you in regard to an editorial which 
appeared in the Evening Post, Monday^ the 9th, as to Mr. E. A. Braniff's administra- 
tion of the lumbering projects on the Menominee Indian Reservation. 

"In the first place, I desire to call your attention to the fact that your editorial was 
largely based on the reports of Mr. Coulter, a special agent of the Interior Department, 
and Mr. Valentine, Commissioner of Indian Affairs. Mr. Coulter's report was made 
at the instance of the Secretary of the Interior since the congressional investigation 
began. Coulter is neither an expert accountant nor a lumberman, and his report 
is almost grotesque in its inaccuracy and was obviously made for the purpose of dis- 
crediting the Forestry Ser\T.ce, and not for the purpose of getting at the facts in the 
case. For instance. Coulter's report charges, as a partial loss to the Indians, most 
of the money expended by Braniff in building the mill, installing electrical light 
and power, constructing roads, and improving streams for driving. He al^^o says 
that the Forest Service has incurred a loss to the Indians by manufacturing lumber 
from blown-down timber, not explaining that in using this timber the Forest Service 
was merely preventing the total loss which would have resulted if these logs had not 
been worked up. 

"The Menominee lumbering projects have been investigated by a subcommittee 
of the Committee of Indian Affairs of the Senate. Members of this committee went 
to the reservation and looked over Braniff's work and came back thoroughly con- 
vinced of its efficiency and usefulness. Senator Page, of Vermont, was a meniber of 
this committee. Tie is an expert lumberman. It is his opinion, considering the 
amount of timber to be logged and manufactured upon the Menominee Reservation, 
that the expenditures for the mill, the buildings, houses for officers and men, the 
hotel, and everything about the plant at Neopit, were entirely justified, and that, with 
the exception of one or two details, namely, the position of the pile yard and the 
arrangement of some of the tramways, Braniff did not spend a dollar in any way that 
he. Senator Page, would not have spent if he had been in charge of the project himself. 

"You speak in your editorial of Braniff's inexperience and say that he was a recent 
graduate of the Yale Forest School when he was put in charge of the Menominee 
work. As a matter of fact, Braniff had had over seven years' experience in forest 
and lumber work. For two years he was forester on the tract of the Kirby Lumber 
Co. in southeastern Texas, the largest single holding of southern pine in the United 
States. This company operates 13 sawmills and owns about 1,000,000 acres of 
land. Braniff supervised the scaling, and was representative of the stockholders in the 
general supervision of logging and milling. In the Forest Service he was considered 
a man of most unusual judgment and ability. His reorganization of the Menominee 
affairs was, 1 believe, a particularly creditable piece of work. He is now a success- 
ful lumberman on his own account. 

"Mr. Valentine, who criticized Braniff's work in the Menominee, is an energetic 
and honorable public servant, but through the press of business in the Indian Office 
it was impossible for him 'to handle the Menominee affairs properly. It is unfortunate 
but natural that Mr. Valentine should consider Mr. Braniff's reports on Mr. Valentine's 
administration as a personal rebuke. 

"Yale. 

"New York, May 18, 1910." 



MENOMTXKK INDIAN RESERVATION. 768 

To this letter I made tlio following re])Iy: 

To the Editor of the Evening Post: "Yale's" letter of Ma,y 18, respecting the 
''Forestry Bureau and the Menominee Indiana," calls for the following comment: 

"I have carefully gone over the report of Mr. Coulter, as reported by the Secretary 
of the Interior before the investigating committee, and notecf the things that he' had 
said and done. I can not say anything as to Mr. Coulter's ability as an accountant 
nor as a lumberman, but, speaking from the experience that I have had as a common 
laborer, from February to September, 1909, I think that Mr. Coulter's report is a 
fair and an impartial one. In fact, Mr. Coulter did not include in his report the facts 
that a great amount of shingle timber had been wasted in the cedar piles that had been 
driven down into the marsh, on which the lumber yard, principally, was built; nor 
did he include the thousands of (-ords of slab wood that was thrown into this marsh, 
at which alone there were employed four teams, four teamsters, a loader, from two to 
eight men throwing slabs into the slough, and two men raking 'hog feed' over them. 
This was a total waste at a big cost to the tribe. When the mill shut down for repairs 
last fall, they had to buy wood by the carload to keep steam for heating the buildings. 
I know this to be the fact, for I was one of the men on this slab work. Since October 1 
there has been erected a large drying shed out over this marsh, in which a vast amount 
of cedar and hemlock piling have been used to make a solid foundation. Then, also, 
another year has passed by in which the interest on over a million dollars has been 
lost, notwithstanding the 'dead investments' and other items that I shall not burden 
you with by enumerating. 

"I was at Neopit when the subcommittee on Indian Affairs were investigating the 
works there and heard most of the examinations; also have carefully studied the 
hearings the committee caused to be printed. The way that Senator Page cross- 
questioned Mr. Braniff, I must say that he placed him in some very embarrassing 
positions, so I was naturally doubtful of the facts attributed to him in said letter. 
Yesterday forenoon I called on Senator Page and had a conference with him, and 
when I called his attention to a great many details of this work he admitted that he 
had no personal knowledge of either their details or the cost. I asked him whether, 
if he were capitalizing such an enterprise, he would make the same expenditures. 
He said that he had no personal knowledge of the expenditures and could, therefore, 
express no opinion. This gives an entirely different aspect to the question than 
that offered by 'Yale.' 

•'As to Braniff 's ability to operate such a great institution as the one in question, 
I would like to call attention to Mr. Braniff's own words, taken from these hearings. 
When a-sked by Senator La Follette as to what experience he had had in this kind 
of work he replied: 'I had never run a sawmill before; I had never had any experi- 
ence with logging methods.' These words appear on page 932 of the committee 
records. We claim that Braniff was inexperienced, while 'Yale' asserts that Mr. 
Coulter is no lumberman. Whatever the contention may be, Braniff was experi- 
menting at the cost of the Indians, while Coulter was not, but needed only to get 
Braniff's own reports in the office at Neopit to show facts. 

"As to Commissioner Valentine's criticism of the Braniff administration of the 
logging operations upon the Menominee Reservation, the Indians believe that Mr. Val- 
entine is in sympathy with the forestry movement on said reservation, as can be 
proven by a copy of former Commissioner Leupp's reply to the complaints of the 
Menominees, of which I have a copy. He says: 'My friends,' meaning the Menom- 
inee Indians, ' I have carefully looked into your complaints concerning the timber 
operation on the reservation by the Forest Service, which were made to Robert G. 
Valentine, my representative, during his recent visit to the reservation.' 

"Then he answers every complaint separately, so that they would have 'a clear 
understanding of the whole situation.' This instrument was dated at Washington, 
D. C, November 17, 1908. But what the Indians really wanted was an accounting 
of their affairs, like the Coulter report, as their complaint No. 10 shows. 

"I am of the opinion that if Commissioner Valentine has been criticising Braniff, 
it has been since his appointment as Commissioner of Indian Affairs, and not as 
representative of former Commissioner Leupp. 

"(Signed) August A. Breuninger, 

^' Sccrelnri/ Progressive Indian Association. 

"Washington, D. ('.. May J4, 1909." 

This "Yale" letter was written in the first person, and it seems somewhat odd 
that "Y^ale" knew so much about the Menominee Reservation. One gets from the 
said letter the idea that the Menominee Indian Reservation is a very insignificant 
thing in comparison with the Kirby Lumber Co.'s '"million acres" and numerous 



764 MENOMINEE INDIAN RESERVATION. 

lailly. ^'el, it nuiy stiike one very strange that Branil'l' testified before the Senate 
subconuuittee at Neopit October 1, 1909, that this company had shut down business, 
and had he remained long in charge at Neopit he probably would have bankrupted 
the Menominee Tribe of Indians. 

Mr. Coulter says in his report that the act of March 28, 1908, commonly called the 
La FoUette Act, was a vicious piece of legislation, and has resulted in a loss to the 
Indians up to and including October 31, 1909, of over $700,000, and if operations are 
continued under said act without the same being amended, the balance of the tribal 
funds, as well as stiimpage on their reservation, is in grave danger of being a total 
loss. This act should be repealed, if the rich heritage of the Menominee Indians is 
to be held for their benefit, and this act has resulted in convincing the Indians of 
the Menominee Reservation, as well as the citizens of the State of Wisconsin, who are 
competent from a business training to pass judgment, that the Biu'eau of Forestry 
has shown itself to be incompetent to cut and manufacture this timber at a profit to 
the Indians or with credit to themselves, and it is yet to be proven and determined 
that the Government, through any of its departments, can mantifacture and sell 
timber or any other merchandise at a profit, and if it is the desire of the Govern- 
ment that it can do so, they should do it at the expense of all the people and not of 
these helpless Indians, who are the wards of the Government and should be protected. 

Aug. a. Breuninger, 

Flandreau, S. Dak. 
(A Mixed-blood Menominee, "Un-a-quah.") 

February 23, 1914. 

Dkckmber 1, 1913. 
Hon. Cato Sells, 

Commissioner of Indian Affairs, 

Washington, D. C. 
Dear Mr. Commissioner: Please furnish to the Joint Couiiuif^sion to Investigate 
Indian Affairs all information available concerning the general management of the 
sawmill on the Menominee Reservation, a copy of all charges which have been filed 
against the superintendent, together with all information concerning his conduct of 
said sawmill and his former experience in connection with such duties, if any. 
Yours, truly, 

Joe. T. Robinson, Chairman. 



Department of the Interior, 

Office op Indian Affairs, 
Washington, .January 17, 1914. 
Hon. Joe T. Robinson, 

Chairman Joint Commission to Investigate Indian Affairs, 

United States Senate. 
My Dear Sen.\tor: I have the honor to refer to office letter of December 26, 1913, 
transmitting copies of all charges which had been made to that date against the super- 
intendent of the Keshena Indian School. In that letter the office stated, among other 
things, that on receipt of Mr. A. S. Nicholson's reply to the charges preferred against 
him imder date of December 16, 1913, by D. F. Tyrrell, a copy of the same would be 
transmitted to you promptly. 

I am inclosing herewith a copy of Mr. Nicholson's letter under date of January 3, 
1914, replying to Mr. Tyrrell's charges. 
Very truly, yours, 

Cato Sells, Commissioner. 



Department of the Interior, 
United States Indian Service, 

Menominee Indian Mills, 
Neopit, W'is., Januari/ 3, 1914. 
The Commissioner of Indian Affairs, 

Washington, D. C. 
Sir: 1 am in receipt of your letter of December 26, transmitting copy of charges 
against me filed with you by one D. F. Tyrrell, an attorney of Gillett, Wis., who is 
associated with one Webster Ballinger, an "attorney of Washington, D. C. 



MENOMINEE INDIAN KESERVATION. 765 

Replying to your letter I would call your attention to the fact that he makes said 
charges "for and on behalf of the members of the Menominee Tribe of Indians," and 
signs himself as "representing the Menominee Indians." I deny his authority to so 
act. I have no knowledge that he has received authority as the regulations require 
to be employed bv them, or even to negotiate with them, and I also know that the 
tribe has never employed him, although he has made surreptitious trips in on the res- 
ervation for that purpose. 

He is associated with several factionalists of the tribe who have been stirring up 
agitation here for the vear past and for which he and Mr. Ballinger are partly respon- 
sible through their eifforts to manufacture a favorable sentiment to employ them 
as attorneys. Furthermore, the charges made by him are simply a reiteration, in a 
great part^ of the many complaints with which your office has been deluged during 
the year past, all of which have been investigated by special inspectors from your 
office; and they are in particular the same, I judge, which were presented to you, in 
particular to Hon. Edward E. Ayer, of the Board of Indian Commissioners, in person 
by the said D. F. Tyrrell on the* occasion of his visit here in early part of December. 
This, I judge, because Mr. Ayer went into these very matters on the occasion of hia 
visit here and I have no doubt that his report is now in your hands. 

I also deny that either he or those associated with him are competent in any manner 
to pass intelligent criticism or possessed of the practical experience either in Indian 
affairs and its administration or the lumber industry to judge or to say if my adminis- 
tration is competent or not. 

I feel also that from the record of this plant and this reservation before the office, 
which covers in detail the many absurd statements contained in Mr. Tyrrell's state- 
ment, that it should hardly be necessary for me to make any answer to same as it is 
only repetition of matter on which action has been properly taken. However, reply- 
ing to same as a whole, I have to say that his charges embraced in paragraphs 1 to 13, 
in entirety and separately, word, lines, and each paragraph, are an absolute tissue of 
falsehood and not only displav entire ignorance on subjects spoken of but are made with 
malice aforethought. He is'interested in securing a contract to represent this tribe 
as attornev, has deliberately misrepresented many things to various Indians,_ has vis- 
ited the reservation secretly, and has been a party to an attempt to create dissension 
here to further his own ends and of those associated with him, in particular those part 
blood members of the tribe who live without visible means of support and who are 
the chief offenders against regulation and order and who hinder in the main the ad- 
vancement of the real Indian. 

As Mr. Tyrrell presents no bill of particulars and has seen fit to generalize tor any 
effect that might be created, I herewith answer separately as per paragraph numbers 
in the same manner the best under the circumstances that I can. 

Paragraph 1 : I herewith deny that any member of this tribe was ever refused em- 
ployment at these operations. So much is this not the fact that when Indians apply 
for work special effort is made by me to fit them in some suitable place. Section 2 
of the act of March 28, 1908, has not been violated in any manner and furthermore, 
the wage paid all employees, white and Indian, are exactly the same, capability and 
the line of work being considered and the time books of this operation are records of 
proof. 

Paragraph 2: I herewith make answer that tliis charge is preposterous. 1 have not 
the absolute authority to remove any person from the reserve, that I do know persons 
have come here under the influence of liquor, and on their arrest they have been 
warned, fined, or punished in some manner. That I have dismissed from our employ 
any habitual offender of this kind as a matter of common knowledge and in cases 
when offender can be, have had him prosec uted in United States courts, whether the 
offender be Indian or white. 'WTien Mr. Tyrrell makes the statement that I never 
reprimand white employees who offend on this line, he simply does not tell the truth. 

Paragi-aph 3: I herewith make answer that this statement is simply another case of 
ignorance or not telUng the truth on his part. No man on this job can use a vile 
epithet toward another and it come to my knowledge and not be brought to task. 

Paragra})h 4: I herewith make answer that this is another preposterous statement,^ 
made without basis of fact. There are no favored positions here. It is a matter of 
common knowledge that every Indian employed or seeking employment is fitted in 
a task suitable to his capacity. We have Indian and white employees scattered 
throughout the mill, yards, and camps, all performing tasks alike a,ccording to capa- 
bility" We have white foreman and Indian foreman, white engineer and Indian 
engineer, white clerks and Indian clerks. Difficult and unpleasant duties; there ia 
nothing like this terra in a lumbering operation. It is all work and all alike do their 
part in" every part of the operation side by side. 



766 MENOMINEE INDIAN RESERVATION. 

Paragarph 5: 1 herewilh make answer thai Mr. Tyrrell or aiiyoue else do not know 
what they are talking about in statement made here. I not only am familiar, but 
intimately so, with the condition, life, homes, etc., of the so-called Pagan Indians, 
obtained by personal acquaintance with them, \-isits to their settlements, attendance 
at their dances, not once but many times. They are ncjt now, nor havq they ever been, 
to my knowledge in a destitute or starving condition. They are a pitiful few families, 
that live according to their light and who refuse to live any otlier way. They hunt a 
little, fish some, trap more, and occasionally work and spend the great part of their 
earnings in feasts or dances or ceremonies of similar nature and are inveterate gam- 
blers. The proposition was made to them to remove down near the agency limits 
and new houses would be built for them, but it was declinsd. They prefer to lead 
their lonely lives, apart from the ('hristiau Indian, in their own way. They are 
continually roaming here and there, progress but slowly, and tlien only w^hen 1 take 
their young men and set them at work. 

When Mr. Tyrrell states what he does he simply frames a bunch of words for effect. 
I have visited their settlements and had employees investigate their homes, health 
conditions, and with offers and inducements to work. This is record with living wit- 
nesses. I have an Indian policeman there who reports at least twice a month. There 
are living witnesses, whom I have accompanied, and also officials of the ser\'ice who 
have looked them over. Not a settlement on this reserve but has been \dsited by 
me many times. I doubt if there is road or trail that I have not gone over. 

Paragraph 6. I herewith make answer that here again Mr Tyrrell exhibits ignorance 
of conditions. Such as he puts it is not the case. Neopit is a business proposition 
for the Indians. Its products under the law are all salable. Any Indian can get 
wood or lumber for cash or for labor. In emergencies we donate to tide over a crisis. 
If he wants wood he gets a permit to cut 5 or 10 cords from dead and down slashings, 
and he does. There is no such thing as anything being discarded as of no value. We 
may not find a demand to-day but will some day later. Even our waste has a certain 
value for filling in purposes in making yard room. Mr. Tyrrell, by his own suggestion, 
would have the Indian well able to work get something for nothing, and thus breed 
laziness instead of industry. 

Paragraph 7. I herewith make answer to cliarge contained in this paragraph that 
every word and line is a barefaced falsehood. The circumstances mentioned therein 
never happened to my knowledge. At different periods supplies in warehouse, camp, 
or farm have spoiled and been condemned. No Indian was in need of food. If he 
was he would get wholesome, healthy food products and not rotten stuff. 

Paragraph 8. I herewith make answer that the substance of this paragrapli is abso- 
lutely not so. To my knowledge two or three items were sold from warehouse with a 
mistake made in selling price. On one item the error was remedied the next or suc- 
ceeding day and the other several days later. Both mistakes were made, I believe, 
by the Indian assistant at the warehouse. This matter has been investigated by super- 
vising officers of the service, is an old complaint and the facts as stated were so found 
by them. 

Paragraph 9. I herewith make answer that the charge as put forth in this paragraph 
is absolute rot. No intimidation or coercion either by inference, word or writing was 
ever attempted or made by me at any time against any member of tribe on their com- 
municating to Wasliington or with anyone else. My file is filled with correspondence 
foi-warded through the office of letters sent in by Indians. At my office daily are 
statements made, what this Indian or that Indian has said or done or going to do. 
They are looked into; if a reprimand is necessary, it is .given, and our relations remain 
the same, pleasant all around, at least if one is to judge by greetings. 

No member of the tribe has ever lost his job, been imprisoned or puiushed in any 
manner for any action he may have taken against me personally. In cases when 
deserved the truth has been made known and the ridicule cast on the offender by fel- 
low tribesmen has to my mind been sufficient punishment. 

I know exactly three Indians and one non-Indian who have been misled enough by 
Mr. Tyrrell'a rosy promises to contribute to his pocketbook and in no case were either 
of them discharged. Two are at present and have been camp foremen, one is in a 
laboring position and the non-Indian the same. This latter person I think it would 
be good policy to remove because of evident intent in advancing 1200 to Mr. Tyrrell 
or his associates to create an obligation on the tribe for which he in the future hopes 
to realize many fold. Mr. Tyrrell's statement that threats were made to incarcerate 
any one in jail if they attempt to communicate with the Secretary of the Interior or 
the Commissioner of Indian Affairs is a direct falsehood. 

Paragraph 10: I herewith make answer to this paragraph that the statement con- 
tained therein is so ridiculous as not to be worthy of thought. Nothing was ever told 
the members of the tribe but the absolute truth either privately or publicly. I have 



MENOMINEE INDIAN RESERVATION. 767 

told them the operation was a success, have told them it has made money and exactly 
how much since I came here. I have quoU^d them the figures from the books of this 
operation and read copies of official correspondence to them, showing them exactly 
how much money on deposit in the Treasury and the increase of same. I herewith 
reiterate this statement that during ray administration these operations have been 
conducted at a profit and that it compares favorably with any in the State. The records 
of fact in this are in shape of sworn statements, the books and records of this operation 
are here to be verified. This operation has been inspected oflacially many time 
by officers in the service, their reports are recorded to be examined. In turn, I here- 
with charge Mr. Tyrrell with deliberate misrepresentation to the Indian, causing dis- 
sension in the tribe, with resultant loss in industrial advancement and submit his own 
statements as contained in paragraphs 10 and 11 as evidence to back up what he has 
said to certain members of this tribe and also to other witnesses in public. I submit 
the books of this office and the statement of Treasury on the Menominee Log Funds 
showing funds on hand October 1, 1910, and statement of funds on hand December 31, 
1913, or June 30, 1913, showirg increase in funds with statement of resources and lia- 
bilities as rendered on date of September 30, 1913, to further convict the author of this 
statement of deliberate misrepresentation and false statement. 

Paragraph 11 : I herewith make answer to this paragraph that the statements con- 
tained therein are as ridiculous as the previous ones made. The act of March 28, 
1908, provides timber to be cut as forestry services shall designate, which is done. 
The species of timber on this reserve show many species more valuable than hemlock, 
which is a drug on the market. That none but mature timber is cut is a fact, that 
hemlock predominates in our cut by great percentage is a record in spite of the fact 
that it is hard to cut with profit. 

The estimated stumpage on the reserve October 1, 1910, was 1,750,000,000, consist- 
ing of in species in order of value and per cent of stand: 

Oak, 0.01 per cent; pine, 10 per cent; Norway, 0.02 per cent; basswood, 15 per 
cent; butternut, 0.00625 per cent; hickory, 0.000625 per cent; rock elm 0.06 per cent; 
ash. 0.0075 per cent; spruce, 0.00375 per cent; soft elm, 0.03 per cent; birch, 0.05 per 
cent; cedar, 0.01 per cent; tamarack, 0.005 per cent; beech, 0.000625 per cent; balsam, 
0024 percent; maple, 15 per cent; hemlock. 40 per cent. There has been cut since I 
took charge of this operation, October 1, 1910, 94,799,980 feet, consisting of oak, 
65 110 feet; pine, 25,675,530 feet; Norwav, 2,563,282 feet; basswood, 2,496,420 feet; 
hickory, 370 feet; rock elm, 364,690 feet; ash, 158,950 feet; soft elm, 557,030 feet; 
birch, '5,119,230 feet; cedar, 1,761,480 feet; tamarack, 83,760 feet; maple, 3,963,860 
feet; and hemlock. 51.678,000 feet; other woods, 61,300 feet. From this it will be 
seen that there has been cut in stumpage of woods value, at $5 per M and less, approxi- 
mately 64,000,000 feet of the lowest valued timber against 30,800,342 pine, Norway, 
basswood, and oak, and in no case was our cut of pine each year exceeding the per 
cent of stand as shown bv total except where necessary. I would also call attention 
that the eutting of approximatelv 24,000,000 feet of pine and Norway in 1911 and 1912 
was due to the fire of 1910 and for no other reason. The records as per cost statements 
and our books are vouchers for this. 

That Mr. Tyrrell is not a competent .judge to comment on this or any other plant 
is clearly evinced by his statement in this paragraph. The cut is not, and has not 
been, confined to the choicest standing timber, and even it if was, the emergency to 
be met would have to be considered with the possible loss that might be suffered. 
Also, his comparison on prices for waney board timber and lumber show entire lack 
of all knowledge of lumber values, which is very easily demonstrated. Market lists 
of lumber are "public records. Correspondence attached to office letter. Field For- 
estry 33132-1913, make a comparison on the item in question. In this it is shown 
that the ratios of profit to the tribe in favor of hewn timber is that of on pine nearly 
4 to 1, or, to be exact, $57 per M net over stumpage and manufacture for hewn pine 
timber, against $14.17 per M on manufactured lumbers, and on hewn rock elm tim- 
ber the i)rofit per M is immensley greater, namely, 57 cents per M on rock elm lumber 
and $29.19 per M on rock-elm timbers. 

There has been no violation of section 2 of said act by me legarding contracts. I 
respectfully refer to office letter dated March 21, 1913, Field Forestry 33132-1913. 
J. P. K., and correspondence thereto attached, approving the sale and manufacture 
in which this matter was thoroughly entered into, besides conference with secretary 
of the author of the bill. Men are employed and paid by piecework to make lath 
and shingles. Section 2 of said act certainly conveys on the Secretary of the Inte- 
rior the authoritv to employ labor at such work and at such compensation as shall 
be fixed, and it is common practice among the mills of the country to perform work 
of this kind in this wav. I deny in toto the latter part of statement in this paragraph 



768 MENOMINEE INDIAN RESERVATION. 

referring to railroad built at expense to tribe, waste in woods, or anything in any man- 
ner that can be conveyed from the words as put in Mr. Tyrrell's charge. 

Paragraph 12. I herewith make answer that no member of this tribe has ever been 
refused information, or access to the books of this office. So far is this from the fact, 
that it is a matter of record that at tribal councils I have invited the tribe to inspect 
our records, maintain a public copy in this office open to their inspection and also one 
at Keshena, which can be seen by them at any time and at no time has any demand 
ever been made by an>^ single member of the tribe for this. I herewith say that never 
at any time has anything ever been done to conceal, hide, or cover up, any, if there 
he such shortcoming or act of negligence. There is no careless or incompetent admin- 
istration. I invite always attention to anything in shape of criticism. I am frank to 
say that I have benefited hugely by same when given. I prefer hearty commenda- 
tion of the foremost lumbermen of this country, experienced ones who know what they 
talk about, which has been given me on many occasions. They are records of facts, 
witnesses that can be called on, to the idle clatter of such words as are put together 
by Mr. Tyrrell and his associates. 

I knew absolutely nothing of any inquiry to be made into affairs here beyond the 
fact that inquiry was going on all the time, that the eyes and ears of the office were 
on this plant and my work every moment, either through correspondence or visiting 
official, information was sought all the time and certainly no Indian, white person, 
or living being can say that they were asked directly or indirectly to cover up or conceal 
or do a single thing to hide anything that should be known. In fact, I know to the 
contrary that the orders are to employees to place themselves at the free disposal of 
inspecting officials with books, records, information on anything they may be asked. 
It is unequivocal falsehood to say anyone was discharged for such reason. I think 
every visiting official who ever came here will bear out these facts. 

I can not conceive anyone being dense enough to say that this is the first time mill 
ever received any cleaning up. Does he not know that insurance inspectors inspect 
here monthly, that supervising officials visit here, that there are living witnesses in 
shape of foremen and employees to say nothing of time-book records showing work 
each employee performs? 

Paragraph 13. I herewith make answer to charges in this paragraph, a denial in to to. 
I am not unfair, unjust, arrogant, offensive, and insolent. I fill this position as I 
see it, a teacher to children, an executive to maintain law and order, discipline when 
necessary, teach industry, morality, sobriety, do what I can to improve health and 
home conditions, and absolutely deny and can prove that no one but ever received 
the fairest consideration to the limit and even beyond. The only ones who may be 
in fear of having to leave the reservation are the ones who are associated with Mr. 
Tyrrell, who fear being found out in their lying and efforts at creating unrest and 
dissension, and who fear the punishment the office may give them, and it would be 
only meet and fair so to do, for they suffer the great body of the tribe much harm and 
loss toward industrial development by their continued agitation. 

As to the unanimity concerned in Indians asking niy removal, I do know this, that 
the few associated with Mr. Tyrrell are so to a degree." Added to them can be placed 
the offenders on liquor trespass and law and order, with perhaps a few who trail along 
with the crowd who make the most noise, thinking they are the majority. There 
may be possibly 60 in all of these. I also know this, that not concerned in this so- 
called request for my removal are the great body of honest, industrious, law-abiding 
Indians, who make sincere effort for advancement of themselves and children. I 
also know- that of those included in the possible 60 that there would not be a half 
dozen left, only they are misled by the lying propaganda put forth by Mr. Tyi-rell's 
associates to the effect contained in his statement No. 10, together with the added 
one that failure of annuity payment is due to waste by me of interest money from 
which same is paid and a vision held out to them, "Stand in behind us and money 
will flow; easy times, fine jobs, good pay, easy work." 

I am finished, beyond saying that the records of my work are open books here. I 
invite at any time, any moment, investigation of my conduct of affairs by you, sir, 
or your able assistant, ct any other fair-minded, experienced man you may send. 
In this connection I have lately experienced a visit from one of the Board of Indian 
Commissioners, Mr. Edward E. Ayer, of Chicago. 111., a lumberman of many years, 
with plants many times larger than this, a knowledge of Indian affairs acquired 
through years of dealing with Indians. He was accompanied by his secretary, as 
expert auditor, his superintendent of logging, and a stenographer. They went over 
this plant from top to bottom and into the Indian question. The best inspectors in 
the Indian Office have been here, all competent men, as I know; their advice and 
judgment are most valuable. 



MENOMINEE INDIAN RESERVATION. 769 

This much I venture to suggest f >r the ^'ood of the Indian: It is time sonietjiing 
definite was determined of the truth or falsity of these charges, which have been haixhid 
into the office by some parties for the year past directly and through every available 
source they coukl reach. If the men interested are permitted to roam, making capital 
by misrepresentation, it would be but a question of time when these aspiring leaders 
would undo all the g )od ever done on this reserve. 
Very respectfully, 

A. S. Nicholson, SirperinienOent. 



Copies of Papers Showing Experience of A. S. Nicholson, Before His 
Appointment to the Position o? Superintendent of Keshena Indian 
School. 

[Taken from status file of A. S. Nicholson.] 

The following is a summary of the training and experience of Mr. Angus S. Nichol- 
son, of New York: 

Age 37 years. Married; two children, one 5 years, other 3 years of age. Born 
February 14, 1873, Luddington, Mich. Removed to Janesville, Wis., at 5 years of 
age. At about 14 years came to New York, where education was completed in public 
schools, and started in to make my way in the employ of Savannah Line of steamers. 
At 18 years assistant foreman and dockman in charge of longshoremen. At 20 years, 
manager of P^oreign Express Co., where I came in contact with and handled labor of 
all kinds. During this time was studying and attending night schools, taking a 
business and commercial course in law and business methods, etc. Auditor for the 
receiver of Traders Fire Insurance Co. Always took interest in civic affairs, as I 
found it a great school in which to study men, and I feel I profited much thereby. 
About nine years ago appointed deputy na\al officer of customs for port of New 
York, which office audits the accounts of the collector of customs here. I am, con- 
fident that my career in this place is such as to warrant my saying that every single 
subordinate of this office considers himself my friend. 



United States Customs Service, 

• Port of New York, May 17, 1910. 
R. G. Valentine, Esq., 

Commissioner of Indian Affairs, 

Department of the Interior, Washington, D. C. 
Sir: Replying to your letter of May It), concerning the superintendency of the 
Keshena Indian School in charge of the Indians on the Menominee and Stockbridge 
Reservations, in Wisconsin, I give you herewith the particulars of my service for the 
Government, as you ask. 

Name, Angus S. Nicholson; place of birth, Luddington, Mich.; date of birth, Feb- 
ruary 14, 1873; branch of Treasury service, customs; station, naval oflSce, port of New 
York; position, deputy naval officer of customs; compensation, $2,500 per annum. 

Appointed to present position July 19, 1901. How appointed: Through noncom- 
petitive civil-service examination, by passing regular first-grade examination; per 
cent, 90. Appointed from State of New York, county of Kings, fifth congressional 
district. During year 1903 was placed in the classified competitive civil-service class, 
graded clerk, class 6. Salary, $2,500 to $3,000. 

My official designation is deputy naval officer of customs; duties, to perform such 
as may be assigned me by the naval officer of the port of New York; to be thoroughly 
familiar with the rules, regulations, and decisions of the Treasury Department govern- 
ing the proper enforcement of the customs laws covering the entrance and clearance 
of vessels, merchandise, etc.. and to apply them properly. Salary, $2,500 per annum. 
Very respectfully, 

Angus S. Nicholson, 

Deputy Naval Officer, 
Room 347, Customhouse, New YbrJ:. 



770 MENOMINEE INDIAN EESEEVATION. 

Washington, D. C, December 16, 1913. 
Hon. Cato Sells, 

Commissioner of Indian Affairs, 

Department of the Interior, Washington, D. C. 
My Dear Sir: At the request of the Menominee Indians I herewith inclose you 
formal charges preferred against A. S. Nicholson, superintendent of the Menominee 
Indian Reservation, together with a copy thereof for service upon Mr. Nicholson. 

I respectfully request that I be advised a sufficient time in advance of the investi- 
gation so that I maj^ be prepared to offer the evidence in support of the charges. 
Verv truly, yours, 

D. F. Tyrrell. 



Before the Commissioner of Indian Affairs. In re administration of A. S. Nicholson, 
United States superintendent, Menominee Indian Reservation, Wis. 

Comes now D. F. Tyrrell, an attorney at law and a resident of Gillett, Wis., and 
for and on behalf of the members of the Menominee Tribe of Indians makes the fol- 
lowing charges against A. S. Nicholson, superintendent in charge of the Menominee 
Indian Reservation, to wit: 

1. That A. S. Nicholson has, contrary to the plain provision contained in section 2 
of the act of March 28, 1908 (35 Stat. L., 51), refused employment to members of the 
Menominee Tribe of Indians in connection with the logging operations, although the 
Indian applicants were well qualified to fill said positions, and has, contrary to the 
terms of the statute and the prohibition therein contained, employed large numbers 
of white people to fill the positions in connection with said logging operations applied 
for by the Indians and which employment was denied the Indians; that the wages 
paid the white labor in many instances has been excessive and much greater than 
the wages paid to Indians performing similar duties. 

2. That he has retained white persons in responsible positions who have introduced 
liquor on the reservation and who have been intoxicated ' on the reservation and 
which facts have come to Mr. Nicholson's personal knowledge; that so far as com- 
plainant has been able to learn Agent Nicholson has never even reprimanded the 
white employees so offending against the laws of the United States, while for similar 
offenses committed by the Indians he has caused the arrest of the Indian, his incar- 
ceration in jail pending trial and subsequent conviction. 

3. That lie has permitted his whitesubordinates and employees, with his knowledge, 
to apply vile epithets to members of the Menominee Tribe, and has failed or refused 
to reprimand his white agents and employees for the use of such language to the mem- 
bers of the tribe. 

4. That he has uniformly imposed upon the Indian employees the duty of per- 
forming the more laborious, difficult, and unpleasant duties in connection with the 
logging operations and has permitted the assignment of the white employees to the 
more favored positions. 

5. That during his entire administration he has never investigated or inquired into 
the condition of the so-called '"Pagan Indians, " who are now and have been at various 
times in a destitute, pitiful, and almost starving condition, and has refused to permit 
them to use the refuse lumber, which has gone to waste, for the purpose of improving 
their dilapidated homes, many of which are unlit for habitation. 

6. That he has refused to permit members of the tribe to use the refuse from the 
lumbering operations for fuel or for the improvement of their places, and in cases when 
they ha^'e taken refuse from the logging operations which was discarded as of no value 
he iias required them to pay for the same. 

7. That he has refused to permit members of the tribe to use and consume vege- 
tables and food products raised on the reservation farm, although said vegetables and 
food products were then decaying and did subsequently decay and were thrown away, 
said refusals being made at a time when the Indians were in need of food products, 
and when they were without funds with wliich to purchase them. 

8. That he has permitted white employees on the reservation to obtain articles 
from the Indian warehouse at a lower price than that at which the same article has 
been sold to the Indian employees. 

9. That he has attempted by intimidation and coercion to prevent the members of 
the tribe from communicating with the authorities at Washington relative to the 
unsatisfactory conditions existing on the reservation, and in cases where certain 
Indians have advanced funds with which to defray the expenses of making their 
complaints known to the authorities at Washington he has caused the Indian thus 



MENOMINEE INDIAN RESERVATION. 771 

advancing the funds to be discharged from his position, and in other cases has threat- 
ened to incarcerate the Indians in jail if they attempted to communicate, relative 
to their tribal matters, with the Secretary of the Interior or the Commissioner of 
Indian Affairs. 

10. That under his administration the Indians have sustained a loss in their logging 
and lumbering operations of several hundred thousand dollars, due to carelessness, 
mismanagement, and maladministration, and that he has knowingly and with intent 
to deceive the Indians represented to the Indians in private talks and in public 
statements that the logging operations were now and have been throughout his admin- 
istration conducted with a profit to the tribe, the said superintendent at the time said 
representations were made knowing full well that said representations were false and 
untrue. 

11. That in an attempt to show a profit in the logging and lumbering operations 
he has confined the cut in the woods to the choicest standing timber, and has, in vio- 
lation of section 2 of the act of March 28, 1908, supra, contracted with lumbermen 
for the squaring of merchantable timber and the sale of the same to them at prices 
far lees than the same timber manufactured into lumber would have brought; that 
he has likewise, contrary to the provisions of section 2 of the act of March 28, 1908, 
supra, contracted with certain white persons for the manufacture of laths and shin- 
gles; that he has directed the construction of branch lines of railroad into certain log- 
ging districts at great expense to the tribe and has, before the timber then cut in said 
district was removed, taken up said railroad and has left the remaining timber in 
the woods; that large quantities of valuable timber cut in the woods have been left 
to decay and have become worthless; that in one place in the logging operations 
under his directions all white and Norway pine was cut from a burned-over area 
and a very large quantity of valuable hemlock was left to spoil in this same area. 

12. That he has refused to permit the Indians to inspect the books and records of 
the office and ascertain for themselves the facts with reference to said logging opera- 
tions; that he has recently attempted to cover up and conceal from view the careless 
and incompetent administration of affairs; that recently and when it became apparent 
that a thorough inquiry would be made into the affairs of the Menominee Indians, 
pursuant to his instructions a thorough cleaning up around the mill occurred, which 
was the first time such a cleaning up had occurred during his administration; that 
because of the refusal of certain Indian employees to cover up and conceal from 
view the waste in the lumbering operations around the mill, as directed so to do by 
their superior officers, they were, with the knowledge of the superintendent, dis- 
missed from their positions. 

13. That his conduct toward the Indians has been so unfair, unjust, arrogant, offen- 
sive, and insolent that the Indians are practically unanimous in demanding his removal 
from the office of superintendent of their tribe, many of them going so far as to assert 
that unless he is removed and an agent who will .deal fairly and justly with them is 
placed in charge they will be compelled to leave the reservation; that conditions are 
critical, the Indians being dissatisfied and restless to an alarming degree, all due 
to the improper conduct on the part of the agent and the mismanagement of their 
affairs by him. 

Complainant respectfully requests that a copy of these charges be served upon 
Supt. Nicholson, and that after due notice to all parties interested said charges be in- 
vestigated and fully inquired into by your honor, the Commissioner of Indian Affairs, 
or by the Assistant Commissioner of Indian Affairs, Mr. Meritt, or by some competent 
man, to be designated by your honor, whose ability and probity is beyond question . 
Respectfully submitted. 

D. F. Tyrrell, 
Representinrj the Menominee Indians. 



Copy of Charges Made Against Mr. A. S. Nicholson, Superintendent Keshena 
Indian School, by Menominee Indians. 

[Taken from status file of A. S. Nicholson.] 

April 25. 1913. 
Mr. Mitchell Oshkenaniew, Neopit, Wis. 

Sir: There has been filed in this office a statement purporting to be from members 
of the Menominee Tribe of Indians of the State of Wisconsin complaining of the 
administration of affairs under Supt. Nicholson. Yours, however, is the onfy signa- 
ture to the statement, which was filed by Thomas Prickett under an alleged authority 
to represent the Menominee Indians. 



772 MENOMINEE INDIAX RESERVATION. 

A number of the complaints contained in the communication are known to thia 
office to be grossly overdrawn, while others are known to the office to be without 
any foundation in fact. Furthermore, the record of Mr. Thomas Prickett is such 
that he will not be recognized in any representative capacity before this office; and 
as to yourself, it appears that at a meeting of the general council of the Menominee 
Tribe, held January 26, 1908, it was resolved: 

"That Mitchell " Oshkenaniew is hereby forever barred from representing the 
Menominee Tribe of Indians in any way, shape, or manner in any of their tribal 
affairs, either on or off the Menominee Reservation." 

This resolution was adopted by a vote of 62, no one voting in the negative; your 
complaint, therefore, will not be given further consideration. 
Very respectfully, 

F. H. Abbott, Acting Commissioner. 

Approved April 25, 1913. 

Lewis C. Laylin, Assistant Secretary. 



April 8, 1913. 
Mr. John Feather, Keshena, Wis. 

Sir: The department is in receipt of the telegram dated March 27, signed by you 
and Joe Grignon, and the letter dated March 28, signed by yourself and 47 other mem- 
bers of the Slenominee Tribe of Indians, in which you refer to a supposed visit to this 
department by Supt. A. S. Nicholson, and in which you make certain allegations 
relative to him. 

As the Commissioner of Indian Affairs has no information indicating that' the super- 
intendent is en route to Washington, and as ample time for him to have arrived has 
elapsed since the filing of your telegram, it appears that your assumption with regard 
thereto was incorrect. 
Respectfully, 

Lewis C. Laylin, 

Assistant Secretary. 

Keshena, Wis., March 28, 1913. 
Hon. Franklin K. Lane, 

Secretary of the Interior, Washington, D. C. 
Sir: We, the undersigned members of the Menominee Tribe of Indians, are very 
much alarmed by the sudden departure on the 6.40 p. m. train Wednesday evening 
of our superintendent, A. S. Nicholson, thinking perhaps that he is going to Wash- 
ington, D. C, in order to vindicate himself of charges preferred against him to you 
by one of our members a short time ago. W^e most earnestly protest any actions he 
may demand. We have no confidence in our superintendent whatever. We beg 
and ask that an investigation be ordered as soon as possible by your honorable Sec- 
retary of the Interior. 

Very respectfully, 

Mitchell Mah Kimetass; John Feather; Joe Waupoose; Edward Sullivan; 
Louis Shawano (his x mark, thumb print); Peter Askanitt; John B. 
Waukchon; Tom Sanawat (his x mark, thumb print); Peter Askenitt; 
George Pyawasay (his x mark, thumb print), Gusahyahsha (witness); 
John Cordish; David Martin; Antone Shawanomette; John Shawano- 
mette (his x mark, thumb print); Antone Shawanomette; Mitchell 
Shawanomette (his x mark, thumb print); Antone Shawanomette; 
Thomas Waupoose; Jerome Pecore; Louis Corn, sr.; Richard Corn; 
Robert Pahmay (thumb mark); Louis Corn; Frank Red Cloud (thumb 
mark); Louis Corn, sr.; John Shawapeness (thumb mark); Gusahya- 
hsha; Antoni Waupano (thumb mark); Joe Teaprie (thumb mark); 
Jno. Teather; Ed. Brisk; Mitchell Poplice (thumb mark); Gus Ahya- 
hsha; Mose Oshleshequson; Joe Grignon; Gus ah yah sha; Joe Sey- 
mone (his x mark, thumb mark); Mitchell Mah Kimetess, witness; 
Jerome Laws; Gabe Blackcloud; Joe Meyawanon (his x mark, thumb 
print); Mitchell Mah Kimetass, witness; Joe Pecore; Antoine Stick; 
Joe Boyd; Paul Waupochick; Peter Askenitt; Louis Waukechon; 
J. A. Gauthier; John Keshena (his x mark, thumb print); Mitchell 
Mahkimetass, witness; Louis Keshena, jr.; Frank Waukecha; John 
Moses, jr.; Mitchell Dick; F. S. Gauthier; Frank Tekiew; Jum 
Blackeland (his x mark, thumb print); Frank Tekiew; Mitchell Mak- 
kimetass, jr.; Joe Davis. 



me:n:ominee indiax reservation. 773 

DeparTiMent op the Interior, 
United States Indian Service, 

Menominee Indian Mills, 
Neopit, Win., March 22, 191-3. 
The Commissioner of Indian Affairs, 

Washington, D. C. 

Sir: Your letter of March 15, inclosiiij- copy of a paper filed in your office on March 
7, 1913, by Thomas Prickett, signed by Mitchell Oshkenaniew, who is supposed to 
be representing the ^lenominee Tribe of Indians. 

This complaint is one of several that have been handed to your office during tlie 
year past, each of which emanated from the same source; a disgruntled few wlio pro- 
fess to be leaders, who will not work, live by their wits, and make a specialty of stirring 
up factional strife on every available opportunity. Their complaint is a general one, 
specifying nothing in detail. Suffice it for me to say here now, that there is not a 
scintilla of truth in what is meant to be conveyed by this paper dated March 3, 1913. 
addressed to the honorable Secretary of the Interior, Washington, D. C\ 

Answering the paper in detail: 

Since I have been here, there has been on an average yearly four authcrized coun- 
cils held, each called as prescribed by the regulations and established by custom. 
At not a single council, held at the Council Hall at Keshena, has there been one single 
word uttered or charged or passed by the council against management of affairs here, 
although they have been requested by me time and again to do so, if they have any. 

February 18 I received a telegram to select three representative Indians and 
report at New York on February 22, 1913, which I did. leaving here on February 
20. Seizing the opportunity, during my absence a few faction leaders met, as 
they say, on Saturday, February 22, It was then stated that the superintendent 
had taken three Indians who would do anything he wanted them to do and had gone 
off to Washington to act against the tribe's interest, etc. The principal reason of 
the meeting, as I learned later, was that a secret meeting had been called of a chosen 
few and that an attorney was to be present, who, through Prickett and Oshkenaniew 
and several others, is endeavoring to negotiate a contract with the tribe to represent 
them. But more of this later. As only a few were present and the superintendent 
away, the chance was tew gocd to lose for them to accomplish something, su, after 
a general talk and ending in a series of most absurd charges (I have never seen them; 
have only hearsay for this) they asked Mr, Marble, assistant superintendent at Keshena, 
to come upstairs and certify' to a paper containing a record or miniites of the meeting 
or council, as they called it. He told them no; that no council had been called and 
due notice sent all male members of the tribe. 

They then took what they termed an adjournment, agreeing to meet on Febru- 
ary 26, each to endeavor to bring in as many as he could, or rather those who were 
known to be friendly to this faction. It was said that the superintendent would 
not be back until after March 4, so the road would be clear. I returned here, unex- 
pectedly to them, on February 26, I think it was, as I had left New York immediately 
after the ceremonies. 

This meeting was held, and an attorney from Gillett, a representative of a Mr. Bal- 
linger, attorney in Washington, was there and read a paper to the Indians, telling 
them what he would do, etc. Resolutions were adopted, all against this superin- 
tendent, who had taken, as they put it, three tools he could use to Washington to 
get permission to do as he liked, etc., with the tribe's funds. And the attorney, it 
is said, backed them up in gocd shape, promising all kinds of investigations into 
their affairs, etc. 

The whole is so absurd as to be almost laughable, but it shows the tactics these men 
use to gain ascendency over their red brethren for their own purpose, I was told of 
this meeting and also told it was not necessary to have the superintendent certify to 
minutes of their meetings, etc.; that they could do business without him. I took 
Mr. Oshkenaniew and Mr. Prickett to task about tliis; pointed out the regulations of 
council meetings, which are that the superintendent shall call councils only upon 
expressed desire of a fair percentage of the adult members of the tribe; at least three 
days" notice to be given and the principal business of the council to be therein stated 
in order to give every member who wishes opportunity to attend; said councils to 
be held on day of the week and time of the year that is easiest for members to leave 
work to be present. They mumbled sometliing and then denied making statement, 
although it was told to MV. ]\Iarble, who was asked to certify to the minutes. The 
regulations also require the superintendent and officers of the council to certify to 
the proceedings for transmission to Washington. Necessarily the superintendent 
has to be present, as many questions are asked him on business affairs, advice, etc. 



774 MEisroMiisrEE Indian reservation. 

Au interpreter is also required, who is to translate into English all talk taking place 
in Indian for record. 

The meeting of March 1, which Mr. Oshkenaniew speaks of, was a committee meet- 
ing called by myself to organize a fair association in line with program of promotion 
of farming pursuits on the reservation. Mr. Oshkenaniew was not a member of this 
committee. When its business was over, members of the fair association and myself 
had a talk about a per capita payment. I was asked to recommend one and told the 
committee if the tribe requested it I would, and that certain correspondence had 
already passed between the office and myself about it. They united in a call for a 
council, 25 leading members of the tribe forming a committee "and a number of others 
present. 

March 5 was suggested as the date, but as I was expecting to be in Chicago on busi- 
ness affairs of the mills on that day, suggested Saturday, March 15, as March 5 would 
not give time for proper notice to be distributed, and it was so understood. I ex- 
plained that this would give every one ample time to be present from all settlements 
of the reservation, who could then tell in council the various reasons a per capita pay- 
ment was desired. 

So far as opposing any delegation going to Washington to fight me or anyone else, 
never any such thought entered my head. I care nothing about anyone's fighting 
me, being absolutely certain of my ground and actions at all times. Besides I am not 
here for fighting, but as a teacher and executive. I have advised the tribe against 
the ill-ad visedness of members running down there for inconsequential things, bother- 
ing the office with matters that can well be conducted through this office. (See 
record of tribal council, Feb. 15, 1912, in which a tribal delegation was elected to 
go to Washington, and went.) Record of the council at which they were selected 
will show that my only word then was after they had permission to go; that my only 
word was for them to select their three very best representative men. Oshkenaniew 
and Prickett were among those who went, and their record shows that they did not 
attend to any of the important things the council sent them for, but did spend their 
time in making petty complaints manufactiu-ed from false evidence, and violating 
the regulations against liquor to Indians, coming back leaving bills unpaid, after 
being furnished with money sufficient for purpose sent. 

That part of this paper which speaks of the three Indian employees whom the 
superintendent took to Washington is a very fair sample of the misrepresentation used 
by these men to gain their ends. It would be very hard work for any one here to select 
three representative men who are not employees when it is considered that 250 to 275 
male adults out of 525 are employees hers. The men were Reginald Oshkosh, about 
45 years of age, oldest son of Neopit Oshkosh, the old head chief of the tribe. He is 90 
years old and his death has been hourly expected for months past. He is just existing, 
a very old man, slowly dying of old age. His son would be head chief if such were 
still recognized by the Government. He is so accepted by the Indians. Oshkosh is 
making progress. He works. He has not the friendliest feeling for myself because 
of my having to bring him to task for a failing at times. He can not resist drink when 
offered fo him. He is really a bright Indian, fairly square, and a real leader for the 
betterment of his people, educationally and industriously; one of Carlisle's first 
students. 

Mitchell Waukaw, 42 years old, nephew of old Chief Chickeney and oldest male head 
of this band, is a model Indian in deportment and work. As policeman, and now 
forest guard, he has incurred the enmity of such men as these because of his continu- 
ally rounding them up for wrongdoings. 

Pamonicutt was the third man, a direct descendant of an old chief of the tribe, 
quite a spokesman among them, and an employee of 20 years' standing, and one who 
has caused me some trouble at times owing to a propensity to interpret things his own 
way. I mention this merely as showing how absurd their statements. 

These tlu-ee accompanied me to New York to take part in the ceremonies of laying 
the corner stone to the American Indians. They were not my first selection, but 
two I had in mind and had asked could not get ready in time, and as I had but one 
dav in which to prepare, these three went and carried off their parts nobly as repre- 
sentative Menominee Indians. While in New York they were invited by the inau- 
gural committee to go to Washington to participate in the inauguration of our Presi- 
dent. They went, performed their part well, and returned here several days later. 
None of them, nor did I, knew of going to Wasliington on leaving here. We all 
expected to return at once. 

There was no real council on February 22, nor on February 26. Nor do I put ray 
hands on, or try to cause, influence, or control the actions of the councils. Whatever 
has been said or done in ray official capacity has been at all times to, by suggestion, 
direct the tribe in proper lines and to do their business aboveboard and straight. 



MENOMINEE INDIAN RESERVATION. 775 

There is not a single Indian here that can be produced to say that I ever asked liim 
to influence the tribe. What I had to say was in the open, to them all, when assem- 
bled together. That, I think, is my duty. 

This paper signed by Oshkeuaniew and delivered through the medium of Prickett 
fairly exposes the actions of these men who have been busy lately formulating what 
they term charges. Concealed in it is one of the primary cause's why this class of 
Indians dislikes their superintendent. You will notice mention of employing attor- 
neys. It seemed that Mr. Prickett, Mr. Oshkenaniew, and others are interested in 
securing a contract for a certain attorney, or attorneys, above mentioned. They 
met them here when a hearing was held on the old logging claims. These attorneys 
were representing claimants against the tribe, and certain of these Indians were 
their witnesses. Right after this, talk commenced to be circulated in favor of hiring 
them as attorneys. It was represented that they were needed to investigate the man- 
agement of the mills, press claims on the school and swamp lands, and to recover to 
the tribe thousands of dollars alleged to have been misspent. I was east at this time 
last summer. In Washington I met a Mr. Ballinger, who wanted my consent to talk 
to the tribe to get a contract. He represented it to be with the permission of the 
department, etc. I told him the regulations regarding attorneys to represent Indians 
and said when I received official order of the department they could then talk busi- 
ness. 

He evidently wrote west at once, because his representative in Gillett, Wis., visited 
certain Indians here and had them meet him in Shawano. I put a stop to this on 
my return. Now the point is, no one of these Indians will do a thing unless he is 
paid and well paid. Ask them to do something and they immediately look to see 
what is in it. They have made it their business for years. On my taking charge 
here I saw to it that a scant living was made from this kind of source. 

The record prior to my coming here is a record in the cfBce. I was sent here to 
remedy certain conditions that had existed and which was a detriment to the tribe. 
Let me enumerate some of the things that had existed before my coming, which are 
records. 

A business committee had conducted affairs of the tribe. Their conduct was so 
rotten that, on an appeal from the main body of the tribe, by Executive order, it 
was abolished. Members of this committee were Oshkenaniew, McCall, Mose Tucker, 
Joe Grignon, Tom La Bell (associated with Thomas Prickett, not then a member 
of the tribe), We-is-ke-sit, Lawe, La Motte, Gauthier. and others. Fifteen in all, I 
think. Oshkenaniew was secretary and chief of the clique. They were found to have 
sold logging contracts for a consideration; applicants for membership were elected to 
the tribe for a consideration; Oshkenaniew was caught with having entered into an 
arrangement with an attorney in Washington to secure a contracf with the tribe, 
out of which Oshkenaniew was to receive $5,000. Others were found to have received 
money, usually $25 down and balance remaining, usually $50 or $75, when an appli- 
cant was elected member of the tribe. Oshkenaniew and Gauthier were chief offend- 
ers in this. 

The influence of this committee was bought and sold for various purposes, as 
desired. So-called councils were held which were nothing more or less than con- 
ferences of cliques interested, at which action was taken committing the tribe on 
any measures they had in mind. In the clean-up Oshkenaniew was, by resolu- 
tion of the tribe, forever barred from representing the tribe or participating in its 
affairs in any manner. (See my letter, dated Jan. 23, 1913, Education employees, 
66-1913, concerning him.) 

All the members of the committee were viewed with suspicion by the great body of 
the tribe. Prickett was tried by the tribe, and a resolution was' passed asking the 
Secretary of the Interior to expel him from the reservation for immoral conduct and 
other abuses, and the order was issued. See my letter to office December 18, 1912. 
Then the Neopit difficulty arose and the visit of the Senate committee. In July, 1910, 
I came here. I told the Indians on my arrival that what was past was history. I 
would neither condemn nor condone. Each was to show by future conduct under my 
administration how he was to be treated . Graft was shut off. Men occupying useless 
jobs were removed. Regulations for the control of the liquor traffic were rigidly 
enforced . Offenders against the regulations of the reservation were promptly rounded 
up. Men were set to work to properly provide for their families. In a word, order 
was reseolved out of chaos and quiet prevailed. 

The Neopit operation, which had suffered loss, was put on its feet. From thousands 
of dollars lost a turnover in ] 910 was made for $13,000 excess receipts over expenditures; 
to $65,000 excess receipts over expenditures in 1911; to $200,000 excess receipts over 
expenses in 1912; and this yea bidding to reach $300,000 (we have $150,000 in and 
only 6 months on the way) . All this is record . 



776 MENOMINEE INIIaN EESERVATION. 

Now for the trouble makers. About a year ago the office could not see its way 
clear to make the customary $30 annuity payment, as the interest money from which 
it was taken was not available. This gave this class of men a chance again. Stories 
were circulated that money was being wasted. For evidence it was pointed out that 
no annuities were paid and those that had been were very small. Race prejudice 
was aroused by cunningly contrived innuendos. The Indian was told how all kinds 
of money was used at the mill, but none available for annuity. 

During this time I had called the office's attention to a matter of interest; money 
used in the past by the mills that would better be used for the Indians, and this was 
allowed and money replaced in the fund. While this was going on, a committee was 
sent to Washington, of which I have spoken already. They came back claiming all 
credit for the replacing of this money and assumed prestige thereby. Since that time 
they have been busied in visiting settlement after settlement circulating all sorts of 
stories calculated to make the tribe lose confidence. 

The change in administration gave them another chance, the Indians were told. 
They were going to see to it that a change occurred here. Naturally, this class of men 
desires a change. They want a chance to return to old conditions, when they could 
make easy money. They think a change would effect this result, or at least give them 
a chance. 

The time has come when the office should call a halt. What I say is not all my say. 
It can be confirmed by visiting officials, by business people doing business here, by 
neighboring towns who know of the rejuvenation that has taken place here, and in 
the towns themselves through regulation of the liquor traffic and the constant striving 
to have the Indians pay their just debts. My suggestion would be that a forcible 
opinion of the department be sent these men, expressing the office's views in no uncer- 
tain way. Copies of this could be posted in settlements, so that the law-abiding 
Indian who is slowly working his way can understand Washington's viewpoint, and 
proceed again to his work, knowing that his interests are well protected. It is not 
from the industrious Indian such complaints emanate, but from the fellow who is 
physically and educationally well able to make a living by daily toil, but prefers an 
easier route. 

Respectfully. 

A. S. Nicholson, Superintendent. 

March 15, 1913. 
Mr. A. S; Nicholson, 

Swperintendent Keshena Indian School. 
Sir: Inclosed is a copy of a paper filed in this office under date of March 7, 1913- 
Please make prompt report in regard to the allegation set out in the communica- 
tion. 

Respectfully, C. F. Hauke, 

Acting Commissioner. 

Menominee Indian Reservation, 

Neopit, Wis., March 3, 191S. 
The honorable Secretary op the Interior, 

Washington, 1) . C. 

Sir: We, the undersigned members of the Menominee Tribe of Indians of the State 
of Wisconsin, do hereby represent and say that, the Menominee Indians being very 
much dissatisfied with the bad management of our affairs under Supt. Nicholson, 
and being desirous to employ attorneys to represent our tribe to have an in- 
vestigation made into our said affairs, as well as to attend to other matters of importance 
in which we are interested, called a council which was held on the 22d day of Feb- 
ruary, 1913, which was adjourned to February 26, 1913. At this council four dele- 
gates, members of the tribe, were appointed to go to Washington, D. C, to represent 
the tribe's interest. Messengers were sent to the various parts of the reservation to 
notify members of the tribe that a council was to be held . 

But Supt. Nicholson does not recognize this council as legal, because it was not 
called by wTitten notices nor by him. He maintains that before our tribe can 
hold a council his consent must be first obtained and that he must call the council 
before a council can be held legal. We hold that the tribe has the right to call councils. 

On March 1, at another meeting, Supt. Nicholson was requested to call a council 
to be held March 5, 1913, but Supt. Nicholson put it off until March 15, 1913, for the 
purpose of delaying matters. 



MENOMINEE INDIAN RESEKVATION. 777 

lie duos nut want a delegation that is opposed to bun to go to Washington, D. C, 
9,nd fight him in any way. lie is interfering with our tribal affairs by trying to keep 
us down under his absolute control. He wants to control the actions of our councils. 

Recently Supt. Nicholson took with him to the East three of his Indian employees, 
who are now in Washington, D. C, one of whom is represented in the eastern news- 
papers as "chief of the Menominee Indians." 

The fii-st council, which met February 22, 1913, authorized its chairman to wire 
President Wilson and to advise him that the party of three Menominee Indians who 
went to the East wdth Supt. Nicholson had no authority to act for the tribe in any 
capacity whatever. This message was sent to President Wilson February 23, 1913. 

We petition that Supt. Nicholson be instructed by the Interior Department to call 
a council of the Menominee Indians at an earlier date, and that when the council is 
in session and at all our councils that may be held hereafter Supt. Nicholson be 
further instructed to keep his hands off and not try to coerce, influence, or control 
the actions of our councils. We want our councils to be free from interference from 
outside influences. We don't want Supt. Nicholson to dictate what our tribe shall 
do at our councils. 

We hereby authorize Thomas Prickett to go to Washington, D. C, to deliver this 
our petition' before the Secretary of the Interior. 

Mitchell Oshkenaniew. 



Copies of Complaints Made by Menominee Indians Against the Superintend- 
ent OF Keshena Indian School, Neopit, Wis.; Hearings op the Menominee 
Delegation Before the Commissioner of Indian Affairs in February and 
March of 1912, and of Other Papers Relating to the Administration op 
Affairs on the Menominee Indian Reservation by Mr. A. S. Nicholson, 
Superintendent. 

[Taken from Indian Office file No. 105524-1911-056.] 

Department op the Interior, 
United States Indian Service, 

Menominee Indian Mills, 
Neopit, Wis., February 23, 1912. 
Commissioner of Indian Affairs, 

Washington, D. C. 

Sir: I am inclosing you herewith copies of certain letters handed me by Reginald 
Oshkosh, just prior to the departure of the delegation for Wasliington, as the matter 
contained therein is likely to come before you under some form. In his memorial 
he makes certain claims and charges to which he might properly be brought to an 
accounting. It might be pointed out to him the fact that the Neopit operations were 
established as a school of industry for the Indians and at the same time be a business 
enterprise prodvcmg profit for the tribe. In this connection, somewhat over 200 
Indians are employed continuously the year around, learning the value of steady- 
employment, and there are numbers of them serving apprenticeships for places higher 
up after they display the inclination to make good in them. (I inclose a list of employ- 
ees showing the example.) 

It could be pointed out to them that agitations such as this is not of value, but a real 
hindrance to this operation, as it makes dissatisfied men who are being taught the value 
of continuous labor, and this agitation should be quelled even if some strenuous action 
should have to be taken. The agitation of these men should be stopped. It is only 
an effort to have themselves placed in some places where they will receive high wages 
and have no work to perform, as they are not fit in any manner to be of real value to 
the operation. The record of Oshkosh, Prickett, and Oshkananiew, is a very safe 
guide to follow as to their ability, honesty, and integrity in looking after tribal matters, 
when intrusted to them. The tribe had a business committee here some time ago, 
to look after its affairs, wliich had to be abolished on complaint of the tribe itself. 
Some of these delegates here were members of it. 

Oshkosh was removed from its chairmanship by the tribe itself for not tending to 
business and his inclination to drink. He later had the position here as employment 
agent which was discontinued because he did nothing and because of his liking for 
liquor He is charged bv the tribe in the past with putting the tribe on record as 
favoring the granting of the right of way to the Wisconsin & Northern Railway when 
as a matter of fact they were opposed to it. Oshkenaniew 's conduct m acting as secre- 

35601— PT 8—14 5 



778 MENOMINEE INDIAN RESERVATION. 

tary of the business committee in the past was such as to cause condemnation of the 
tribe and their passing a resohition barring him from representing them in an official 
capacity. Prickett's conduct on the reservation was such as to cause the tribe to pass 
a resolution recommending his removal from the reservation and he is, in fact, now on 
the reservation only on his good behavior. These three men, with two or three others, 
have always been a source of trouble to the Menominees and always will be, unless 
sharply brought to a halt. They are high priests in fomenting trouble, seeking always 
their own ends, and preaching to the tribe their great interest in ite welfare. If it had 
not been for the period of rest and peace the Menominees have enjoyed the two years 
past, making them forget past troubles, and the nonpayment of annuity, these men 
eould never have stirred the tribe up to sending them to Washington. They seized 
the opportunity, enlaj-ged upon it, and were thus sent. 
Very respectfully, 

A. S. Nicholson, Su])rrintcndent. 



Neopit, Wis., February 21, 1912. 
Supt. A. S. Nicholson, 

Neopit, Wis. 
Sir: Your letter dated January 27, 1912, directs me to file with you all charges 
to be made by Indians against the white men mismanaging the various departments 
of the milling operation at Neopit, Wis., that are under your charge, that yoii might 
be enabled to prepare same properly and put it up to the Indian Department. 

In reply I will say there has been no charges of the kind placed in my hands by 
any member of the tribe up to date, nor I, as a representative of the tribe, have been 
instructed by the tribe officially to do such. 

If such is the case later, I shall be very glad to furnish you a copy of same. 
Yours, tnily, 

Reginald Oshkosh. 

Neopit, Wis., February 21, 1912. 
Supt. A. S. Nicholson, 

Neopit, Wis. 
Sir: While I am at Washington, D. C, I will be pleased if you will send me your 
answer in regard to this application in care of S. M. Brosius, agent of Indian Rights 
Association, McGill Building, 908 G Street NW., Washington, D. C, or at the Indian 
Office. I will call for it there sometime after our arrival there. 
Very truly, 

Reginald Oshkosh. 

Hon. A. S. Nicholson, 

Neopit, Wi^. 

Dear Sir: I beg to submit herewith a memorial from the members of the Menominee 
Tribe of Indians. The Red Man is at the threshold of civilization. He is ready to 
assume the responsibilities that accompany his entry into the new life. If the future 
is to hold any of the good things of life in store for him, he should be fitted for those 
positions of trust and confidence and of responsibility which are inseparably con- 
nected with the future welfare and prosperity of the people. 

I believe that the time has come when the Indian, and particularly the Menominee 
Indians, should be entrusted with the management of their own affairs, under the 
supervision and with the cooperation of a general superintendent only. With this 
object in view the accompanying memorial is respectfully presented to you for your 
careful consideration. It is our earnest hope that the fact that it emanates from the 
Red Man, whom the Government has for many generations been preparing for civiliza- 
tion, will not result in its being denied that careful consideration which would be 
given to a like request coming from any other owner of property who desired to be 
entrusted with the management thereof. 
Very respectfully, yours, 

Reginald Oshkosh. 



MENOMINEE IXDIAX RESERVATION. 779 

Hon. A. S. Nicholson, 

Neopit, Wis. 
Dear Sir: We, the undersigned members of the Menomniee Tribe of Indians, 
respectfully petition you to appoint, or to use your influence to secure the aj^point- 
ment of, Reginald Oshkosh as manager of our logging and lumbering operations at 
Neopit, Wis., under your supervision, until such time as you deem him sufficiently 
qualified to take over the entii'e management. 

Chief Neopit (his x mark) Oshkosh, James Martin, Judge John (his x mark) 
Perote, Andrew Kiaepoway, Paul Baxter, sr., Louis La Motte, Joe 
(his X mark) Depiew, Geo. McCall, Wyskesit (his x mark), Simon 
Beauprey, Jim (his x mark) Konote, Charles Wychesit, Louis Osh- 
kenauiew, John Grignon, Charles Wescott, Silas Neconish, Simon (his 
X mark) Payawaukee, Peter F. Tebeau, Reuben Oshkosh, Frank 
Waupoose, Thos. LaBell, William Tebeau, George D. Pecore, Mose 
Tucker. 

MEMORIAL. 

Hon. A. S. Nicholson 

Neopit, Wis. 

Sir: For a century the march of civilization has been greeted and welcomed by 
the Menominee Indians. Although the Government has apparently professed to be 
solicitous concerning the welfare of the Indians and to cultivate habits of industry 
and a disposition of assuming responsibilities, nevertheless it is only recently that 
the Government has shown any real disposition to lend any substantial aid to the 
Indians, who desire to adapt themselves to take part in the affairs of the business and 
industrial world. 

For many years the Menominee Indians have had among its members men educated 
at Haskell, Carlisle, and other leading schools of the country. These men have been 
fully competent to manage the affairs of the tribe. They have successfully conducted 
logging operations, and demonstrated their business ability in many lines. Notwith- 
standing this the Government has apparently not seen fit to intrust them in positions 
connected with the management of their own tribal affairs. All desirable positions 
have been intrusted to white men, either for the purpose of paying some political debt, 
or otherwise. 

The idea which prompted the construction of a mill at Neopit was to provide posi- 
tions of trust and responsibility for the Indians, and to train them in the business walks 
of life. The Indians were all considered competent to undertake such work under 
the general managing supervision of an agent. The land and timber is the property 
of the Indians, and they ought to be intrusted with the management thereof, as fast 
as the capabilities permit. 

This would certainly be a far more practical way of educating and civilizing the 
Indians, than to keep them in menial positions. 

The officials sent here by the Government to conduct our affairs have not made a 
financial success thereof. Unnecessary positions have been created and unnecessary 
expense entailed. 

The red man, who has been looked upon as an inferior, has nevertheless been able 
to point out the lack of business ability displayed by the Government officials and 
the great waste of timber and money that was being committed under the manage- 
ment of these Government officials. The fact that such waste was being committed 
and that such incompetency existed among the officials high in office on the reserva- 
tion has been clearly demonstrated by past investigations. If the Indians were able 
to point out these things which it is apparent escaped the notice of the Government 
officials in charge, is it not reasonable to suppose that the Indians are more compe- 
tent to manage their affairs than the officials sent here to assume charge thereof? 

The recent change effected in the management has not seemed to better the situa- 
tion. The Indians have been compelled to appeal to the Government time and 
again for a better business administration of their affairs. 

We asked that all political favoritism be eliminated from the appointment of these 
officials and that honesty and business ability be the one determining factor in the 
selection of the superintendent of our affairs. When you came to the reservation we 
believed that you were such a man as we had asked for. You apparently have 
endeavored to fulfill the expectations of the Indians. You must, however, be mind- 
ful of the fact that the plant at Neopit was built for the benefit of the Indians and 
with a view of intrusting them with positions of responsibility, and to eventually 
turn over the management of the entire plant to them. We are as anxious to become 
independent and self-supporting and terminate our relations as wards of the Govern- 
ment as the Government is to have us to do. 



780 MENOMINEE INDIAN EESEKVATION. 

The reservation is now surrounded with civilization, the occupation of war and of 
hunting is merely a matter of history with us, and the ways of the white man have 
become our ways. Whatever further advancement may be attained in the way of busi- 
ness successes, elevation in our social relations or otherwise, we are anxious to seize. 
We do not believe that you came to the reservation with the expectation of remain- 
ing here indefinitely. We believe that you have the welfare of the Indians sufB- 
ciently at heart so that you are willing to step aside whenever the interests of the 
Indians seem to demand such action, and to turn the reins of the business manage- 
ment at Neopit over to them. 

You once suggested that your valuable services might be unexpectedly demanded 
elsewhere, and that whenever the time came that you must leave that you wanted to 
be able to leave a competent Indian at the head of every department of the reserva- 
tion. This is the thing for which the Indians have been preparing; this has been 
their dream for years. The Indians are fully prepared to assume these responsibilities 
at this time. They have demonstrated their ability by promptly pointing out any 
mismanagement in their affairs and by substantiating their charges when they were 
investigated. Their investigations have extended from the most minor matters on 
the reservation to those involving investment of over $1,000,000. Surely no greater 
proof of their ability should be required. 

Among those heretofore entrusted with the management of the most responsible 
positions of our reservation have been men who have possessed absolutely no quali- 
fications for the positions they held. 

E. A. Braniff was fresh from Yale College. He Avas highly educated for business, 
but did not possess the practical experience required to successfully conduct an 
institution such as ours. 

A. ]\I. Riley had some experience in logging operations but none in manufacturing, 
and lacking education, was not qualified for the position to which he was intrusted. 

It is a fact that the men intrusted with the management of our affairs have been 
sadly lacking in some of the qualities that were absolutely es.sential to the make-up 
of any man who could succeed in the position. 

You came here from the great city of New York, having had more or le.ss business 
experience. You have, however, never claimed that you have had any experience 
in lumbering or to have had knowledge of the woods or the manufacture of forest 
products. 

I believe that having been born and reared as a child of the woods, having wit- 
nessed logging operations from the time of my childhood, having been educated in 
one of the leading Indian schools of the country, and having been more or less inti- 
mately associated with the present manufacturing plant at Neopit, that I am com- 
petent and qualified to succeed you as manager of the plant at Neopit. I should 
prefer to occupy such position under your supervision as general superintendent of 
the reservation until such time as you deem it advisable to intrust me with the com- 
plete management thereof. 

I feel that this position, as well as all other positions of responsibility on the reser- 
vation, should be turned over to the Indians. The Indians should be trusted with 
the management of these positions under your supervision at as early a date as pos- 
sible. They should be given salaries commensurate with the responsibilities intrusted 
to them. If they are to be trusted with these positions they should be appointed 
thereto and trained in the particular lines which they are to fill. If these positions 
are not to be turned over to the Indians but are to continue as spoils of office for polit- 
ical parties the sooner the Indians are advised of the fact the sooner they will be 
able to find other lines of occupation or to take such action in the matter as may be 
deemed advisable. I shall be glad to have you write me in the premises stating 
whether or not you will favor my appointment at the position of manager. 

Reginald Oshkosh. 



Department of the Interior, 
United States Indian Service, 

Menominee Indian Mills, 
Neopit, Wis., February 23, 1912. 
Reginald Oshkosh, 

Care of Commissioner of Indian Affairs, 

Washington, D. C. 
Sir: Replying to your letter and memorial handed me in Shawano prior to your 
departure to Washington, I have read the same, and in reply would say that it is one 
more properly to be presented to the Commissioner of Indian Affairs than to me, and 



MENOMINEE INDIAN RESERVATION. 781 

I am accordingly transmitting him a copy lor Ida information. I would .suggest that 
in taking the matters up with him that you should be prepared to answer definitely 
the grave charges you make that all desirable positions have been filled by white men 
for the purpose of paying political debts, etc. 

You must know that I have no authority to create the place you ask or to take the 
action you desire. 
Respectfully, 

A. S. Nicholson, Superintendent. 



Hearing, Menominee Indian Delegation, Before Commissioner of Indian 
Affairs, February 26, 1912. 

Present: George McCall, Tom Prickett, Weiskesit, Mitchell Oshkenaniew, inter- 
preter, Mose Tucker, Mr. Hannon, Congressman Morse, Mr. Ludington. 

The Commissioner. Now, I would like to hear from whoever wants to speak, but 
I would like to hear the big things first. I would simply ask this, that at this first 
meeting, those who speak will put out the big things — things that are of first impor- 
tance — so that we can get a general idea of what you wish to present, and then we can 
have another meeting, and go into more detail if we want to. 

Mitchell Oshkenaniew. This is the first thing I have. It is put in regular order 
as No. 1. There are 11 things we were sent here by our people to take up, and the 
first thing I should like to present is in the matter of their annuities. Heretofore 
they have been getting about $30 per capita every six months. Wlien they com- 
menced to pay tiieir annuities at first they had been paying at the rate of |30 per 
capita every six months. Later on we began to miss one payment, then again after- 
wards another payment, and so on — that is, we didn't get semiannual jiayments 
right along like we did at first, and now here, at the last annuity i)aynu>nt, we got 
only $5.34 per capita— the principal from which we draw the interest having been 
reduced by logging operations, and this winter the Indians found it hard to support 
themselves on account of the failure of crops for the last two summers; and before the 
payment was made these Indians had been in the habit of getting their sup}>lics from 
the stores in the surrounding country where we live, and that the storekee])ers, be- 
cause they thought the Indians would get $30 per capita, advanced them credit, and 
when the payment was made they got only $5 per capita. Then the traders, who had 
already advanced a lot of money, and had to have it in order to pay their bills, and 
they refused to trust the Indians any longer, and the crops having been a failure, this 
made it pretty hard. They do not see how they are going to live, most of them; that 
you have soiiie money, so'we are told, to our credit in the United States Treasury. 
The interest, the 5 per cent interest, had been used to the amount of $122,000 to carry 
on the logging operations at Neopit, and it was our intention to request our agent to 
request the Commissioner of Indian Affairs to have this fund placed back so that we 
could get it, and that we could then draw our annuities from that for the benefit of 
our people; but we feel that we have not been handled right, and we want to take up 
this matter. Now, here is the first resolution that was put on here. No. 1: "That the 
old funds deposited years ago to the credit of the tribe be paid to the Indians per 
capita," that is the old, what we call the old, Menominee Log Fund. It was deposited 
to the credit of the tribe in the Treasury. It was derived from the sale of our land, I 
believe. I don't know just how they did get it. It is placed in such a way that we 
can't use it. 

Mr. Hannon. What do you mean— that you can't use it? Do you get interest on 
it — that is, you can't use the principal? 

Mitchell Oshkenaniew. I have been told that we can't use the principal; second, 
that efforts be made to save and take care of the timber on various parts of the reserva- 
tion, which at present can not be handled and taken care of by the Menominee Indian 
Mills (Neopit project). Now, this refers to the timber we have that the Neopit opera- 
tions can not reach in the various places away from the railroad in the northeastern 
part of the reservation. 

The Commissioner. Is that in the Oconto district? 

Mitchell C^shkenaniew. It was burned something like a year or a year and a half 
ago, and it is still standing there. Now, here is a resolution, the third resolution, that 
was adopted, but it is not complete, and I should like to ask what I should do in order 
to put it before you. 

The Commissioner. Have you a copy back there of the original? You can put it 
in as you remember, and then you can write out for another copy of the original. You 
can put in what you recollect of it for our record. 



782 MENOMINEE INDIAN EESERVATION. 

Mitchell OsHKENANiEW. I will put it in as I understood and as I remember it 
was offered in the council. 

The Commissioner. That would be a good idea for this record. 

Mitchell Oshkenaniew. Now, when this resolution was offered he says the 
Menominee Indians be given a voice in the operations here at Neopit in logging and 
manufacturing operations. He says they are buying lots of machinery and such stuff 
and vairous other things without consulting us. and it seems to us they are buying 
more tilings than is actually necessary. Third, that the Menominee Indians be given 
a voice in tribal affairs, including the purchase of property, etc.; fourth, the 
descendants of the half-breeds, who received their tribal shares in 1849, should be 
disallowed enrollment with the tribe and should not share fiu-ther in tribal benefits; 
fifth, that the delegation protest against the passage of the traders' claim bill; that 
all claims be paid tlu-ough the Court of Claims, as heretofore, and not by the Secretary 
of the Interior Department. 

Congressman Morse. What bill is that? 

The Commissioner. There is a bill up to settle old claims for all logging operations 
up there. t 

Mitchell Oshkenaniew. Sixth, that annuity payments of sufficiently large 
amount 1 e paid to the members of the trilie at least twice each year; Seventh, that an 
early decision in favor of returning the interest money used by the Menominee Indian 
Mills to the tribal funds for deposit at interest be urged; Eighth, the attention of the 
council was called to the fact that an amount of money sufficient to send three addi- 
tional delegates of the tribe to Washington had l^een collected, and it was moved and 
seconded that the same be elected. The following members were nominated and 
elected: Wesikesit, Mose Tucker, George McCall. Weiskesit, Mose Tucker, and 
George McCall were elected to act as the three additional delegates to Washington to 
represent the interests of the tril^e, their expenses to 1 e paid from the fund collected 
from and by the tribe; Ninth, it was moved that while in Washington the delegates 
should request to have an attorney appointed by the Department for the tribe, for 
the purpose of looking after tribal matters, such as questions of swamp lands, etc.; 
Tenth, that the Indians be allowed to look after the interests of the tribe in the matter 
of labor, etc., on the reservation; Eleventh, that the license of HoUis N. Jewell and 
L. Edgar St. Louis, of Antigo, Wis., trader selling sewing machines, pianos, etc.. be 
revoked, as his business is not necessary to the welfare of the tribe. 

The Commissioner. May I have that copy? I would like to put that in the record. 

(Mitchell Oshkenaniew hands copy of resolutions to Commissioner.) 

Congressman Morse. Have they been paid out of the interest of this money? HaAe 
they Veen using that in the operations down there or the principal? 

The Commissioner. They have been using the jjrincipal. They mav have been 
using some of the interest too. I shall have to look tliat up. 

Congressman Morse. Are they charging some of that to stumpage? 

The Commissioner. Well, I think they are using a stumpage account. It is rather 
a new account. It is an account as a part of their cost-keeping records rather than what 
we might call money account, but I would like to have that looked up. I suggested 
that in addition to carrying a capital-account fund and an operating account, that to 
put it on areal business basis we should carry two new accounts — a stumpage account 
and a sinking-fund account. 

Congressman Morse. Is there profit enough so that they can be paid, if it is deemed 
wise, some annuity payments? 

The Commissioner. Well, they could 1 e paid annuity payments, of course, from 
their other funds if Congress permitted it. 

Mr. Hannon. You say they are making some profit. Part of this you charge ae 
interest on the payment of the amount that is invested, and then there is a certain 
amount of a sinking fund to meet the payment of what has been taken out of the 
Menominee log fund? 

The Commissioner. That was my idea, but just how far that has actually been 
done I should have to look up. 

Congressman Morse. Of course, that is a businesslike way; but what these men 
want to know is whether this fund is earning interest on the capital invested in the 
old logging fund; that it would be fair to these Indians to put in their interest fund 
the amount paid by the payment as interest upon that investment. 

The Commissioner. Yes; that would be in line with the plan I had in mind at 
the start. 

Congressman Morse. I have got another engagement, so I will have to go. I am 
very much in sympathy with the object to be accomplished by this trip here. I 
realize the abject poverty of a great many people on the reservation, particularly 
the old people who are not able to work, and I feel that something has got to be done. 



MENOMINEE INDIAN RESEKVA'nON. 783 

I hope you will do what you can if you have funds available. I realize that you are 
tied lip, like everyone else, but if you can not do anything for them I want them to 
come to me, and 1 will do my best to get something through Congress for them. I 
am absolutely certain that their condition is getting desperate. It has been a long, 
cold winter. 

The Commissioner. And a very dry summer back of that. 

Congressman Morse. Now, Mr. Commissioner, I hope that you will be able to take 
care of this matter in some way. The other matters are not quite as urgent, while 
being just as important. 

(Here the commissioner arranged to have the delegation call on him again after 
the matters had been taken up by the office.) 

Mr. Hannox. Mr. Prickett, you told me something yesterday that 1 think we 
we should take up this morning, about that car of lumber you said you had the data 
on. One car of lumber sent to the market. It seems that there was some complaint 
up there as to the grading of lumber and that in some instances they claimed that 
lumber of a higher grade than that contracted to go into a particular car has been 
placed in the car. I don't know whether that is true, or anything else, but they have 
got the number of the car, and if anything of that kind which they claim has been 
done, and it seems to me that if there is any way — if you had any man who could 
trace that car it would be worth while to do it. 

Mitchell Oshkenamew. 1 don't think it was through Mr. Nicholson. 

The Commissioner. Well, the thing to do is this. li' we could send an expert to 
catch the car, then whoever it was we could find cut. Have you got the number of 
the car? 

Mitchell Oshkenaniew. It is in my other vest. 

Mr. Hannon. It seems to me that something should be done right away. 

The Commissioner. Who was this shipment made to? 

Mitchell Oshkenaniew. The Red River Lumber Co., at Chicago. 

The CJommissioner. When did that car leave there? 

(Mitchell Oshkenaniew, who went to the hotel to get data, jeiums.) 

Mitchell Oshkenaniew. It left there the day before we left — on Tuesday, the 
20th day of P'ebruary. Chicago & North Western car No. 57904. 

Mr. Hannon. Tom Pritchett called my attention to this yesterday. I don't know 
whether it is right or wrong, but it is this: That in the disposition of supplies to Indians 
who are employed as contractors on the reservation, the commissary adds 20 per cent 
to the cost of the goods, and they have complained about this. Now, I don't know 
just what backing there is for their complaint. They claim that is a di.'^crimination 
against those Indians who are thus employed in .some way. 

The Commissioner. We will look that up. 

Febkuarv 28, 1912. 

MENOMINEE DELEGA'llON - 

1. That the old funds deposited years ago to thf- credit id the tribe be paid to the 
Indians, per capita. 

Mitchell Oshkenaniew. In this case we refer to the Menominee old fund, which was 
derived from the sale of land ceded years ago by the Menominees. The money, which 
amounted to $15.3,000, was placed to the credit of the Menominees in the Treasury, 
and we can not use the principal. We do not know what use has been made of the 
principal. Inasmuch as we are going to have the whole fund which was derived from 
the sale of lumber, the Menominees ask the Government to have some legislation 
prepared that the money may be made available and be distributed to them per capita. 

Mr. Francis. We will answer that question by letter 

2. That efforts be made to save and take care of timber on various parts of the 
reservation, which at the present time can not be handled and taken care of by the 
Menominee Indian mills (Neopit project). 

Mitchell Oshkenaniew. This has reference to the timber which was burned a 
year ago last June — about two years ago — the burned-over timber. 

Thomas Prickett. The timber is in the northeast corner of the reservation. The 
mill stands in the southwest corner of the reservation. There are creek." and rivers 
there, and there is a mill on the 'east side of the reservation on a creek. 

Mr. Chittenden. What is the capacity of the mill? 

Mitchell Oshkenaniew. Twenty-five thousand feet a day 

Mr. (Chittenden. How much burned timber is there? 

Thomas Prickett. Three million feet of burned timber— what we call Evergreen 
timber. The little mill is not running now. 



784 MENOMINEE INDIAN RESERVATION. 

Mr. Francis. Ats 1 imderBtaud if. yon want this little Indian mill to be iised l)y the 
Indians for cutting this timber? 

Thomas Prickett. Yes, sir. 

MosE Tucker. There are two ways that we can save it. One is by having the 
timber sold to the highest bidder, and the second way is to have the timber driven 
down to the mill, and have it sawed into logs by Indian labor. 

Mr. Francis. Yon have no partirnlar feeling which way it is done so long as the 
timber is saved? 

A. Yes, sir. 

Mr. Francis. Your main idea is to save the timber? 

A. Yes, sir; it is depreciating in value. 

Mr. Francis. From your knowledge of the conditions, you believe the most im- 
portant part of your timber to be attended to Ls that part at the northeast mills? 

A. Yes, sir; in order to save it. 

3. That the Menominee Indians be given a voice in tribal affairs, including the 
purchase of property, etc. 

Mitchell Oshkenaniew. That question is not complete. I will put it in as I 
understood it and as I remember it was offered in the council. 

The Commissioner (Mr. Francis reading). That would be a good idea for this 
record. 

Mitchell O.shkenaniew. Our people want a voice in the logging operations and 
in the manufacturing operations, including the purchase of property and machinery. 

Mr. Francls. Will you explain, if you can, just liow much voice you want. 

Mitchell O.shkenaniew. The principal things we want are these: Now, in the 
lumber camps they put iu white foremen, and we want more Indian foremen. So 
long as they are spending money that belongs to us we think we ought to have Indian 
foremen and Indians employed in the logging work. McCall here is an Indian fore- 
man, and he is one of the best foremen we have, and the fact that he is such a good 
foreman goes to show that we have other Indians who would make good foremen. 
We think Indians should be employed wherever they are capable and willing to do 
the work. Then another thing: We want to have a voice in the purchases that are 
made with our money. Whenever an engine or other machinery is purchased, we 
want to have something to say about it. Indians who are able to work in the logging 
camps should be employed as well as white men, and they should be employed as 
foremen and to do other work around the camps. 

Mr. Francis. Does not the fact that we have appointed an Indian foreman [point- 
ing to McCall] show that wherever we have found capable Indiani^we have appointed 
them? 

Mitchell Oshkenaniev/. I do not tiiink that is th^ disposition of the manager we 
have down there. 

Mr. Francis. Do you think there is a disposition on the part of the manager to 
discriminate against Indians when they are actually capable of doing the work? 

Mitchell Oshkenaniew, Yea, sir; we look upon it in that light. That is what 
they are doing down there now. 

Mr. Francis. Now, you would like to be consulted regarding the purchase of 
machinery, etc.? 

Mitchell Oshkenaniew. That is one of the things we want. Whenever Supt. 
Nicholson makes purchases of locomotives and other big machinery for the mills, 
we would like to have a voice in that. I think that as long as they are using the 
Indians' money to make these big purchases the Indians could have a voice in the 
purchase. Another thing: It would help to educate the Indians and help them 
along to have a voice in matters of this kind. Very often machinery has been pur- 
chased that has not proven successful, that has been in the nature of an experiment. 
It has cost a great deal of money and the Indians have lost by that. There has been 
one locomotive purchased and we were not consulted about it at all. The articles 
belong to us and our people have to pay for them and they have a right to know 
about their purchase. That is one way in which the Indians can become educated. 
We ought to be given a voice in our business matters. The Indians should be con- 
sulted whenever any machinery is purchased. A committee of the Indians could 
be called upon to help pass upon the purchase of machinery whenever it is needed. 

Mr. Francis. I understand you to mean that if the policy suggested by you should 
be adopted, whenever Supt. Nicholson wished to purchase a locomotive or a wheel 
or a piece of machinery he would have to go to the council or representative Indians 
for permission to purchase them? 

Mose Tucker. We do not care for these small tilings. We are only speaking about 
the big purchases made with money that belongs to the Indians. 



MENOMINEE INDIAN EESERVATION. 785 

Mr. Francis. Do you think a bihsiiiess can be successful where it has too many 
heads? I am not arguing against youi- proposition. 

Mitchell Oshkenaniew. We tliink it wouhl be advisable to have the matter of 
big purchases passed upon by a tribal representative. 

Mr. Francis. One man to represent tlie tril)e, elected by the tribe? You would be 
satisfied with some arrangement of tliat kind? 

Mitchell Oshkenaniew. Yes, sir; some such arrangement. 

MosE Tucker. A committee of three to pass upon purchiises. 

Mr. Francis. I understand you to say that you believe there should be a committee 
of three or five members of the tribe to act as a check on purchases? 

Mitchell Oshkenaniew. Yes, sir. Another tiling, we would like to have a voice 
in the matter of employing white people. As it is now there are many white men 
employed there who are killing much time and not earning their money. When 
Indians are employed they have to work for their money, and work hard, and I think 
the white men should be compelled to work hard also. The Indians should be em- 
ployed when they can do the work. It is not right that white men should be standing 
around idle and Indians not given employment when they are capable. 

Thomas Prickett. Mr. Adams, superintendent of the mills, suggested to Supt. 
Nicholson the purchase of a burner which would do away with the use of so many 
teams; but that was not so, for instead of reducing the number of teams needed we had 
to use one more team than we had before, and the burner was not of much use for that 
purpose. 

Mr. Francis. Is it not a fact that the burner by taking care of the refuse removed 
the danger of fire. 

Thomas Prickett. The slabs were carted away to fill up a swamp, and there is no 
refuse. There is no trash left around in various places where fire might occur. Another 
tiling, a new locomotive has been bought, together with 25 cars, and I do not think 
they need them at all. 

Mr. Francis (addressing Mr. Chittenden). Has a locomotive been bought, Mr. 
Cliittenden? 

Mr. Chittenden. A locomotive has been authorized, but I do not think it has been 
purchased. I do not know anything about the cars. I do not think Mr. Nicholson 
would purchase a car unless Mr. Woodcock approved of it. 

Mitchell Oshkenaniew. We have a grf at deal of work to be done at tlie Neopit 
office and we thought that our people would be employed there, Init instead of our 
people getting employment it is given to white people, and because we are {xwr In- 
dians we are not getting as much benefit in the wav of employment as v/e should from 
the money which belongs to us and is being spent there. 

Mr. Francis. They are employing white labor instead of Indian? 

Mitchell Oshkenaniew. They are employing white labor when they sJiould give 
employment to more Indians. They are employing white men who nev( r saw any 
timber in their lives. It is a big expense to us. 

Mr. Chittenden. There were a great number of Indians employed last year. 

Mose Tucker. It is through Mr. Woodcock that the Menominoes do not get more 
work there. He will m it even give them meals or a ride on the railroad. For instance, 
a new man came there from the East looking for a job. He did not know anything 
about the work. They put him in the mill yards on piling. He was there but a short 
time and as he could not do the work he was given some other kind of work to do. He 
was placed on clearing work in the mill yards. He was there about eight or ten days. 
Hecould nottell hemlock from pine. Hewasthen put back on pile driving. H ^worked 
at pile driving for about seven days. He was sent from there to the office, where he 
read the papers and stood around and did nothing, and finally he went to pile driving 
again. Then lie broke a pile driver because he had had no experienc?. Then he was 
given a clerkship at the office. Now he is getting a salary l)eyond what he is earning. 
Now that is one thing we think is not right. 

Mr. Francis. What is the name of that man? 

A. Amsberry. He is what we call a green man. He has had no lumber experience 
and is not educated as well as we are in lumber operations. He was not brought 
up in the lumber districts. 

Mr. Mitchell. McCall is a foreman and is one of our best men. He is a lumberman 
and an honest man. There are others who ought to be given that kind of work. As 
long as they are spending money that belongs to us, Indians who are capable of doing 
good work should be given work. We ought to be given a chance and in that way we 
could be educated and advance in the world, but we have to give way to men from 
New York, although they have had no experience along the line of work at Neopit. 
The Indians can not rise to higher positions. 

Mr. Francis. Are all of your men in the mills? 



786 MENOMIISrEE INDIA^^ RESERVATION. 

A. All. 

Mr. McC'all. I am foreman at the mill. 

Mr. Prickett. I have been a timekeeper, but I am not doing much at that now. I 
am doing a little insurance work. 

MosE Tucker. I am a contractor. 

Mr. Prickett. When I was timekeeper I kept the time of the men and when I 
found a man idle and sleeping on his job I docked him. 

Mr. Francis. Did you dock the Indians as well as the white men? 

Mr. Prickett. Yes; I docked them the same as the white men who were not work- 
ing. Some of the Indians are working on the engines and doing other jobs around the 
mill yards. 

Mitchell Oshkenaniew. Some of the white men who are employed at the mills 
are not working as they should. They loaf around and idle away much time and the 
Indians have to pay for it, and for that reason I say the Menominee Indians ought to 
be given a voice in the lumber operations at the mill and ought to be given employ- 
ment wherever they can work. Every Menominee Indian who can work should be 
given employment and should be given a chance. We have Indian boys who can do 
the work in the lumber yards and they should be given work in preference to whites. 

Mr. Francis. How many men have you working under you [addressing McCall]? 

A. One hundred. 

Mr. Francis. How many of them are Indians? 

A. Thirty Indians. 

Mr. Francis. Then you have 70 white men and 30 Indians employed? 

A. Yes. 

Mr. Francis. Do you have the power to discharge? 

A. Yes, sir; I make the wages and I do the discharging. 

Mr. Francis. Have you the power to appoint? 

A. Yes, sir. 

Mr. Francis. How is it you do not employ more Indians? 

A. I have 25 or 30 employed and whenever I need another I appoint an Indian if 
he can do the work, but the Indians are not always able to do the work. They can 
only do certain kinds of work, and they like to do the work they are capable of doing. 
Wlien I have a full crew I do not take on any more men, but when my crew is not full 
I appoint Indians when they can do tlie work. 

Mr. Francis. Is that true of all the foremen? 
, A. I do not know about what the other foremen always do. Some Indian boys 
are employed around the lumber yards. 

Mr. Francis. Then it is true that some Indians can do the work as well as white 
men? 

A. Yes, .sir; in some cases, but the Indians like to chose the work they can do best. 
They can use the hook. 

Mr. Francis. Some of the Indians can use the hook? 

A. Yes, sir; they are good hook men and can earn good wages. 

Mr. Francis. What wages are paid the hook men? 

A. The hook men get from $35 to $40 a month. 

Mr. Francis. How many are employed as hook men? 

A. A good many: over one-third of the crew. 

Mr. Francis. When you do not have a full crew, could you get rid of white men 
and take on more Indians? 

A. I guess I could. If they are not doing their work right I fire them and get others 
in their places. 

Mr. Francis. Then you have the power to fire employees who are not doing good 
work? 

A. Yes. sir; that is what I do. 

Mr. Francis. Why don't you employ more Indians on your own account? 

A. Ihireall I can get nearby where ihey live. They like to work near their homes. 

Mr. Francis. You will hire all the Indians you can get? 

A. Yes, sir. 

Mr. Francis. Indians have the right of way .so far as employment is concerned at 
Neopit? 

A. I employ Indians whenever I can, but it is different with the white men. 
Sometimes the foreman has a white man acquaintance who wants a job, and the 
white man persuades him to appoint him instead of an Indian. That is the way 
some of the white men are appointed, and it often happens that they have had no 
experience in the milling operations, but get their jobs through friendship with the 
foreman . 



MENOMINEE INDIAN RESERVATION. 787 

Mr. Fkanxis. You ought to have more Indians on your crew tliau ?,0. You ought 
to have all Indians. 

A. I get them when 1 can. I can not help them all. .\l'lcr my crew i? full I do 
not need any more. 

Mitchell Oshkenaniew. He has 30 Indians and he would like to get others if 
he could, but all Indians can not do all kinds of work; some of them are able to do 
only certain kinds of work, aiid they are given llie kiiul of work they are best able to 
do. Pie would like to have all Indians do the work. 

4. That the descendants of the half-breeds who received their tribal shares in 1849 
should be disallowed enrollment with the tribe and should not share further in tribal 
benefits. 

Mitchell Oshkenaniew. That has been settled. 

5. That the delegation protest against the passage of the traders' claim bill; that all 
claims be paid through the Secretary of the Interior Department. 

Mr. Francis. Please explain that. 

Mitchell Oshkenaniew. As we understand it, the traders who have claims against 
us had a bill passed by Congress which has been referred to the Court of Claims. These 
claims are now pending, and they are now losing ground, as I understand it. The 
suit should be for tribal liabilities and they are going to get it brought against indi- 
viduals. We protest against the claims being made against individuals. 

6. That annuity payments of sufficiently large amount be paid to the members of 
the tribe, at least twice each year. 

Mitchell Oshkenaniew. Now, we want semiannual annuity payments because we 
want to go into the farming and stock raising business and we can not do much in that 
line now because we can not buy much. If we get larger payments we would be 
able to purchase more stock and buy more agricultural implements and get started in 
agriculture. We want to get something to start with. That is what we are asking 
for. We also want a financial statement. 

7. That an early decision in favor of returning the interest money used by the 
Menominee mills to the tribal funds for deposit at interest be urged. 

Mitchell Oshkenaniew. To carry on operations at Neopit they took $122,000 
from the interest on our five per cent fund. WTien they came to pay us they only 
gave us $15.24 per capita and we asked $30 per capita. We want this interest money 
refunded to us because we are in need of it. 



Washington, D. ("., March 4. 1912. 
The honorable Commissioner of Indian Affairs, 

Washington, D. C. 

Sir; We, the undersigned members of the Menominee delegation now in \\'ashing- 
ton representing the wishes of our tribe, desire to call to your attention the following 
defects in the management of the affairs of said tribe: 

WTien the mill at Neopit shuts down the head sawyers are kept at work on rey)airs 
for the purpose of holding them over, and are paid big wages until the mill commences 
to run again. 

More than the necessary number of men are employed in the manufacturing opera- 
tions at Neopit and they are not worked nearly as hard as similar laborer? in private 
lumber mills. 

We have about 35,000,000 feet of lumber piled up in the lumber vard and we have 
room for about 10,000,000 or 15,000,000 more, but the management" is now building a 
new mill yard across the river in which to pile up the lumber which is being cut this 
winter. There is no necessity of going into this expense. The lumber now piled up in 
the yard should be sold and converted into cash, even at a loss, because much of it has 
been lying there from two to three years and is rapidly spoiling. If it was sold and 
taken away it would make room for the new-cut lumber and" save the necessity of 
building a new yard. 

There is in this yard a considerable amount of miscut lumber and when a buyer 
comes he is quick to see this defect and the sale of all our lumber is injured. The 
mill runs day and night and the day and night shift each try to see which can saw 
the most lumber. The result of this contest between the head sawyers of the day 
and night shifts is that much of our lumber is butchered and miscut. Therefore, 
from this time on, it seems to us, it would be advisable to have the superintendent 
instructed that if any more lumber is miscut at the Neopit mill the amount of such mis- 
cut shall be ascertained and damage charged up against the head sawyer responsible 
for the miscut. In this way we think the wasting of our timber in the future can be 
prevented. 



788 MENOMINEE INDIAN EESERVATION. 

In regard to the conduct of business in tlie lumber yard at the Menominee Indian 
mills at Neopit, we desire to point out certain matters which we would like to have 
looked into and if, after investigation, what we say is found to be true, we would like 
that something be done to remedy the evil. 

Mr. B.C. Nelson is the yard superintendent. It is our impression that he employs 
more men than is necessary. These men when at work are not looked after by the 
foremen, consequently they kill much time, but they draw full day's wages. 

Mr. Charlie Woodcock has been our superintendent of logging for nearly two years, 
and during this time, judging by the way he has managed the logging operations he, 
in our judgment, has proved himself to be incompetent. 

For the purpose of hauling logs from the woods to the mills at Neopit, Mr. Wood- 
cock builds logging railroads. In a certain instance, after one branch road was cut, 
graded, and the ties and the rails were laid, but before the railroad was used he (Wood- 
cock) abandoned the same and caused the rails to be taken off and taken to another 
road which ran parallel to the one from which he took the rails. The expense of 
building this railroad was money thrown away. 

In loading logs on the cars in the woods, gasoline jammers are used. Owing to the 
carelessness on the part of the foremen who are in charge of these logging operations, 
one gasoline jammer, which cost us |2,500, was last summer tipped over and damaged 
beyond repair. 

A year ago Mr. Woodcock let a clearing contract to certain men to cut the timber 
on the right of way on the logging railroad which leads to Evergreen on the reservation. 
This timber was not cut into logs and hauled to the mill as it should have been. The 
timber lying immediately along the track was cut up into such lengths as to be easily 
hauled and was thrown on either side of the track in and on the right of the way. 
This timber has been lying there since that time and is worth a considerable sum of 
money. It is, however, now greatly depreciated in value. We attribute this loss to 
the bad management of the superintendent, Charlie Woodcock. 

There is on the reservation a considerable quantity of burnt timber. Some of this 
timber was burnt two years ago and part of it a year ago last summer. If Mr. Wood- 
cock knew his business he ought to have cut the burnt timber first so as to save it. 
Instead he has cut green standing timber, while this burnt timber has been going to 
waste. 

We further desire to state that the hauling of the logs by rail from Evergreen to the 
mills at Neopit was last summer badly managed by Charles Woodcock, as we shall 
endeaA^or to show herein. The Menominee Indian logging train generally left Neopit 
for Evergreen at about 4.30 a. m. When the train arrived at the logging camps at 
Evergreen the cars were already loaded and the train immediately starts on its return. 
When it arrives at Neopit it has to stop at a distance to wait for the Wisconsin Northern 
train to get through svitching there and get out of the way. For this reason the 
Menominee logging train has to wait each morning about an liour and a half before it 
can get into the mill yard to unload. This is the ifirst trip in the morning. The train 
on its second trip generally left Neopit for the woods at about 10 o'clock and returned 
in the afternoon at about 1..30, and at this time the Wisconsin Northern train arrives 
at Neopit from Shawano, Wis. The logging train is again obliged to wait at the junc- 
tion about an hour and a half. 

After the Wisconsin Northern train leaves Neopit for Van Ostrand and has gone 
past the junction, the logging train leaves the junction, which is about 4 miles from 
the mills. This is the second trip. The logging train can not leave Neopit for Ever- 
green in the afternoon on its third trip until after the Wisconsin Northern train has 
gone by on its return trip from Van Ostrand by way of Neopit to Shawano. The log- 
ging train generally left Neopit on its third trip after 4 p. m. and arrives at the camps at 
Evergreen with empty cars at from 5.30 to 6.30 in the afternoon, and sometimes later. 

We had from 50 to 70 men in the camps at work loading logs on the cars. Because 
the cars came too late in the afternoon the men were obliged to work late at night, 
loading for the next day early train, so these men got in a lot of overtime, which was 
a big expense to the Menominee tribe. This big expense could have been avoided 
by having the train on its first trip leave the camps in the woods early in the morning, 
so that it would have arrived at the mill at Neopit before the Wisconsin Northern train 
came in from Shawano. 

The delay in the afternoon could also have been avoided in the same way by having 
the logging train arrive at Neopit before the Wisconsin Northern train came in . Expe- 
rienced trainmen who know what they are talking about all say this, but Woodcock 
would not see it, and the result was that he made a large unnecessary expense to our 
tribe. 

A year ago this winter Charles Woodcock caused to be built a dock for unloading 
logs into the pond. The railroad track was then laid along the dock. The bed of 



MENOMINEE INDIAN RESERVATION. 789 

the track was made by throwing slabs on the ice and then sand on top. To do this 
it cost the tribe a considerable sum of money. In the spring, when the ice melted, 
the railroad track caved in and had to be rebuilt at a large expense. 

During the past three summers about a million feet of logs and cedar poles in the 
pond at our mill were condemned by the management. This timber was then sluiced 
through the dam and floated downstream by an Indian. Last summer and the 
summer before tliis Indian sold these logs to a man who put up a mill some distance 
down the river, outside the reservation. This man had these logs sawed into lumber, 
which he sold for $9 per thousand feet delivered at the track. 

Last summer with plenty of refuse timber on hand over a million feet of good mer- 
chantable logs were used to fill in a bog hole. Then hog feed and dirt were thrown 
over them to make a place for a lumber yard. 

Menominee Indians are not now given employment in the Government barn at 
Neopit and only outsiders are given such employment. Mr. Bennett, the boss at 
this barn, and overseer of stock, gets we are informed $1,500 a year, and two other 
men who work there, one a white man and the other a Stockb ridge Indian, each get 
about $2 or $2.25 per day. 

We have an architect at Neopit whose name is Bowling. This man came from New 
York a year ago last fall. He has charge of the construction of buildings. His salary is 
$1,200 a year. When this man makes plans for the houses he goes to Mr. Weisenbone 
to assist him. Mr. Weisenbone, who is employed at Neopit, is a practical carpenter, 
having learned his trade, he informed us, in Germany. It would be well, we insist, 
to have Mr. Bowling's position abolished. Mr. Weisenbone could just as well do all 
that work without Mr. Bowling, and by abolishing said position we could save $100 
per month. 

We ha-\-e another man who is now employed at Neopit about whom we wish to make 
particular mention. His name is Hanbury. He came from New York about the 
first part of January. When he cam.e to Neopit he got a job to tally in the lumber yard . 
We are told that he could not do this work. He was then put to oversee a crew con- 
sisting of about 12 or 15 men who were clearing land for a new lumber yard . Men who 
worked in this crew say that this man (Hanbury) would go to the place where the men 
were working and stand around there for a few minutes, then he would leave there and 
.sit down in some shop and smoke his pipe. Some afternoons it is reported he did not 
go at all to the place where the men were working. He was finally given a position 
running a pile driver. Not knowing how to run this, he broke it. He blew out all the 
packing in the pile-driver engine. Other men who knew something of pile drivers 
fixed it for him. Then he went to work and in eight days it is reported he drove only 
seven piles, which is considered very slow work by those who are accustomed to the 
business. 

^\^lile Hanburjr was trjdng to fix the broken pile driver, the boys who were working 
under him, knowing that he was a greenhorn, in a joke told him that he had to have 
the crosshaul in order to remove the pile driver. They told him to go to the ware- 
house after it. He went to the warehouse and inquired for the crosshaul. Irom 
there he was sent to the blacksmith shop, and from there to another place in search 
of the crosshaul. Finally some one took pity on him by telling him what a crosshaul 
was and that it was only a joke on him. Our object in mentioniiig this fact is for 
the purpose of illustrating how men like this one hom the East, \\ho are gieenhorns 
and incompetent, are appointed to important positions to teach the Menominees 
industrial pursuits at Neopit. Such men as this one we speak of are not the kind 
of men who should be appointed for positions there because they are of no use there. 
They come only to draw fat salaries in positions for which they are not competent. 

The law says that skilled men shall be employed for the varioiis positions in the 
operations at Neopit, but this is not being done. It is now the practice that when a 
superintendent is appointed to take charge of the Menominees Reservation he brings 
with him his relatives or friends and gives them high-salaried positions. Mr. Riley, 
who was our superintendent before Mr. Nicholson, did this. And when Mr. Nichol- 
son came from New York he brought with him Mr. Bennett, his father-in-law, whom 
he appointed as barn boss and overseer of live stock at a salary of $1,500 a year. Then 
came Hanbury, who was given a job in the office at Neopit after he had" failed to do 
other kinds of work, as stated herein. This we believe is because Hanbury is a rela- 
tive of Nicholson, as Hanbury himself told one of our boys that he was a relative 
of Supt. Nicholson. Then there is Bowling, from New York; he also must be some 
friend or relative of Nicholson. 

• The management is planning to open up a big farm to grow farm produce of all 
kinds to be used in the logging operations. We are not in favor of this plan, because 
we know that it is going to be very expensive, and the management, we understand, 
is going into it on a large scale at our expense. We do not farm much now, because 



790 MENOMINEE INDIAN RESERVATION. 

we have nut the means, but as soon as we get our moneys which we are asking for 
now we intend to go to farming and raise live stock, etc. As it is now, we have a mar- 
ket for farm prodticts at Neojjit, and this will continue as long as we do not have a 
big Government farm to compete with us. But after a big farm is opened up there 
and the management raises all the produce needed in the himber camps in the woods, 
it will cut off our market, and it does not seem to us that tliis should be done. We 
have had in the past two Government farms opened up on our reservation at a con- 
siderable expense to the tribe, btit both have proven failures. We, therefore, do 
not desire to go into the expense of again trying this costly experiment. What we 
do most earnestly desire is that strict economy be practiced in every department in 
the operations at Neopit, to the end that our finances be again placed upon a sure 
foundation. 

It is the desire of the tribe that the Menominees be given jobs or contracts to cut 
the timber and deliver the same to the railroad tracks or streams at so much per thou- 
sand feet. As it is now, the management does the logging. Horses have been bought 
which are used in logging, and when the logging is done each winter these horses 
have to be fed through the summer without any work for them to do. As a result 
they eat up a considerable portion of the profits. If the Menominees were permitted 
to log, we would not need as many horses as we now have at Neopit, and the cost of 
keeping them coidd be eliminated. 

We respectfully request that a careful and complete investigation be made con- 
cerning conditions of our affairs to wliich we here refer, and if our statements are 
found to be true we desire that the Menominees shall be given a voice in all the oper- 
ations at Neopit, and to this end we ask that a directorate or a committee consisting 
of members of the tribe be chosen by our council for the purpose of constdting -with 
and advising superintendent and other persons in charge of our business matter. 
Yours, respectfully, 

MosE Tucker. 

Geo. McCall. 

Weiskesit. 



March 5, 1912. 

memorandum for MR. FRANCIS REGARDING POINTS BROUGHT UP BY THE MENOMINEE 
INDIAN DELEGATION. 

With regard to question 2, that efforts be made to save and take care of timber on 
various parts of the reservation, which at the present time can not be handled and 
taken care of by the Menominee Indian mills, the matter of operating the small mill 
now on the east side of the reservation to take care of the burned timber on the north- 
east corner of the reser^'ation will be taken up through Mr. Hamilton and Supt. 
Nicholson. If possible this mill will be started, and in this way the Indians will be 
given an opportunity for work on the reservation. 

With regard to question 3, that the Menominee Indians be given voice in tribal 
affairs, includmg the purchase of property, etc., the matter ought to be taken up with 
the commis-sioner. It is believed this might be a good thing, provided a committee 
of suitable Indians of not over three at the most, be appointed to take up large pur- 
chases with the superintendent. A committee like the old business committee is 
not thought advisable. The whole matter woiUd depend upon the personnel of such 
a committee. It is easily conceivable that they would greatly hamper the work. 
The division of control would not be advisable in such a large business proposition 
as this, unless the board of control were all fully qualified for such responsibility. 
An investigation of Mr. Woodcock, superintendent of logging, and the entire question 
of employment of Indian labor at the mills and in the woods, will be taken up at 
once through Mr. Hamilton, lumberman. Last year an average for each quarter of 
261 Indians were employed on the operation, being over 49 per cent of the male 
members of the tribe over 18 years of age. They earned a total of $67,596.02. Prob- 
ably the difficulty in the Indians obtaining labor at the camps is that when the work 
is first started in the fall they do not apply for positions. It is necessary to complete 
the crews at the beginning of the work, and, if Indians do not apply for positions, 
white men must be obtained. Once the camps are under way the white men can not 
be discharged in order to make room for an Indian who applies for work after the work 
has been under way for some weeks or months. The Indians are on the reservation 
and must know about when the woods work will start up, and should, therefore, be 
able to apply for work before a white man, who must come, for the most part, from a 
distance. 



MENOMINEE INDIAN RESERVATION. 791 

With regard to question 5, that the delegation protest against the passage of the 
traders' claim bill; that all claims be paid through the Court of Claims, as heretofore, 
and not by the Secretary of the Interior, the matter of settlement of these claims is 
still pending in the Court of Claims. 

With regard to the matter they brought up at the hearing before the commissioner, 
on pages 9 and 10 of the minutes oi that hearing, regarding the grade of lumber which 
was shipped in car No. 57904, consigned to the Red River Lumber Co., of Chicago, on 
February 20, 1912, the matter was fully investigated by the office. At the request of 
the office the Forest Service instructed Mr. H. S. Sackett, of that service, which is in 
no way connected ^\'ith the Indian Servdce, to obtain a regrading of the car upon its 
arrival in ( hicago. Mr. Sackett found that the car had already reached there and 
had been sold unopened to the South Side Lumber Co. He states that he went out 
to the plant of the South Side Lumber Co. and found that some of the material had 
been unloaded direct from the car to a wagon and had been sold to a contractor in the 
vicinity for sheathing. Most of the material, however, was stacked in the yard. He 
made a' personal investigation of all this material and found it to be 1 by 4 inch stock, 
S4S and from 10 to 18 feet long, all No. 3 white pine. He obtained an affidavit from 
Mr. Frank Miller, tallyman of the South Side Lumber Co., Chicago, showing the 
grade and amount of white pine contained in this car. This affida\at shows the 
lumber to be No. 3 white pine, as stated above. There is attached a copy of Mr, 
Sackett's letters of February 28 and March 1, 1912, together with a copy of the affi- 
davit of Mr. Frank Miller. 

B. S. QuiLLix, Forester. 



March 7, 1912. 
memorandum for menominee delegation. 

The office is of the opinion that the Menominee Indians do not at this time need the 
services of a tribal attorney. There are now pending before Congress two bills — H. R. 
19414 and S. 5151 — the purpose of which is to authorize any Indian tribe or baud to 
present their claims against the United States to the Court of Claims for adjudication. 
Should either of these bills be enacted into law, the Indians should then take up with 
the office the question of engaging a tribal attorney. 

In connection with the claims of traders against the ^lenominee tribe, it appears 
that under the provisions of May 29, 1908 (35 Stat. L., 444, 445) certain claims against 
the Menominee tribe of Indians have been presented to the Court of Claims for adjudi- 
cation for alleged balances due on account of supplies furnished individual Indians. 
The last information the office has on the subject is contained in a letter from the 
Department of Justice dated February 23. 1911, in which it was said that demurrers 
were filed in all the traders' cases against the Menomiuee Indians, but the briefs were 
filed and arguments made in the case of F. F. Green, No. 30179. in which a judgment 
of the Court of Claims was rendered on January 16, 1911, sustaining the demurrer as 
to the liability of the tribe but overruling the same as to the liability of indi\idual 
Indians. The Department of Justice said that it understood that the attorneys for 
the claimants were considering the advisability of taking an appeal to the Supreme 
Court, in which case it was the intention of that department to file a cross appeal 
contesting the liability of the individual members of the tribe. The office will ask 
the department to make inquiry of the Deparrment of Justice as to the present status 
of this case. 



Hearing, Menominee Indian Delegation, Before Chief of the Land Division, 
Office of Indian Affairs, March 9, 1912. 

Present: John Francis, jr., Chief of Land Di\'i8ion, Indian Office; Mr. Chittenden, 
forester; Mitchell Dshkenaniew, Reginald Oshkosh, Mose Tucker, Weiskeeit. Tom 
Prickett, George McCall. 

Mr. Francis. What we want to know is the truth about the reservation; anything 
you may care to say about the Menominee operations. ^^Tlo wants to talk first? 

Mitchell. Oshkenaniew. Well, that is the way we look at it. The act of 1908. 
the logging act, was for the purpose of making money for us and more money than we 
have been making under the act of 1890. Another was to educate the Indians in the 
various lines of business in connection with logging operations. Now instead of gi"ving 
UB the employment that we wanted, some of our boys are denied employment and that 



792 MENOMINEE INDIAN EESEEVATION. 

is what we do not like. For instance, white foremen will give employment to all 
their friends, to the people whom they know, and when our boys ask employment, 
they are turned down as a general rule. We have watched it. Now, the Indians do 
not like it. In their logging camps, they say that if they want employment, they 
should first find how many Indians want work, how many want work who are willing 
and able; then after they get all the Indians employed who need work, they could get 
white people to hll the other positions. Now, in that way, we would not feel bad as we 
do in this way. Another thing, we want skilled men to run these camps and in all 
positions skilled men who understand the business and then we want the Indians 
enr-ouraged by being advanced; for instance, if an Indian gets a job and does the work 
well, he should be encouraged to work hard so that he could go higher, and he could be 
encouraged by being promoted, so that he could see that there was a chance to go 
higher up. But we aren't getting that. Instead of teaching the Indians in the lum- 
ber business, they give preference to whites. Now let me illustrate this, what I mean. 
Now, we have been living on that reservation from our childhood up to this time. 
^\'hen the mill was run at Neopit I went there. I became the timekeeper. That was 
two years ago. I keep the time now. Now, there was a man that came from New 
York, a Mr. "Hanberry. He is some relative or friend of Mr. Nicholson. He came from 
New York the latter part of January, or rather, I mean the first part of January. WTien 
he came there he was given employment and the amount of pay he got for a month 
was $75, but I am not sure. I may be mistaken about the amount of his wages. They 
made him tallyman, and the sujaerintendent told me this himself — "he could not 
do it," so they transferred him to a position where he was a kind of overseer and should 
be with the men from morning till night, clearing land. The men said he would come 
there at 9, stay there for a few minutes, go back across the river to smoke and talk with 
the men, and some afternoons he would not go at all. Now, when he got through there, 
they sent him to work running the pile driver. Now, this man didn't understand pile 
driving. The boys for the fun of the thing told him one day they needed a cross haul 
to do the work. He actually believed what they told him. ' Made inquiry for it. Now 
when he made this inquiry they sent him to the blacksmith shop. From there they 
sent him elsewhere, until he was finally told the facts, as to what it was. 

Now, this is why I make this illustration. This man coming from New York is 
given preference. He is sent ahead of us and we do not understand this. We have 
been living there right along and trying to get up higher. The white people are given 
preference in the work and the Indian is pushed to the bottom. That is what we are 
complaining about. 

Another thing. Mr. Nelson is a yard superintendent at the mill. I don't know 
when he commenced, but he was there when I came there. There were men grading 
lumber there and certain men to ship the lumber. Now, this man put in his own 
son and his two sons are now doing the work. 

Mr. Francis. What are the names of those people? 

Mitchell Oshkenaniew. Reuben Nelson and the other one is Nabert Nelson. 
Now, he puts those men to do that work. Of course they get a little higher pay. 
And he keeps them there and the Indians could not get 'that job. Now, he gives 
preference to his own people. People who are not familiar with the work and who 
are given preference. 

Now, the idea I am trying to convey is this, that the object of this act was to edu- 
cate the Indians to get positions and then to be encouraged to go right up. Now, this 
isn't educating the Indians as we understand it. White people are taking the benefit 
of the education which we Indians are entitled to get. If we Indians were helped to 
these positions and then given preference to encourage us so that we could make 
some headway and get better positions, we would be very proud, but we are being 
held back and white people are given the preference, as in the case of this Nelson's 
sons. Before they struck Neopit they had positions as driving mules and the like. 
But when they got there they took this man and others and gave them the best posi- 
tions. This is the idea I am trying to impress upon you. It is true in other depart- 
ments in the himber camps as we may hear of. Now, that is as much as I can say. 

Reginald Oshkosh. I will add a little more to his complaint. Here recently I 
made a request to the superintendent at Keshena for a position. That there be 
appointed apprentices to each department as to logging superintendent, assistant 
logging superintendent. That is my suggestion and I went to work and drew up a 
m3morial and filed it with the superintendent. The idea and the purpose of con- 
structing tMs mill at Neopit in the first place— the idea first came from the Indian— 
that we build a mill and that we go in on a small scale, as we did in the year 1890 — 
June 13, 1890— that we cut our o\vn timber with our own boys and train them, give 
ther industrial education and teach them to be economical, and by so doing, we 
accumulated our fund from the proceeds of our timber, which we handled to almost 



MENOMINEE INDIAN RESERVATION. 793 

$2,000,000. Now, then, we thought that if these buyers of our timber could make 
lumber at the mouth of llie Wolf River, to which our timber is floated, could make 
money by manufacturing it, why we could manufacture our timber and accumulate 
more money and take their profit, and we could make profit on it. So we secure 
legislation, and knoAving that there are some nice positions there, too nice for the 
Indian to have, we intended to create positions for them; but positions have been 
created and that by white men and the Indian is denied the position as we first in- 
tended our people "to have. Our idea in perfecting the mill up there was to go on a 
small scale, not extensively; to experiment more than to go into manufacturing, so if 
we could make money, then we could go into it a little heavier. l->ut the minute the 
politicians saw we could pay good salaries — "Why, Mr. Indian, tliat is too nice for 
you," and steps in and creates a lot of these fancy positions at a high salary-. I will 
give one illustration. Mr. Linnen, who is an inspector of the Interior Department, 
I think, came up there. Professed to be the Indians' friend. He did some criti- 
cising of the affairs of the service. He goes to work and suggests that a sales agent be 
appointed, and he recommends a man by such-and-such a name — now, it escapes 
my mind (meaning the name of the man). I can show you that man. Later on, we 
found that it was the son-in-law of Mr. Linnen. 

Mr. Francis. Of whom? 

Reginald Oshkosh. Of Mr. Linnen. He creates also the position of superintend- 
ent of live stock and puts a political friend, Roubideaux (spelling doubtful). Another 
expensive position created was at $6,000 a year as officer for suppressing the liquor 
traffic. Now, this is wrong. To use the money the Indians have accumulated for 
18 or 20 years wliich was intended to be used for the Indians' industrial education — 
that is what we complain about. From that time up to this, administration after 
administration has changed and they all have given us the same song. We would 
rather hear a new song. Give the Indian the privilege of managing his own affairs. 
Throw the responsibility onto the Indian. We have come to the threshold of civili- 
zation. If we are ever going to be like you we might as well get into the harness 
now as later. If we are ever going to get into the business of running our affairs, 
with your privilege of showing about anything, now is the time. 'We do not ask 
anything from the Government. There has never been any gratuities shown by it as 
far back as I can remember. Why should we be denied these tilings we ask for? 
Now, I have gone too far. I will give you a copy of my application. I do not care 
for the position, but just to test tliis office, their "idea, their opinion, whether or not 
there is anything for the Indian in this generation, and if there is, we would like to 
know, and tliis [indicating paper] is the answer I got, and I would like to have the 
commissioner answer that, also. 

Mr. Francis. Will you file this? 

A. Yes; you can file it. 

Mr. Francis. You have got a copy? 

A. Yes. (Reads:) 

For a centi'ry the march of ci^^lization has been greeted and welcomed by the 
Menominee Indians. Although the Government has apparentlv professed to be 
solicitous concerning the welfare of the Indians and to cultivate habits of industry 
and a disposition of assuming responsibilities, nevertlieless, it is only recently that 
the Government has shown any real disposition to lend any substantial aid to the 
Indians, who desire to adapt themselves to take part in the affairs of the business and 
industrial world. 

For many years the Menominee Indians have had among its members men educated 
at Haskell, Carlisle, and other leading schools in the country. These men have been 
fully competent to manage the affairs of the tribe. They have successfully conducted 
logging operations, and demonstrated their business ability in many lines. Notwith- 
standing this the Government has apparently not seen fit to entrust them in positions 
connected with the management of their own tribal affairs. All desirable positions 
have been entrusted to white men, either for the purpose of paj-ing some political 
debt or otherwise. Now, that is a serious question. You may think that we, any of 
us, hold high positions. There is no one of us that holds a high position. What was 
first intended was to give the Indian an industrial education, but thev are denied, and 
if they are robbing us of positions they are robbing us of the education of the tribe. 
_ The idea which prompted the construction of a'mill at Neopit was to pro\'ide posi- 
tions of trust and responsibility for the Indians and to train them in the business 
walks of life. The Indians were all considered competent to undertake such work 
under the general managing supervision of an agent. The land and timber is the 
property of the Indians, and they ought to be entrusted with the management thereof, 
as fast as their capabilities permit. 

35601— PT 8—14 6 



794 MENOMINEE INDIAN RESERVATION. 

This would certainly be a far n.ore practical way of educating and civilizing the 
Indians, than to keep them in menial positions. 

The officials sent here by the Government, to conduct our affairs, have not made a 
financial success thereof. Unnecessary positions have been created and unnecessary 
expense entailed. 

The red man, who has been looked upon as an inferior, has nevertheless, been able 
to point out the lack of business ability displayed by the Government officials, and 
the great waste of timber and money that was being committed under the management 
of these Government officials. The fact that such waste was being committed, and 
that such incompetency existed among the officials high in office on the reservation, 
has been clearly demonstrated by past investigations." If the Indians were able to 
point out these things which it is apparent escaped the notice of the Government 
■officials in charge, is it not reasonable to suppose that the Indians are more competent 
to manage their affairs, than the officials sent here to assume charge thereof? 

The recent change effected in the management has not seemed to better the situa- 
tion. The Indians have been compelled to appeal to the Government time and 
again for a better business administration of their affairs. 

We asked thai all political favoritism be eliminated from the appointment of these 
officials, and that honesty and business ability be the one determining factor in the 
selection of the superintendent of our affairs. When you came to the reservation we 
believed that you were such a man as we asked for. You apparently have endeavored 
to fulfill the expectations of the Indians. You must, however, be mindful of the fact, 
that the plant at Neopit was built for the benefit of the Indians, and with the view 
of entrusting them with positions of responsibility, and to eventually turn over the 
management of the entire plant to them. We are as anxious to become independent 
and self-supporting and terminate our relations as wards of the Government, as the 
Government is to have us to do so. 

The reservation is now surrounded with civilization. The occupation of war and of 
hunting is merely a matter of history with us. and the ways of the white man have 
become our ways. Whatever further advancement may be attained in the way of 
business successes, elevation in our social relations, or otherwise, we are anxious to 
seize. We do not believe that you came to the reservation with the expectation of 
remaining here indefinitely. We believe that you have the welfare of the Indians 
sufficiently at heart so that you are willing to step aside whenever the interests of 
the Indians seem to demand such action, and to turn the reins of the business manage- 
m:ent at Neopit over to them. 

You once suggested that your valuable services might be unexpectedly demanded 
elsewhere and that whenever the time came that you must leave that you wanted to 
be able to leave a competent Indian at the head of every department of the reser- 
vation. This is the thing for which the Indians have been preparing; this has been 
their dream for years. The Indians are fully prepared to assume these responsibilities 
at this time. They have demonstrated their ability by promptly pointing out any 
mismanagement in their affairs and by substantiating their charges when they were 
investigated. Their investigations have extended from the most minor matters on 
the reservation to those involving the investment of over |1, 000,000. Surely no 
greater proof of their ability should be required. 

Among those heretofore entrusted with the management of the most responsible 

Eositions of our reservation have been men who have possessed absolutely no quali- 
cations for the positions they held. 

E. A. Braniff was fresh from Yale College. He was highly educated for business 
but did not possess the practical experience required to successfully conduct an 
institution such as ours. 

Now, he was a good man, was Mr. Braniff, but he was cut out for only one thing, 
and he should have stayed in his place. Mr. Braniff was in Yale College and he prac- 
ticed to play football — was a good football player, and I should think he would keep 
on playing football. That is all he is cut out for. 

A. M. Riley had some experience in logging operations but none in manufactur- 
ing and, lacking education, was not qualified for the position to which he was entrusted. 

You came here from the great city of New York, having had more or less business 
•experience. You have, however, never claimed you have had any experience in 
lumbering or to have had knowledge of the woods or the manufacture of forest products, 

I believe that, having been born and reared as a child of the woods; having wit- 
nessed logging operations from the time of my childhood; having been educated in 
■ane of the leading Indian schools of the country; and having been more or less inti- 
mately associated with the present manufacturing plant at Neopit, that I am com- 
petent and qualified to succeed you as manager of the plant at Neopit. I should 
prefer to occupy such position under your supervision as general superintendent of 



MENOMINEE INDIAN RESERVATION. 795 

the reservation until such time as you deem it advisable to entrust me with the com- 
plete management thereof. 

I feel that this position, as well as all other positions of responsibility on the reser- 
vation, should be turned over to the Indians. The Indians should be trusted with 
the management of these positions under your supervision a1 as early a dale as possible. 
They should be given salaries commensurate with the rc.^iKinsihililics intrusted to 
them. If they are to be trusted with these positions, they slinuld \>c ai>iiniiitcd thereto 
and trained in the particular lines which they are to fill. If IIk sr iio-^iiidiis are not 
to be turned over to the Indians, but are to continue as spoils of itllicc inr political 
parties, the sooner the Indians are ad\ased of this fact the sooner the}' w ill be able 
to find other lines of occupation or to take such action in the matter as may be deemed 
advisable. I shall be glad to have you write me in the premises, stating whether or 
not you will favor my appointment to the position of manager. 

The plant at Neopit will never pay — it will empty the money from the United States 
Treasury — as long as you have incompetent men sent there to squander it away. 
Not until experienced men are put at the head of every department, not until then, 
will we be able to accumulate funds. The best cuts of timber have already been made. 
The pine was cut and commanded a high price, nothing but the pine, and it showed 
in this office as though we were making money, but we are not. This, no doubt, has 
led the office to believe that the mill is paying, but what is going to be the next cut? 
When we make that, taken into consideration with all this extravagance, will that 
pay? Each year takes a little more from the Treasury, the fund is diminishing fast, 
and if this is to continue we want — we have been authorized to request the Indian 
Office — to discontinue the mill if we can't make that mill pay. This is why we 
ask this investigation. 



Washington, D. C, March 13, 1912. 
To the honorable Commissioner op Indian Affairs, 

Washington, D. C. 

Sir: We, the Menominee delegation, representing the Menominee Indians, beg to 
say further, that it is the desire of our people that when the next annuity payment is 
made no less than $40 per capita be paid to them. We ask for more annuities at this 
payment to enable our people to pay their store bills for clothing and the necessaries 
of life purchased by them during the winter, and that after paying these they may 
still have enough money left for them to buy provisions and other things they need 
while working on their farms during the summer months. 

If this is done it will encourage the Indians to farm. These Indians are willing to 
work, and all they need is capital, or the means to work with." 

Last summer and the summer before, crops failed, and the Menominees did not 
raise much produce on their farms. This occasioned hardship among them in the 
wintertime. 

Those of the Indians whose crops failed them and who could not get employment 
at Neopit obtained credit in the stores of nearby towns. They bought clothing and 
provisions there for themselves and their families. The storekeepers knowing that 
each Menominee Indian generally received $30 every six months, extended credit 
to those Indians who asked for credit, to the amount of $30 each, on the strength of 
their annuities. But when the last annuity payment was made last month, the 
Menominees received only $5.24 per capita. Most of the Menominees were already 
in debt to the amount of $'30, and when they received only $5.24 per capita they could 
not pay all their debts. Most of the storekeepers then shut down on them and the 
Menominees could not buy any more on credit. 

The residt of this is that the Menominees are now in a destitute condition and we have 
come here to ask relief for them. 

We therefore ask that more annuities be paid to oiu* people for the reasons as stated 
above. 

We further request that when the annuity payment is made that Supt. A. S. Nichol- 
son be instructed not to withhold, or attempt to withhold, the share of any annuitant 
of his or her share of the annuities unless such person has voluntarily signed away 
his or her share of the annuities by special agreement or contract. 

We further request that Supt. A. S. Nicholson and Charles Woodcock, superintendent 
of logging, both be suspended from office while the investigation we have asked for is 
being held at Neopit, Wis. We do this because we believe if they are not suspended, 
and they have full power and authority while the investigation is being held, they 
would be in a position to place us at a disadvantage. 



796 MENOMINEE INDIAN EESERVATION. 

Further, we desire to say that if the charges preferred against the management of 
the operations at Neopit, Wis., are substantiated by the evidence to be submitted at 
the investigation, we ask that Supt. A. S. Nicholson and Charles Woodcock, superin- 
tendent of logging, w^ho are responsible for the destitute condition of our people and 
the management of our affairs, be both removed from the Menominee Indian Reserva- 
tion. 

Moses Tucker. 
Reginald Oshkosh. 
Geo. McGall. 
Weiskesit (his X mark). 
Thomas Prickett. 
^ Mitchell Oshkenaniew. 

Delegates. 



March 13, 1912. 
Mr. A. S. Nicholson, 

Superintendent Keshena Indian School, Neopit, Wis. 
Sir: The Menominee Indian delegation, which has been in Washington, states 
that Simon Beaupre reported a trespass by a man named King over a year ago on 
the Menominee Indian Reservation; that it was reported that King had cut 15 
trees on the reservation; that the matter was duly brought to your attention, but 
that no steps have yet been taken to obtain a settlement therefor. 
Please advise the office fully regarding this matter. 
Respectfully, 

F. H. Abbott, 
Assistant Commissioner. 



March 13, 1912. 
Mr. A. S. Nicholson, 

Superintendent Keshena Indian School, Neopit, Wis. 
Sir: The Menominee Indian delegation which has been in Washington states that 
the Menominee Indian mills are charging 20 per cent on goods sold by the warehouse, 
which they claim is unreasonably high. They submitted two transfer property slips 
on which is printed at the bottom "plus blank per cent to cover expenses." The 
blank is filled in with 20. It was noted that by adding this 20 per cent to the items 
mentioned on the slips it made the selling price of the articles approximately the same 
as retail prices would probably be at Shawano. 

Please explain to the office in detail what this 20 per cent charge covers. 
Respectfully, 

F. H. Abbott, 
Assistant Commissioner. 



March 14, 1912. 
Mr. A. S. Nicholson, 

Superintendent Keshena Indian School, Neopit, Wis. 
Sir: The Menominee Indian delegation which has been in Washington states there 
is a large quantity of burned timber on the northeast corner of the reservation which 
can not be taken care of by the mill at Neopit. They also state that there is a small 
mill, with a capacity of about 25,000 feet, now located on the east side of the reser- 
vation, which could take care of this burned timber. WTiether this mUl would need 
to be moved or not was not made clear at the conference. 

The office believes that if this mill could be started up it would afford employment 
to a number of Indians, and thus relieve their condition. Please take the necessary 
steps to dispose of this burned timber, if possible. 
Respectfully, 

F. H. Abbott, 
Assistant Commissioner. 



MENOMINEE INDIAN RESERVATION. 797 

March 16, 1912. 
Mr. E. M. Hamilton, 

Lumberman, Indian Service, Neopit, Wis. 

Sir: A delegation of Menominee Indians has been in Washington recently talking 
over matters connected with the operation of the Menominee Indian mills. 

There is inclosed herewith a copy of a letter dated March 4, 1912, signed by members 
of the delegation, complaining about the conduct of the operations and making specific 
complaint against Mr. Charles Woodcock, superintendent of logging, and also touching 
upon the work of Mr. Bennett, superintendent of live stock, Mr. Dowling, superintend- 
ent of construction, and Mr. Hanburg. The delegation also object to the starting of a 
farm in connection with this operation. Will you please investigate all the matters 
covered by this letter and report fully with your recommendations to the office. You 
will please take up the matter with the members of the delegation upon their return 
to Neopit. 

The delegation stated that there is a large amount of burned or dying timber on the 
northeast corner of the reservation, which timber can not be taken care of by the 
Neopit mill, and that there is a small mill now on the east side of the reservation which 
could take care of the same, either at its present site or by moving it, which point 
they did not make clear at the conference. If this mill could be operated to cut this 
timber, the office believes it would give employment to a number of Indians and in 
this way relieve their condition. Please take this matter up with Mr. Nicholson and 
take whatever steps are necessary to properly take care of this burned timber. 

The delegation also claimed that Indians are not given employment at the camps, 
saying that the white men are given preference in employment, and that it is impos- 
sible for them to obtain work. They claim that Mr. Wcodcock is responsible for this 
condition. As you know, the Menominee Indian mills are being operated for the 
educational benefit of the tribe as well as for financial profit, and the Indians should 
be given every opportunity to obtain employment. 
Respectfully, 

C. F. Hauke, 
Second Assistant Commissioner. 



March 16, 1912. 
Menominee Tribal Delegates, 

Washington, D. C. 
My Friends; The office has carefully considered the various questions regarding 
tribal matters submitted by you under date of February 26 and 28 and March 4, 9, 
and 13, 1912, respectively, and the following answers are made thereto: 

1. Employment (if trib;il attorney. 

The ollico is of the dpinidii that the Menominee Indians do not at this time need 
the services of a tribal at I' am 'V. There are now pending before Congress two bills — ■ 
H. R. 19414 and S. 5151 — the purpose of which is to authorize any Indian tribes or 
bands to present their claims against the United States to the Court of Claims for adju- 
dication. Should either of these bills be enacted into law, the Indians shoiUd take 
up with the office the question of engaging a tribal attorney. 

2. Traders' claims. 

In connection with the claims of traders against the Menominee Tribe, it appears 
that under the provisions of the act of May 29, 1908 (35 Stat. L., 444, 445), certain 
claims against the tribe have been presented to the Court of Claims for adjudication for 
alleged balances due on account of supplies furnished individual Indians. The last 
information the office had on this subject was contained in a letter from the Department 
of Justice, dated February 23, 1911, in which it was said that demurrers were filed in 
all the traders' cases against the Menominee Indians, but the briefs were filed and argu- 
ments made in the case of F. F. Green, No. 30179, in which a judgment of the Court 
of Claims was rendered on January 16, 1911, sustaining the demurrer as to the liability 
of the tribe, but overruling the same as to the liability of individual Indians. The 
Department of Justice said also that it understood that the attorneys for the claim- 
ants were considering the advisability of taking an appeal to the Supreme Court, 
in which case it was the intention of that department to file a cross appeal contesting 
the liability of the individual members of the tribe. 

The office will ask the department to make inquiry of the Department of Justice 
as to the present status of this case; and you will be advised through the superintendent 
in regard thereto. 

3. Removal of Waukow family. 



798 MENOMINEE INDIAN RESERVATION. 

With regard to the petition dated February 23, 1912, from a large number of Me- 
nominee Indians that the members of the said family be removed from the reservation 
for the reason that they are a disturbing element among the residents of the village of 
Neopit, Wis., you are advised that the office will take this matter up with the super- 
intendent and have it properly investigated. You will be informed through him of 
the decision reached. 

4. Protest to certain mixed bloods sharing in tribal benefits. 

Concerning your request that half-breeds and mixed bloods who participated in 
the so-called half-breed payment in 1849 be denied further tribal benefits, you are 
advised that by the fourth article of the treaty of October 18, 1848 (9 Stat. L., 952), 
the Menominee Tribe made provision for its mixed bloods, and on July 9 and 10, 1849, 
such mixed bloods, numbering 784 persons, including men, women, and children, were 
paid the sum of $40,000. 

In a tribal council held April 9, 1904, the tribe unanimously said that the payment 
mentioned was made as a settlement for any claim, right, title, or interest, which the 
half-breeds might have in the Menominee Tribe or property thereof, and that the off- 
spring receive the payment ''with the full and distinct understanding that the accept- 
ance of this money forever barred themselves and descendants from further partici- 
pation in all Menominee funds, property, and rights of every kind, nature, and de- 
scription." 

The Secretary of the Interior on May 10, 1905, held in effect that applicants who 
participated in the said payment should not be allowed to share again, either for 
themselves or their descendants, in tribal benefits unless the tribe was willing. 

In considering applications for enrollment with the tribe, the office has kept and 
will keep in mind the ruling of the department in the matter. Further, the tribe 
has already been given an opportunity to express its views with reference to the 
rights of applicants for enrollment therewith, and also to say whether or not it desired 
to adopt applicants who have participated in the half-breed payment, as indicated. 

5. Annuity payments. 

The Comptroller of the Treasury has recently decided that the money, heretofore 
used in connection with the mills at Neopit, from the interest on the Menominee 
logging fund, may be returned to the interest fund and the amount charged against 
the principal of said fund. This sum amounts approximately to $125,000. 

The office has been advised that the transfer of the sum named has been made on 
the books of the Treasury and that this money is now available for expenditure for 
the benefit of the Indians, including reasonable per capita payments. 

In this connection the office has considered your request of March 13, for a per capita 
payment of $40, and you are advised that the superintendent of the Keshena School, 
on March 5, 1912, submitted a request for authority to expend the sum of $67,200 in 
making annuity payment to the Menominee Indians under his charge. 

Your request will be submitted to the Secretary of the Interior at once for his con- 
sideration and action, and if approved the funds will be promptly forwarded to the 
superintendent in order that the payment desired may be made at the earliest practi- 
cable date. 

With respect to the payment of the "old Menominee fund" you are advised that 
there is no authority under existing law for paying this money per capita to the Indians. 
A billtH. R. 46), Sixty-second Congress, first session, was "introduced in Congress for 
the purpose of amending the second section of the act of March 2, 1907 (34 Stat. L., 
1221), so as to authorize the Secretary of the Interior, under such rules and conditions 
as he may prescribe, to pay to any Indian, "including the blind, crippled, aged, or 
helpless, his or her share or any portion thereof of the tribal or trust funds in the 
Treasury belonging to the tribe of which such Indian is a memljer, and of any other 
money which may hereafter be placed in the Treasury to the credit of such tribe, as 
susceptible of division among its members, or to expend the same for his or her benefit." 
Should this bill be enacted into law, there would be ample authority for the segrega- 
tion and payment of the individual share of any member of the Menominee tribe in 
the trust funds of the tribe. 

As to the desire of your people to have a semiannual payment, you are advised that 
the office is unable to make any definite promises as to the periods at which funds 
can be disbiirsed, there being no specific provision of law requiring semiannual pay- 
ments. Should there be sufficient funds, however, to make semiannual payments 
during any year, and you will submit a request therefor through your superintendent, 
the office will give the case prompt and careful consideration. 

6. Protest to traders' claims bill. 

Concerning your request that the "traders' claims bill," which you say is now 
pending in Congress, be not passed, it is presumed that you refer to H. R. 11020, 
which relates entirely to the claim arising in connection with logging operations on 



MENOMINEE INDIAN BESERVATION. 



799 



the Menominee Reservation, under the acts of June 28, 1906 (34 Stat. L., 547), and 
March 28, 1908 (35 Stat. L., 51). Should this presum])tion Ix; correct, you are ad- 
vised that the department on January 4, 1912, reporl<'<l achcrsely to the passage of 
said bill. However, the office is unable to say what, if any, action will be taken by 
Congress in the matter. 

7 . Care of extra timber. 

With reference to utilizing the timber on vai-ious parts of the reservation, which, at 
the pn\-^ent time, can not be taken care of by the Menominee Indian mills, you are 
advised that the office will take up the matter through Mr. Hamilton and your super- 
intendent of the Keshena School. If possible, the small mill now on the east side of 
the reservation will be started in order that the burnt timber on the northeast corner 
of the reserve may be made use of, and at the same time give the Indians an oppor- 
tunity to obtain work therein. 

8. Revocation of traders' licenses. 

Your request that the license of HoUis N. Jewell and L. Edgar St. Louis, of Antigo, 
Wis., be revoked, will be taken up with the superintendent promptly and investi- 
gated, and you will be informed through him of the decision reached. 

9. Forestry and logging operations. 

The questions and complaints submitted by you with reference to the logging 
operation.^, the management of the mills, and the proceeds thereof, etc., are receiv- 
ing the careful consideration of the office, and as soon as practicable, a separate answer 
to the questions covering these points will be made to you through the superintendent. 
An investigation of the charges and complaints you make regarding Mr. Woodcock 
and the conduct of logging operations in general under the superintendent, Mr. 
Nicholson, mil be taken up by the office. Mr. E. M. Hamilton, lumberman, is being 
instructed to make an investigation of these matters. 

10. Financial statement requested. 

Statement of Menominee funds showing balance on hand at various times. 



Oct. 1, 1907. Apr. 1, 1908. Nov. 1, 1909. July 1, 1910. Jan. 1, 1911. Dec. 1, 1911. 



FulflUing treaties 
with Menomi- 
nees, logs 

Menominee I02; 
fund '.. 

Interest on Me- 
nominee loK fund 

Menominee 4 per 
cent fund 

Interest on Me- 
nominee 4 per 
cent fund 

Menominee fund . . 

Interest on Me- 
nominee fund . . . 



$200, 417. 50 
2,333,724.22 

238, 576. 20 



$165, 789. 98 

2,241,604.53 

230, 743. 34 



$22, 755. 74 

1,676,480.49 

74,070.72 

13,939.84 



153, 039. 38 
22,460.44 



153,039.38 
22, 140. 19 



153, 039. 38 
33, 452. 81 



$10, 578. 27 

1,354,971.44 

3,147.20 

184,319.40 

140. 93 
153,039.38 

37, 278. 79 



$6, 542. 07 

, 157, 182. 38 

14,429.95 

371,543.75 



30,014.97 



Total. 



2, 948, 223. 80 



2,813,317.42 



743,475.41 



1,7.34,941. 



$58. le 

73, 135. 32 



13, 392. 79 
153,039.38 



,644,096.78 



The following matters submitted by you have not been answered owing to addi- 
tional time being required in looking them up, and also on account of necessary 
consideration: 

1. Request that Superintendent Nicholson and the superintendent of logging be 
suspended pending an investigation as to their management of logging affairs. 

2. Request for abolishment of superintendent of live stock and of officer for sup- 
pression of liquor traffic. 

3. Application of Reginald Oshkosh for superintendent of logging at Neojjit. 

4. Request that Indians have voice in management of their affairs, employment 
of labor, etc. 

5. Need of establishing a sinking fund and a stumpage account. 

6. Question as to whether or not the logging fund is earning interest on capital 
invested in the old logging fund, and method or plan of office for using the interest. 

7. Wrong grading of certain In'mber shipped in C. & N. W. car No. 57904. 

As soon as the necessary data can be abtained, and a decision reached in regard 
thereto, answers will be prepared and sent you through the superintendent. 
Respectfully, 

C. F. Hauke, 
Second Assistant Commissioner. 



800 MENOMINEE INDIAN RESERVATION. 

Department of the Interior, 
United States Indian Service, 

Menominee Indian Mills, 
Neopit, Wis., March 16, 1912. 
Commissioner of Indian Affairs, 

Washington, D. C. 

Sir: Replying to your letter of March 13, in reference to complaint that the mills 
are charging 20 per cent on goods sold from the warehouse, this is true and this average 
percentage is made for the purpose of covernig expense of handling, depreciation, 
interest on money invested, and to make a small profit for the account, something 
over 10 per cent. This percentage is added to the wholesale price of the merchandise 
as paid by the mills. It is not so that it makes approximately the same retail price 
as goods would bring in Shawano. No trader makes less than 35 per cent and it 
averages nearer to 75 per cent. We do not aim to sell merchandise in town, only to 
the men in the woods work. Exceptions have been made, in instances, to employees 
of the operation, wherein articles could not be purchased in town here. We are 
careful in our sales, as the traders here, who are Indians, object in the main, as it 
takes business away from them. There is no article purchased from the warehouse 
sold for more than charged for by any retail dealer. In fact, the prices are consider- 
ably less. The real burden of the complaint before you is not stated. The Indians, 
or rather a few of them, have been agitating for some time to have the warehouse 
here enlarge its scope. They want a Government trading store established where 
they can go and open accounts. Their main reason lies in the fact, and it is true of 
the very delegation there, that they all owe large amounts to nearly all the traders 
in and out of towns bordering here. They are poor pay and have exhausted their 
credit. Now, they have an idea of all doing business with the warehouse, or central 
store, where accounts could run on indefinitely, or they could pay when they pleased. 
They see in this a chance to escape paying just debts outside and with the Indian 
trader in town also. The complaint made is first I ever heard on this line. In fact, 
every Indian as soon as he obtains a job of contract nature immediately wishes to 
open an account with the warehouse for supplies, because of the fact that he can 
buy cheaper and also because he can not get credit outside. It is the aim here, when 
the Indians take a job, to get him on as near a basis as the outsider would have to be, 
did he do the work. We always give him, in every case, an advantage, however, to 
encourage him on. 

The Indian would like to buy at wholesale prices, naturally. As long as it is not 
his individual money, he is not much concerned in paying back when he has an 
account standing. He figures some time will do. He probably intends to pay, but 
any time will do. For example, on this line, George McCall, a Menominee Indian, 
purchased lumber from the mills, agreeing to pay monthly a stated amount until 
settled. No effort was made to live up to agreement until suth times as he worked 
for the mills. Then a stated amount was ordered deducted from his wages. He 
had a traders' store and ran a hall, receiving revenue therefrom, but made no pay- 
ments of his own accord from these sources. Reginald Oshkosh, for instance, rents 
a house from the operations. If he is working, we deduct rent. He is sometimes 
three months behind. He thinks nothing of it, but seems to believe that as long 
as the house is owned by the operations he can pay any time; and if he should not, 
why, what of it? It is tribal money. They never figure it costs something to use 
the money involved. 

Mitchell Oshkenaniew had his house finished by the mills, agi-eeing to make a 
monthly payment. None has been made for three months now. He came in and 
pleaded other uses for his money and begged off. He received credit for a bill of 
goods in Shawano, promising settlement promptly. I vouched for him, because he 
was working at the mill. When time to pay arrived, he had to be virtually forced 
to pay part on account and owes considerable balance. As long as he had received 
what he desired, all sense of living up to agreement was forgotten. 

I simply quote these several instances to show their undependabilty; of my 
efforts to get them work; help start them in, as they, having no capital and no credit, 
could do nothing. I helped them on their various jobs through the warehouse. 
They were glad to avail themselves, as charges were much lower, which each and 
every one knows. The prices shown on slips attached are net wholesale here. Nota- 
tions in red ink are with percentage added. Figures in blue are average quota- 
tions in town and outside. They make a real comparison. The Indians who have 
occasion to use the warehouse for supplies can not understand that certain overhead 
charges accrue; that it costs something to handle goods; that allowance must be 
made for per cent of loss that may occur, etc. Where his individual interest is con- 
cerned, he never figures that money invested is owned in common and that profit 



MENOMINEE INDIAN EESERVATION. 801 

ahould accrue to the whole. He claims to he jealous of his fuuds heiufj; wasted, but 
can not see that right here a loss could occur if in nothing else but loss of interest on 
money invested and cost of overhead charges. 
Very respectfully, yours, 

A. S. Nicholson, Superintendent. 



Department of the Interior, 
United States Indian Service, 

Menominee Indian Mills, 
Neopit, Wis., March 16, 1912. 
Commissioner op Indian Affairs, 

Washington, D. C. 

Sir: Replying to your letter of March 13, stating that Simon Beauprey reported a 
trespass by a man named King over a year ago on the Menominee Indian Reservation, 
and that no steps were taken to obtain a settlement thereof, I have to report that the 
statement of the Menominee delegation and Mr. Beauprey is directly contrary to the 
facts. Mr. Beauprey informed me in the latter part of last year that he had been 
told by a man named King that there was a trespass on the reservation committed by 
outside parties. About the same time I received a letter from J. King, giving his 
address at Phlox, Wis., of which I inclose you a copy, stating that there had been 
some pine taken off the reservation some years ago. Mitchell Waukaw, forest guard, 
was immediately sent to locate the trespass and found in that vicinity where some 
trees had been cut, evidently some years ago. I took a trip to Phlox to see Mr. King, 
but was unable to locate him, being "informed that there was somebody of such a name 
around, but he had no permanent address, but seemed to be drifting here and there. 
I mailed him on November 11 a letter, of which copy is inclosed, in which you will 
see that I asked him to call at the office to furnish particulars. This letter was returned 
to Neopit on February 6 unclaimed and with notation "Returned to the writer. Party 
unknown." Envelope and letter are on file here. 

In 1910 I had heard stories of trespass on the reservation and once endeavored to 
locate them. On the south line, in two instances, found trespass and was effective 
in making a settlement, of which the office has a notice. This case was one of those 
in which rumors were circulating but nothing definite could be pinned down. (_)ther 
stories were that this King was interested in a party of three other persons in taking 
the timber some years ago, about the year 1906 or 1907, but search and inquiry in the 
neighborhood of the west line of the reservation, near which Phlox is located, has 
thus far been unable to locate Mr. King. Of course, nothing can be done in the line 
until somebody can be definitely pinned down as committinga trespass, if one occurred . 

Mr. Beauprey was questioned by me this afternoon and he stated that he did not 
know anything of the trespass himself only what he had reported to me last fall; that 
he had no definite particulars to work from, only that a man named King was inter- 
ested and that I had at once detailed his fellow forest guard, whose territory was in 
that part of the reservation, to investigate the matter. He stated that he had no 
knowledge of whether the office did or did not take any other steps in the matter 
beyond the fact that the other forest guard was detailed to investigate. Certainly 
every effort has been made by this ofhce on this and every other case to take the 
necessary steps for protection of the reservation resources. 

I am unable to explain why Beauprey should make such a report to the Menominee 
delegation and can only infer that for" some reason or other he is dissatisfied and is 
desirous of creating trouble. It might be well to take some steps to discipline him, 
if you think it proper. From his actions one could believe that the Menominee dele- 
gation had misinterpreted something he might have said to them, although this is 
hard to say. 

Very respectfully, yours, 

A. S. Nicholson, Supermtcndent. 

P. S.— Both Mr. Riley and Mr. Braniff, my predecessors, both looked into this claim, 
I'm told, but could not pin trespass down to anyone on lack of evidence. 



802 MENOMINEE INDIAN EESERVATION. 

March 19, 1912. 
Menominee Tribal Delegates, 

Neopit, Wis. 
My Friends: Referring to office letter of March 16, 1912, to you, regarding the 
tribal matters submitted by you when you were in Washington, the following answers 
are made in addition to those contained in said office letter: 

1. Wrong grading of certain lumber in Chicago & Northwestern car 57904. 
Immediately upon receipt of your statement that the lumber in this car had been 

Bold as No. 3 pine boards whereas in reality it contained a much higher grade of lum- 
ber, the office took the matter up through the Forest Service of the Department of 
Agriculture, and Mr. H. A. Sackett of that service, who is stationed in Chicago, was 
requested to have the car regraded upon its arrival in Chicago. Mr. Sackett found 
that the car had already reached there, and had been sold unopened to the South 
Side Lumber Co. He states that he went to the plant of the South Side Lumber Co. 
and found that some of the material had been unloaded direct from the car to a 
wagon and had been sold to a contractor in the vicinity for sheathing. Most of the 
material, however, was stacked in the yard. Mr. Sackett made a personal investiga- 
tion of all this material and found it to be 1 by 4 inches stock S4S and from 10 to 18 
feet long, all No. 3 white pine. He obtained an affidavit from Mr. Frank Miller, 
tallyman of the South Side Lumber Co., showing the grade and amount of white pine 
contained in this car. This affidavit shows the lumber to be No. 3 white pine, as 
stated. Mr. Miller, the tallyman of the South Side Lumber Co., who furnished this 
affidavit, was in no way connected with the purchasers of the lumber from the Me- 
nominee Mills, and would, presumably, have no interest in making a false statement 
There are inclosed herewith copies of Mr. Sackett's letters of February 28, and March 
1, regarding this matter and a copy of Mr. Frank Miller's affidavit. 

2. Twenty per cent charge on goods sold by warehouse. 

This charge of 20 per cent, which is added to the cost price of goods sold from the 
warehouse, is made for the piu-pose of covering the expense of handling, depreciation, 
interest on money invested, and to make a small profit on the account. This percent- 
age is added to the wholesale price of the merchandise as paid by the mills. Even 
with this 20 per cent added the prices at which goods are sold from the warehouse are 
not so high as the prices at which goods are sold at Shawano. It is understood that the 
traders figm-e on making over 35 per cent profit on goods which they sell over what it 
cost them to buy them. The mills do not attempt or wish to sell merchandise in town, 
as the traders at Neopit, who are Indians, would object, as it would take business away 
from them. It is essential that in a business such as that being conducted on the 
Menominee Reservation, every branch of the operation be made self-supporting just 
as far as possible. The office feels that this charge of 20 per cent, covering as it does the 
cost of handling and other expenses connected with the warehouse and allowing some 
profit to be made for the Indians in connection therewith, is absolutely justified. 

3. Manufactiu-e of the dead and down timber in the northeast corner of the reser- 
vation. 

This matter was taken up with the superintendent, and he states that the timber 
which is injured, in the northeast corner of the reservation, amounts to about one mil- 
Lion and a half feet of hemlock and pine, which was damaged by fire in the fall of 1910. 
It seems that the proposition of moving the small mill now at South Branch to saw 
out this burnt timber is probably not feasible, as the mill is a very old one and much 
run down, and the expense of removal and putting into shape would practically 
mean the building of a new mill. Even were tliis done, the expense of getting the 
manufactured lumber into the market would be great. It seems to be a long haul 
on hilly roads. Lumber could probably only be hauled out in the winter and would 
presumably have to be sold for less than the cost of production. It is understood 
that this mill is at present used to saw logs into lumber for the purpose of building 
Indian homes. The superintendent states that he has two plans in mind for taking 
care of tliis timber. First, by an extension of the present logging road, which would 
mean the construction of about 9 miles easterly from the present site of camp 12, and, 
second, the possibility of the Chicago & North Western Raihoad constructing a line 
across the reservation. Mr. E. M. Hamilton, lumberman, will go into this matter 
thoroughly when he is on the reservation in the near future. 

4. Request that Supt. Nicholson and the superintendent of logging be suspended, 
pending an investigation of their affairs. 

The office does not feel that sufficient evidence has been brought against these 
men to warrant their suspension. Mr. Hamilton will start an investigation on the 
Menominee Reservation regarding the conduct of lumber matters in the near future. 
If this investigation shows any irregularity or mismanagement of the lumber opera- 
tions under their charge, the matter will be given prompt attention. 



MENOMINEE INDIAN RESERVATION. 803 

5. Request for abolishment of positions of superintendent of live stock and officer 
for suppression of liquor traffic. 

Mr. Hamilton will take up the work being done by the superintendent of live stock 
when he is on the reservation. With regard to the statement which you made that 
a position was created at $6,000 a year for the suppression of the liquor trafli(;, the 
records of the office show that Mr. P. F. Daniels was appointed to this position and 
entered on duty on October 6, 1909, and that he resigned on October 31, 1910. His 
salary during this period was at the rate of $2,500 a year and $3 per diem in lieu of 
subsistence, and not $6,000 a year. No person has been employed in such capacity 
since the date of Mr. Daniels' "resignation. 

6. Trespass committed by a man named King, and reported by Simon Beaupre 
some years ago. 

It seems that this trespass was committed 17 or 18 years ago. The superintendent 
states that Mr. Beaupre informed him in the latter part of last year that he had been 
told by a Mr. J. King that a trespass had been committed on the reservation by out- 
side parties, and that Mitchell Waukaw, forest guard, was immediately sent to locate 
the trespass, and found in that vicinity that some trees had been cut, evidently some 
years ago. The superintendent took a trip to Phlox to see Mr. King, but was unable 
to find liim, being informed that he had no permanent address, but seemed to be 
drifting around. He wrote to Mm under date of November 11, 1911, asking him to 
call at" the office and furnish full particulars. This letter was returned to Neopit 
unclaimed. The superintendent states that in 1910 he had heard stories of trespass 
on the reservation, and endeavored to locate them. On the south line, in two in- 
stances, he found trespasses, and was effective in making a settlement. The super- 
intendent states that Mr. Beaupre told him that he did not know anytliing of the 
trespass himself, only what he had reported to Mm last fall, and that he had no definite 
particulars to work from. Since the trespass was committed so many years ago it 
will undoubtedly be very difficult to obtain any e\idence at this time. 

With regard to other matters which are yet unanswered, including the apphcation 
of Reginald Oshkosh for the position of superintendent of logging at Neopit, the re- 
quest that the Indians have a voice in the management of their affairs, and the need 
of establishing a sinking fund and a stumpage account, you will be further advised 
through the superintendent. 

Mr. Hamilton was instructed to take up the investigation of the lumbering opera- 
tions on the Menominee Reservation at the time you were in \A'asMngton. He was 
taken sick, however, before he received these instructions, and is just returmng to 
duty. He will start Ms investigation as soon as practicable. He has been instructed 
to take the matter up with you. 
Respectfullv, 

(Signed) C. F. Hauke, 

Second Assistant Commissioner. 



United States Department of Agriculture, 

Forest Service, 
Office of Wood Utilization, 
Fisher Building. Chicago. III.. March 1. 1912. 
The Forester, 

Forest Service, Washington, D. C. 
Dear Mr. Graves: I am inclosing herewith for your information affidavit of Mr. 
Frank Miller, tallyman of the South Side Lumber Co., Chicago, showing the grade 
and amount of white pine contained in Chicago & North Western car 57904. "\iMien 
I reached the office of the South Side Lumber Co. yesterday I found that some of the 
material had been unloaded direct from the car to a wagon and had been sold to a 
contractor in the vicinity for sheathing. Most of the material, however, was stacked 
in the yard. I made a personal investigation of all this material and found it to be 
as Mr. Miller has indicated. 1 by 4 inch stock, S4S, and from 10 to 18 feet long, all 
No. 3 white pine. No. 3, as you know, is a lovv-grade material, containing rotten 
and loose knots, and from what I saw of it I should say that no one had "spiked" 
the grade. According to my calculations from the affida^'it, the total amount of 
material is 18,860 feet. The car was billed to the South Side Lumber Co. as 19,000 
feet, 1 by 4 inches, 10 to 18 feet, S4S, No. 3 white pine, at $16.50 per thousand. 
I trust that this information is what you wish, and that it will serve your purpose. 
Very sincerely, yours, 

H. S. Sackett, In Charge. 
Inclosure. 



804 MENOMINEE INDIAN RESERVATION. 

State op Illinois, County of Cook, ss: 

Frank Miller, being first duly sworn, on oath deposes and says that he is and for some 
time last past has been, in the employ of the South Side Lumber Co., Chicago, 111., 
as tallyman, and that he tallied the contents of Cliicago & North Western car No. 
57904 unloaded in the yard of the South Side Lumber Co., Chicago, 111., on to wit, the 
28th day of February, 1912, and that said car contained only: 

1,113 pieces 1 by 4 inches, 10 feet, S4S, No. 3 wliite pine. 

1,161 pieces 1 by 4 inches, 12 feet, S4S, No. 3 white pine. 

829 pieces 1 by 4 inches, 14 feet, S4S, No. 3 white pine. 

1,223 pieces 1 by 4 inches, 16 feet, S4S, No. 3 white pine. 

19 pieces, 1 by 4 inches, 18 feet, S4S, No. 3 white pine. 

And further affiant sayeth not. 

(Signed) Frank Miller. 

Subscribed and sworn to before me tliis 29th day of February, A. D. 1912. 

(Signed) John E. Crawford, Notary Public. 



Department of the Interior, United States Indian Service, 

Menominee Indian Mills, 
Neopit, Wis., March 19, 1912. 
The Commissioner of Indian Affairs, 

Washington, D. C. 
Sir: Replying further to your letter of March 13 and since March 16, in refer- 
ence to matter of trespass, claimed not investigated by this office, by Simon Beaupre, 
forest guard, who made such statement to the Menominee delegation, I have to say 
that with this matter on my mind, yesterday, quite accidentally, I got trace of man 
named King, who had been out with tie makers and received from him his statement 
about same, of which I inclose you a duj^licate copy. You will see from this that same 
was years ago. The State law here, I am told, provides for trespass claims to be paid, 
when made, within six years from date of the cutting. I shall be glad to know if there 
is provision under "Federal law" that we might proceed on. The evidence is not 
conclusive as yet, but snow in woods will shortly be in such shape as to permit stumps 
being scaled. I shall be glad to hear from you. 
Very respectfully, yours, 

A. S. Nicholson, Superintendent. 



State of Wisconsin, 

County of Shawano, ss: 
Louis King, being first duly sworn, deposes and states that a trespass was com- 
mitted on the Menominee Indian Reservation by a William Mull, or Mohl, who resides 
in or about the town of Mattoon ; that said trespass is on the west line of the reserva- 
tion, south of the town of Phlox, near a small creek, with corner stake close by; that 
said Mull", or Mohl, approached him and asked him to go in partners to cut the timber 
on the reservation and that he refused, and that this happened the second winter 
after Cleveland's election, 17 or 18 years ago. Louis King further declares that he 
is a resident of Phlox, Langlade County, Wis., and that the timber cut in the above- 
mentioned trespass was sold to John Kaufman, in Phlox, and was hauled to the mill 
by Kaufman's own teams, aided by some farmers' teams. 

L. King. 

Subscribed and sworn to before me this 18th day of March, 1912, at Neopit, Wis. 

A. S. Nicholson, Superintendent. 



Department op the Interior, 
United States Indian Service, 

Menominee Indian Mills, 
Neopit, Wis., March 20, 1912. 
Commissioner of Indian Affairs, 

Washington, D. C. 
Sir: Replying to your letter of March 14, with reference to complaint of Menominee 
delegation, of a large quantity of burned timber in the northeast corner of the reserva- 
tion and suggesting the advisability of the small mill at the south branch settlement 



MENOMINEE INDIAN RESERVATION. 805 

caring f<*r same, oitluT by nnuoval to iicarcr nitc or ofluT means, I Iiavo In way that to 
the best of my recoUection now there may be a million and a hall" of hemlock and pine 
burnt in the locality mentioned. The fire occurred in the fall of 1910, and friun reports 
rendered by the lire warden at the time there was more than a strong suspicion that 
the fire had been set by Indians in order to cn>at(> l<\o:gin,2; jobs. It, in fact, became 
necessary to take strenuous steps to stop the scries of fin-s rei)orted one after the other. 
It is mv" im])ression that I reported sometliiug in this line officially in September or 
October, 1010; correspondence being at the Keshena office, I can not have it before me 
at this writing. 

The proposition of the moving of the small mill at South Branch to saw this burnt 
stuff out, in my thought, is out of the qupstion. First, the mill is a very old one, much 
run down. The expense of removal and putting in shape would practically nieau the 
building of a new mill. Even were this done, the expense of o;(^l t iug the manufactured 
lumber into market would again confront us. It is a long haul on hilly roads. It 
would mean that the lumber could only be hauled out in the winter and sold for lesB 
than the cost of production. 

We use the mill at present to saw logs into lumber for the purpose of building In- 
dian's homes and encourage the Indians to put in fire-burnt, dead and down, for these 
uses. Even in this we found that we had to curtail the privilege some and supervise 
the work closely, because we found the Indians taking the lumber made by this mill 
and selling it outside. There are quite a few whites intermarried in this \dcinity 
who, with some very sharp mixed bloods, have to be watched continuously. The 
South Branch settlement, which is in this locality, is, in fact, one of the hardest 
points of control, owing to the distance from the office, the character of the people, 
and the difficulty in getting anyone to act as policeman to properly represent the 
office through fears inspired'by the residents. 

This timber in the northeast corner has always been on our minds here, because, 
outside of the fire-burnt stuff, there is a fine matured body of timber there which is 
now going backward. Two thoiights are on my mind to care for this timber. First, 
an extension of our logging railroad, which would mean the construction of about 
9 miles easterly from our present camp 12. This easterly part of the reservation 
contains a large body of fine timber, mostly pine and oak. It is a railroad proposi- 
tion pure a,nd simple. It is too costly to consider cutting timber, drive the Oconto, 
and railroad around to Neopit. It is true we can take considerable timber east of 
the Wolf by a sleigh haul to the Wolf, I think, then a short drive to where we could 
meet our road and load on cars. There is, secondly, the possibility of the Chicago 
& Northwestern Railway constructing across the reservation from the southeast 
corner to the northwest. They are, I learn, weighing the matter now. In this 
event, on which a decision will be made shortly, we could hitch on to their road by 
a spur, or it would be probable we could get a favorable rate for logs over their line 
from the Oconto River to Neopit direct. Their engineer visited here last week and 
took a drive across country to get the lay of the land. I have no doubt they intend 
to make some sort of a proposition. In a short time weather conditions will be such 
as to permit travel across country, and it is the intention of myself and the logging 
superintendent to take a trip across country on a preliminary reconnoissance of land 
and timber, so that plans can be definitely proposed. The office can feel assured 
that we here are alive to the situation and are preparing our ground for an advance. 
We have also to proceed cautiously, as we wish to avoid the repetition of any mistake 
of the past. Many situations confront us at all times. Being on the ground, I aim 
to familiarize myself with all. WTien it is determined what is best, I proceed to act, 
always having in mind the necessity of keeping you posted and advised, so that the 
necessary authority and advice can be secured. I realize all the while the difficul- 
ties confronting us, the many interests to be guarded, and, naturally, weigh the pros 
and cons for the line of least resistence, looking toward success. The map inclosed 
herewith will give you a good idea of the railroad situation. I have endeavored by 
colored lines to set it forth. 
Very respectfully, 

A. S. Nicholson, Superintendent. 



March 29, 1912. 
Mr. A. S. Nicholson, 

Superintendent Keshena School. 
Sir: Referring to your letter of December 5, 1911, relative to the desire of the 
Menominee Tribe to employ an attorney for the purpose of presenting certain claims 
there is inclosed herewith a copy of an answer dated March 16, 1912. to the Menominee 
tribal delegates, which sets out "in full the decision of the office in the matter. 



806 MENOMINEE INDIAN RESERVATION. 

Your attention is called to the following matters in the said answer: 

3. Removal of Waukaw family. 

8. Revocation of traders' licensee. 

The petition for the removal of the Waukaw family is inclosed herewith. Please 
have the most reliable and trustworthy Indians who request such action make formal 
charges in this case to be sworn to before you, and then furnish a copy of the same to 
the various adult members of said family m order that they may have an opportunity 
to reply thereto. 

At a convenient time you should submit the charges and the reply to a general 
council of the tribe in order that the views and wishes of the Indians may be obtained 
in the case. The formal record of the council meeting should be forwarded with the 
evidence and with a full report as to the facts, and such recommendation as you may 
desire to submit. 

There are inclosed for your information and records copies of the respective hearings 
held with the tribal delegation while in this city. 
Respectfully, 

(Signed) _ C. F. Hauke, 
Second Assistant Commissioner. 



April 13, 1912. 
Mr. Angus S. Nicholson, 

Superintendent Keshcna School. 
Sir: The office is in receipt of your letter of April 3, 1912, in which you refer to 
the recent request of a delegation of Menominee Indians while in this city, for the 
removal of certain members of the Waukaw family from the reservation, and say in 
effect that in your opinion there is no occasion for the action indicated, as it is a case 
of "Much ado about nothing." 

From your report it appears that the request for the removal of certain members of 
the said family arose mainly from reports circulated about Mrs. Waukaw by a woman 
with whom she had had a personal altercation; that you have properly cautioned and 
warned the parties thereto, who also were lectured by the Indian judges; and that 
the petition for the removal of this family was originated by the opponents of Mrs. 
Waukaw. 

In view of your report the office is of the opinion that the action already taken by 
you in the matter is all that is necessary and therefore considers the case as closed. 
Please advise the parties in interest of this decision. 
Respectfully, 

(Signed) C. F. Hauke, 

Second Assistant Commissioner. 

Department op the Interior, 
United States Indian Service, 

Menominee Indian Mills, 

Neopit, Wis., Aprils, 1912. 
Commissioner of Indian Affairs, 

Washington, D. C. 
Sir: Replying to your letter of March 29 and in particular that part of it that tends 
to revoking of trader's licenses, this is answered by my letter to you dated March 6 in 
answer to your letter dated March 1, 1912, subject, "Education-Industries, 15170-1912, 
A W B," said letter containing all the particulars. 

Replying to your letter of March 29, that part of it, No. 3, "Removal of Waukaw 
family," I note your instructions to have the most reliable and trustworthy Indians 
who request such action make formal charges in this case, sworn to before me and 
then to furnish a copy of same to various adult members of the family in order that 
they may have an opportunity to reply thereto; also, that a convenient time charges 
and rei^ly be submitted to a general council of the tribe to ascertain their wishes. 

For your attention before proceeding further, I would like to present these facts. 
This case is in a direct way, "Much ado about nothing," but back of it lies certain feel- 
ing engendered against a most faithful and capable officer of our police because of 
faithful performance of duty. This thing started through women's gossip. In the 
employ of Waukaw's family was an Indian girl, by name Eliza Waupoose, who was 
discharged because of habits and gossiping nature. As soon as she left Waukaw's 
employ she immediately commenced circulating stories and received able assistance 



MENOMINEE INDIAN RESERVATION. 807 

through several other women so inclined The Indian seltlenient here is in two parts 
on the east side of the river, and Ihese people naturally take sides This cireulation of 
gossip naturally came to (lie ears of Mrs Adolph Anuiur, who had been told stories by 
said Eliza Waupoose, ami laik Hew back and forth across the river. It resulted in the 
leaders, Mrs. Waukaw ami .Mrs. Amour, being brought to th<> (AWcv and they and their 
friends warned that trouble making must stop. Each was instnietc d to come to the 
office in case the other offended. They both went out, made up, and for a while were 
friends on the surface, but the friends on the outside could not keep still and again 
commenced carrying stories back and forth of what each was going to do to the other. 
Mrs. Amour made threats that she would lick Mrs. Waukaw, which being told me, I in 
person warned her again that any taking of the law into their own hands by anyone 
would merit instant punishment. Notwithstanding this, on P^ebruary 20 Mrs. Wau- 
kaw, who had been to visit her father who was ill and dying, was tackled by Mrs. 
Amour as she was passing on the road and beaten, her face "cut badly and her clothing 
torn. 

Mrs. Amour was at once arrested and brought before court of Indian offenses and 
convicted of assault by the Indian judges, and this in spite of repeated warnings by 
the superintendent. She would have been severely punished but for her condition, 
she being about to become a mother. On account of this she was let go home after 
several lectures by the Indian judges. Knowing she was guilty, her husband at 
once started to circulate the petition for the removal. He easily secured signatures, 
as Waukaw, in his capacity as an officer, has had to apprehend many of the signers or 
members of their family. Again, a petition is the easiest thing to get here, no Indian 
apparently having courage to refuse signing. The Amours are very strong-tempered 
people, accustomed in the past to having their own way, and Mrs. Amour is addicted 
to talk. The serious part of the Amour people is that she boasted openly of what she 
would do and ever since has taken advantage of the fact that it would not do to punish 
her because of her condition. That you may know the kind of people the Amours are, 
one brother committed suicide and another is serving a life term for murder. There 
also enters into this case a family feeling caused through a Tom Caldwell, who lived at 
one time with Amour's mother and left her some time ago and married a sister of the 
Waukaw's. 

If any action is to be taken — and I think there need be none, except that of warning 
the Amours— it should be taken on them. The petition was sent the delegates by 
Amour, knowing that they had no sympathy with the forces for law and order here, 
as they, too, had been guilty of offenses and were known to be against the admin- 
istration. 

There can be no question to my mind on any action against the Waukaws. To do 
so would be open invitation for anyone to do as they pleased. Shortly after this event 
several post cards were sent through the mail, emanating from some" source, contain- 
ing vile words thereon, which I have given to the post-office inspector. My suggestion 
would be to let the matter rest with the determination that any recurrence on either 
aide be severely dealt with. I await your advice before proceeding further. 

I would have you remember that it is the simplest thing in the world to manufacture 
sentiment on the reservation. The Indian court records show Mrs. Adolph Amour 
arrested for assault on Jane Waukaw. Mrs. Waukaw testified in open court and showed 
her torn clothing and the marks on her face. A Mrs. Elizabeth Melotte, a fine, respect- 
able old Indian woman, testified that she witnessed the assault and it was entirely 
unprovoked and committed without warning; that she had heard threats made by 
Mrs. Amour and also some gossip, and gave names of the scandal mongers as she had 
heard them. Mrs. Amour admitted the assault and said she had been told Mrs. Wau- 
kaw talked about her and was running the crowd on her side of the river down. Judges 
Perote and Baxter, after hearing at length the testimony, adjudged Mrs. Amour 
guilty of unprovoked assault and violation of the rule for order on the reservation. 
Upon plea of the superintendent as to Mrs. Amour's condition, sentence was suspended 
with a warning. These are the facts. 
Respectfully, 

A. S. Nicholson, Superintendent. 



April 19, 1912. 
Mr. E. M. Hamilton, 

Lumberman, Indian Service, Neopit, Wis. 
Sir: There is inclosed herewith a copy of office letter of even date to the members 
of the Menominee tribal delegation which was recently in Wasliington, in answer to 
some of their complaints regarding the conduct of timber matters and their needs. 



808 MENOMINEE INDIAN RESERVATION. 

When you are on the Menominee Reservation in connection with your investiga- 
tion, for which instructions have already been sent you, please look carefully into 
the matter of the dead and down timber in the northeast corner of the reservation, 
and the other matters referred to in the inclosed letter. Please also talk the matter 
over with the members of the delegation. 

Respectfully, (Signed) C. F. Hauke, 

Second Assistant Commissioner. 



Department of the Interior, 
United States Indian Service, 

Fort Belknap Agency, 
Harlem, Mont., July 15, 1912. 
Commissioner of Indian Affair.s, 

Washington, D. C. 

Sir: As directed in Field Forestry, A. K. C, letter dated March 16, 1912, I have 
inspected the Menominee operations and find as follows: 

With regard to the charge made by the Menominee Indian delegation that sawyers 
are worked on repairs during shutdown of the mill in order to retain them, the head 
sawyers are held over during shutdowns and worked at rex)air work at |3 and $3.50 
per day, depending upon the length of time the mill is closed down. During long 
shutdowns the wages paid is $3. This custom is practiced by nearly all lumber com- 
panies, and is the only way by which an efficient crew could be retained. The 
wages paid these men while sawing is $6 per day. 

The complainant states that more than the necessary number of man are employed 
at the mills and yard. I do not find this to be the fact. During my stay on the reser- 
vation, which has been from April 18 to July 9, every branch of the operation includ- 
ing yard, mill, planer, and woods have beenVnort of men. As to not working the men 
as hard as other places, the results of the work show that it is being done as cheap as 
at other places, and I believe the woods work is costing rather less than on similar 
operations in the State, which is good evidence that the men are doing as much as 
at other places. 

The new yard spoken of in the complaint is simply an extension of the old yard. 
It is no farther from the mill than the northwest portion of the original yard, and is 
higher and a better drying yard than a large part of the old one. It is di\dded by the 
river, which might be a powerful factor in case of fire. The complaint states that there 
was room for from ten to fifteen million feet of lumber in the old yard. I have checked 
the yard, and do not believe there was room for over 2,000,000 feet when this com- 
plaint was signed. There is some miscut lumber in the yard — not more than found 
at many operatii ns of this size. I find the larger per cent cf this miscut lumber is 
oversize, which does not reduce the selling price. 

Complaint relative to Charles Woodcock. It is not believed that he is incom- 
petent. The branch railroad, referred to as being abandrned before it was used and 
the rails put on a parallel branch, was put in at Camp 11, and was 2,100 feet long. 
Before this branch was logged, it was necessary to have more steel at Camp 12. There 
being no extra steel on the operation, the steel was taken up and taken to Camp 12. 
This action might have been necessary at anytime upon any operation where there 
were a number of camps runnig without the necessary amount of rails. 

The complaint states that a gasoline jammer which cost $2,500 was tipped over and 
damaged bevond repair. The jammer referred to was tipped over, probably care- 
lessly, as the engineer was immediately discharged by the logging superintendent. 
The records of the office show that this jammer cost $2,075. It has been repaired 
at a cost of $309.07, is now being used at camp 12, and I am informed by Sam La 
Flambois that it is as good as it was when purchased, and in some respects better. 

Timber on right of w^ay: Owing to the large amount of work to perform with one 
light engine, some material was left on the fight of way. This timber is now being 
cut and removed and the brush and debris burned. The right of way is now in very 
good shape. 

Relative to burned timber on the reservation, I am unable to find nearly as much 
burned timber on township 30, range 16, as claimed by the delegation. The larger 
part of the burned area is on sections 1 and 3. Section 1 contains but two forties of 
Indian land, section 3 five forties, the remainder being listed as State land. There 
are several other small patches scattered over the reservation. The largest burn is 
being taken care of from camps 11, 12, and 14. The larger part of this burned timber 
has been cut and removed. It was suggested that the burned timber on 30-16 could 
be logged to the South Branch mill. This mill, both machinery and building, is in 



MENOMINEE INDIAN RESERVATION. 809 

bad order. The capiicity of the mill is about 12,000 feet, i)er day^no edger or triimner 
and not eiuniuh ])ower to install them. It is suitable for its use— cuttinf^ lumber for 
the Indian for construction and improvement purjjoses — nothing more. The road 
from the mill to Breed, the nearest Vailroad station on the N. W., is not good. It 
would be an expensive haul. Lumber could not be produced in the mill for less 
than $3.50 per thousand, and not a good quality at that. If the act under which this 
operation is being run could be amended so as to permit the sale of such dead and 
down timber as is not accessible to the Neopit mill, this timber could be logged and 
eold on the bank to the highest bidder per thousand log scale. The Neopit railroad 
should soon bo built into this town. As soon as that time arrives all timber can go to 
the Neopit mill. 

Bad management of logging railroad, summer of 1911: It is impossible to ascertain 
at this time whether the railroad was managed in 1911 as economically as possible. 
The trail! crew that was running at thai time inform me that they never worked 
harder. Judging from the amount of logs moved, which was 20,000,000 feet in 110 days 
on a lO-mile haul, with one 40-ton Lima engine, 1 am led to believe that the work was 
performed in a workmanlike manner. I could suggest no improvement in handling 
the train at this time, and have every reason to believe that the train was handled 
along the same lines last year. 

Construe tiug unlaading dock: The method followed by Mr. ^\■o()dcock is one com- 
monly followed in cheap railroad construction. 

Logs sluiced over dam: These logs Avere logs that had been cut for some time, mostly 
basswood, and were badly colored. The matter was taken up with the Washington 
office and permission granted to sluice them over the dam, it being thought that if 
milled they would be manufactured at a loss. The logs used to fill bog hole in lumber 
yard were of the same quality as those sluiced and were considered valueless by 
all who had anything to do with the work except Mr. McCall. I questioned him as 
to the value of the logs, but was unable to get his views as to theirvalue. Mill Super- 
intendent Adams, Yard Superintendent Nelson, and the pond foreman, John Cacka- 
tosh, all informed me that these logs were valueless. These logs are now covered up. 
For that reason I was unable to look at them. 

Mr. Bennett and barn matters: Mr. Bennett is without doubt a very good horseman, 
also a practical farmer. His duties as' superintendent of live stock ancl supervisor 
of a large farm, which now has over 200 acres of crops, are sufficient to justify his 
position and salary. The white man and Stockbridge Indian who are employed in 
the barn have been on the job for some time. I see no reason why these men should 
be discharged. 

Dawling, architect: Mr. Bawling severed his connection with the Neopit mills 
May 1, 1912. Suice that time the position has been vacant. 

Mr. Hanbury: My observation of Mr. Hanbury, while acting as foreman, clearing 
lumberyard, and driving piles was that he was not qualified for the position. He 
now has a clerkship, which he should be able to fill satisfactorily. 

The delegation desired the farm now being started discontinued on the grounds 
that it will not be profitable and will destroy the home market for the Indians. There 
is no reason why this farm should be a failure. Ii should pay big interest on the 
investment. At the present time there is a market on the reservation for many 
times more farm produce than is produced, w^hich from all indications will be the 
condition for several years to come. Farming has decreased on the reservation. In 
traveling about I saw many fields that were once cleared and farmed not being used 
now and growing up to brush. 

Desire that the Indians be given contracts: There are very few Indians on the 
reservation, if any, who have the necessary horses and logging equipment, experi- 
ence, and money to handle a large logging job. There were three or four Indian 
jobbers last Avinter. At this time tliere are two Indian jobbers peeling bark. The 
agent assisted the jobbers last winter by advancing his personal funds, as there is no 
provision whereby he could advance Government money or supplies. 

As to not givmg Indians employment in camp. There are six camps running at 
present, or were in June — three logging camps, one timber camp, and two bark camps. 
There were Indian foremen in four of these six camps. In two of the foiu- there was 
not an Indian laborer. These Indian foremen inform me that they ha\-e tried to pro- 
cure Indian labor and are unable to do so. There were employed at the six camps 
about 225 men. I checked these camps several times and found from 16 to 30 Indians. 

The operation is short of horses. The office should authorize the purchase of 10 
teams. There are now being worked at the mills and camps 70 head of hired horses. 
It is recommended : 

1. That the Meriominee logging railroad be extended from Neopit to the present line. 

2. That the position of architect be abolished. 

35601— PT 8—14 1 



810 MENOMINEE INDIAN RESERVATION. 

3. That loggiiit;; be discontinued as soon as 30,000,000 feet has been delivered to the 
mill, and that the mill be closed down as soon as all material in pond is cut. 

4. That the planing mill be run day and night until all material now sold is moved 
and the yard reduced at least 50 per cent. 

5. That a sufficient number of horses be piu-chased to do the logging work as soon as 
possible. That no more colts be raised from Menominee Indian Mills stock. I do not 
believe it to be profitable. 

I desire to state that I believe Mr. Nicholson is handling his reservation in a very 
satisfactory manner. 
Respectfully, 

E. M. Hamilton, Lumberman. 



July 27, 1912. 
Mr. A. S. Nicholson, 

Superintendent Keshena Indian School. 
Sir: In a report dated July 15, 1912, upnn the Menominee operation, in accordance 
with his instructions of March 16, 1912, Mr. E. M. Hamilton, lumberman, made five 
recommendations, as follows: 

1. That the Menominee logging railroad be extended from Neopit to the present 
line. 

2. That the position of architect be abjlished. 

3. That the l^-gging be discontinued as s3on as 30,000,000 feet has been delivered 
to the mill, and that the mill be closed down as s )on as all material in pond is cut. 

4. That the planing mill be run day and night until all material now sold is moved 
and the yard reduced at least 50 per cent. 

5. That a sufficient number of horses be purchased to do the logging work as soon 
as pf>ssible. That no more colts be raised from Menominee Indian Mills stock. I do 
not believe it to be profitable. 

The 1' gging railr iad proposition has been taken up in connection with another 
letter, and you will be later advised as to this. The department has already author- 
ized the purchase of a number of horses for logging work, requested by you. 

The office desires a report from you upon the matters suggested in propositions 2, 
3, 4, and that part of 5 referring to the raising of colts from Menominee Indian Mills 
stock. Mr, Hamilton's conclusions as to ^practically every one of the complaints 
made by the Indians at the time of the visit of the delegation to Washington are 
favorable to you and your employees. The statements of the Indians appear to have 
been generally based upon a misunderstanding of the situation. 
Respectfully, 

(Signed) F. H. Abbott, 

Assistant Commissioner. 



Department of the Interior, 
United States Indian Service, 

Menominee Indian Mills, 
Neopit, Wis., Augusts, 1912. 
Commissioner of Indian Affairs, 

Washington, D. C. 
Sir: Replying to your letter of July 27, concerning report of Mr. E. M. Hamilton, 
lumberman, dated July 15, on the Menominee operation, I have to say concerning 
his recommendations: 

1. Subject: Extension of Menominee Indian Railroad. 

Answered by my letter to you dated August 6, 1912, "Field-Forestry, 69871-69993- 
1912" and letter of Mr. A. K. Chittenden, Forester, approved by me. 

2. That the position of architect be abolished. 

I suppose by this Mr. Hamilton refers to the position of superintendent of con- 
struction, whose work embodies also that of architect. The work of this place has been 
fully covered in my letters to you dated January 10, 1912, and December 4, 1911. In 
my letter to you of January 10, I intimated how valuable other people thought the 
services of Mr. Dowling, then filling the job. The place has been vacant since May 1, 
1912, he having resigned to accept other work at much greater financial consideration 
and where his services will undoubtedly be much better appreciated. His showing 
here got him the chance. I only apeak of this to show how outside concerns thought 



MENOMINEE INDIAN RESERVATION. 811 

valuable such a man, outside of liow our figures show. I have not suggested anyone 
to fill the position for two reasons. First, because I had not yet seen the kind of man 
for the job, and becaiise the civil service rest rict ions now in force provide otherwise. 
Second, it has been suggested by the oflice that a forest assistant may be of value here, 
and I so recognize the fact, while his time would not be wholly occupied in this work. 
I had in mind the combining of the work of these two places into one, making double 
value. 

I talked this over with Mr. Chittenden while he was here. The position of super- 
intendent of construction, or a position, no matter what it is termed, is of value here 
and is needed. The work is so varied that the man holding it must possess many 
qualities. I must have some one in som(> position, be the title of the place what it 
may, to whom I can turn over for direct supervision that part of our work here not 
embraced in mill manufacturing, yarding, shipping, and logging. Our oflfice force 
is a very small one. Emergencies call for a man here and there. I must have some one 
with the head and ability to tackle and carry on successfully any })art of our work. My 
own duties are varied. Demands are such that I must be all over as occasions require. 
There is no other place whose occupant can be spared to oversee the duties assigned 
to this place in the past. 

3. That logging be discontinued as soon as 30,000,000 feet have been delivered to 
the mill, and that the mill be closad down as soon as all material in the pond is cut. 

Naturally, as soon as logging cut of the year is finished, logging will be discontinued 
and the mill will shut down as soon as the cut is finished. But when this year's cut 
is in, the preliminaries for next year's cut will commence. Am I to interpret this 
recommendation to close down entirely? If so, the recommendation No. 1 conflicts, 
for if we are not to log for some time there would be no immediate use of a logging 
railroad. I do not think, however, this idea should be thought of as from the condi- 
tion of the lumber market, it being the very best and on a rise, good business would 
indicate the policy of "making hay while the sun was shining." 

4. That the planing mill be run night and day until all material now sold is moved 
and the yard reduced at least 50 per -cent. 

The planing mill is running night and day and was so doing at the time the report 
was made. As to the reduction of the yard 50 per cent an approximate inventory of 
the lumber in the vard shows 42,000,000, of which there is sold but not shipped 
24,752,000, leaving on hand a little over 17,000,000, with offers imder consideration 
for 10,000,000 more. The capacity of the mill is over 50,000,000. Under the law we 
are authorized to cut 40,000,000. Past demonstration on the 20,000,000 basis showed 
that the mill would have an exceedingly difficult job to pay a profit, overhead charges 
cutting quite a figure. The cut here should not be less than 30,000,000, if business 
warrants. A luuiber industry to be successful must have a well-balanced stock, 
as it takes a season to properly dry out lumber. Yard arrangements must be prepared 
to handle from one and a half to twice the cut, in order to have a well-balanced yard. 
Our cut at present being on a 30,000,000 basis, we must have yarded approximately 
50,000,000, as naturally, the last six month's cut is green and not in proper shipping 
condition. Again, much de])ends on market conditions and certainly the prices 
prevailing now warrant running everything to full capacity. We are shipping now 
over 3,000,000 a month, which at present is taking care of the cut and a little more. 
I can not see anything that would warrant curtailment of operations as embraced in 
recommendations 3 and 4. On the contrary, everything promises a betterment. 

5. That no more colts be raised from Menominee Indian mills' stock. 

I disagree with the intimation that it is not profitable. We have to piu-chase horses 
here and will have to renew stock from time to time. They cost §300 per head. 
Horses need rest and freshening up. Mares work all winter and as colts come on are 
turned out for a period of four months with foals, when they are put back to work. 
At 4 years old colts are ready for heavy work, taking the places of the worn-out stock 
and saving purchase. In summer they range; in the winter they subsist on rough 
forage produced on the farm. Their cost will be nothing compared to price paid for 
new stock. The surplus, if any, can be sold. Surely, if they can be raised profitably 
by the farmers outside, so they can here, when every condition favors it, It may be 
said that mares with foals create a shortage of horses on the operations, but if condi- 
tions were ideal, there should be extra horses on hand to provide so that each horse 
could have a period on grass to freshen and renew his strength, and it is with the idea 
of providing for the future that we are doing so now. Had this been attempted at 
the start of the operations, we would not have had to purchase any stock now or in 
the future. Horses command a high price and will undoubtedly go higher, owing to 
the scarcity of desirable stock. I can not understand this recommendation. It does 
not jibe with my study. 
Respectfully, 

A. S. Nicholson, Superintendent. 



812 MENOMINEE INDIAN RESERVATION. 

Is it possible to send copy of Indians' complaints? Am absolutely in dark as to 
what they were. Tribe here interested, and from time to time am questioned 
regarding them. 

August 31, 1912. 
Menominee Tribal Delegates, Neopit, Wis. 

My Friends: With further reference to office letter of April 19, 1912, regarding 
tribal matters submitted by you when you were in Washington in February and 
March, 1912, Mr. E. M. Hamilton, lumberman, has made a careful investigation of 
the charges which you brought against the conduct of the Menominee Indian mills. 
The following answers are made to your complaints, these matteis not having been 
answered in office letter of March 16, 1912: 

1. With regard to the charge made by you that sawyers are worked on repairs dur- 
ing shutdown of the mill in order to retain them, Mr. Hamilton reports that the head 
sawyers are held over during shutdowns and worked a.t repair work at $3 and $3.50 
per day, depending upon the length of time the mill is shut down. During long 
shutdowns the wages paid is ?3 per day. This ci;stom is practiced by nearly all lum- 
ber companies and is the onlv way by which an efficient crew could be retained. 
The wages paid these men while sawing is §6 per day. 

2. W^ith regard to your complaint, that more than the necessary number of men 
are employed at the mills and yard, Mr. Hamilton does not find this to be the fact. 
During his stay on the reservation, which was from April" 18 to July 9, he states that 
every branch of the operation, including yard, mill, planer, and woods, have been short 
of men. As to not working the men as hard as in other places, Mr. Hamilton states 
that the results of the work show that it is being done as cheaply as in other places, 
and that he believes that the woods work is costing rather less than on similar opera- 
tions in the State. The office believes this is good evidence that the men are doing 
as much work as at other places. 

3. With regard to your complaint concerning the new lumber yard, this yard is 
simply an extension of the old yard, and Mr. Hamilton states that it is no farther away 
from the mill than tlie northwestern portion of the original yard, and is higher and a 
better drying yard than a large part of the eld one. It has the additional advantage of 
being separated from the old yard by the river, which is a large asset in rase of fire. 
Your complaint stated tiiat there was room for from ten to fifteen milli n feet oi lumber 
in the old yard. Mr. Hamilton has checked the yard, and states that he does not 
believe that there was room for ovr two million feet when your complaint was signed. 
Mr. Hamilton states that there was some miscut lumber in the yard, not more, how- 
ever, than would be found at many operati-ms of this size. He finds that th^ larger 
per cent of this miscut lumber is over siz^, which d les n>t reduce the selling price 

4. With regard to your complaint regarding Mr. Charles Woodcock, superintendent 
of logging, Mr. Hamilton reports that he is not incompetent. The branch railroad, 
referred to by you as being abandoned before it was used and the rails put on a parallel 
branch, was put in at camp 11 and was 2,100 feet long. Before this branch was logged 
it was necessary to have more steel at camp 12. There being no extra steel on the 
operation this steel was taken up and taken to camp 12. This action might have been 
necessary at any time upon any operation where there were a number of camps running 
without the necessary amount of rails. 

5. Your complaint states that a gasoline jammer which cost |2,500 was tipped over 
and damaged beyond repair. Mr. Hamilton states that this jammer was tipped over, 
probably carelessly, as the engineer was immediately discharged by the logging super- 
intendent. Mr. Hamilton states that the records of the office show that this jammer 
cost $2,075, and that it was repaired at a cost of $309.07, and is now being used at camp 
12, and that he was informed by Sam LaFlambois that it is now as good as it was 
when purchased, and in some respects better. 

6. Timber on right of way: Mr. Hamilton states that owing to the large amount of 
work to be performed by one engine some material was left on the right of way. This 
timber is now being cut and removed and the brush and debris burned. The right of 
way is now in very good shape. 

7 . You state that there is on the reservation a considerable quantity of burned timber, 
some of which was burned two years ago, and that Mr. Woodcock should cut this 
burned timber first so as to save it. Mr. Hamilton states that he is unable to find 
nearly as much burned timber on township 30, range 16, as claimed by you. The 
larger part of the burned timber in this township is on section 1 and section 3. Section 
1 contains but two forties of Indian land and section 3 contains but five forties, the 
remainder being listed as State land. There are several other small patches of burned 
timber scattered over the reservation, the largest burn being taken care of from 



MENOMINEE INDIAN RESERVATION. 813 

camps 11, 12, and 14. Tho larger part of Ihi.s burned limber has been cut and removed. 
It was suggested by yon lliat the burn(>d timber on township 30, range 16, could be 
logged to the Soufli Uraiuh mill. This mill, both machinery and building, is in bad 
order. The ca))acity of the mill is about 12,000 feet per day. It has no edger or 
trimmer, and has not enough power to install them. It is suitable for its present use, 
cutting timber for the Indians for construction and improvement purposes; nothing 
more. The road from tho mill to Breed, the nearest railroad station on the Chicago & 
Northwestern Railroad, is not good. It would be an expensive haul. Lumber could 
not be produced in the mill for less than |3.50 per thousand and not a good quality at 
that. 

8. With regard to your complaint that the logging railrc ad was badly managed in 
the summer of 191 1 , Mr. Hamilton stat^^s that it is impcssible to ascertain at this time 
whether the railr; ad was managed, in 1911, as economically as pr ssible (,r not. He 
states that the train f rew that was running at that tin-^ inf( rmed him that ihey never 
worked harder. Judging from the amount < f logs moved, which was 20,000,000 feet, 
in 110 days, on a 10-mile haul, with one 40-ton Lima engino, Mr. Hamilton believes 
that the work was performed in a workmanlike manner. He states that the logging 
trains are now being handled excellcntlv, and he has every reason to believe that the 
trains were handled in the same manu' r in 1911. 

9. With regard to your complaint that Mr. Woodcock caused a dock to be built 
for unloading logs into the pond; that the railroad was laid along this dock, the bed of 
the track being made by throwing slabs on the ice and in the spring the ice melting 
and the railroad track caving in, Mr. Hamilton states that the method followed by Mr. 
Woodcock vras one commonly followed by other concerns in cheap railrcad construc- 
tion. 

10. Logs sluiced ovrr-r dam: These logs were logs that had been cut for some time, 
mostly basswood, and were badly colored. It was thought that if these logs were 
milled, they would be mamifactiired at a loss. The logs used to fill bog holes in lum- 
ber yards wer.^ of the same quality as those sluiced and were considered valueless by 
all who had anything to do with the work, except Mr. McCab, according to Mr. Hamil- 
ton's statemcn't. Mr. Hamilton states that he question ;'d Mr. McCall regarding the 
value of the logs, but was unable to get his views as to their value. These logs are 
now covered up, and for that reason Mr. Hamilton was unable to look at them. 

11. Mr. Bennett and barn matters: Mr. Hamilton states that Mr. Bennett is with- 
out doubt a very good horseman, also a practical farmer. His duties as superintendent 
of live stock and supervisor of a large farm, which now has over 200 acres of crops, are 
sufficient to justify his po.^ition and salary. The white man and Stockbridge Indian 
who are employed! in the barn have been on the job for some time, and Mr. Hamilton 
sees no reason why these men should be discharged. 

12. Mr. Dowling, superintendent of construction: Mr. Cowling severed his con- 
nection with the Menominee mills on May 1, 1912 ; since that time the position has been 
vacant. 

13. Mr. Hanbury: Mr. Hamilton states that from his observation of Mr. Hanbury, 
while Mr. Hanbury was acting as foreman, clearing the lumber yard and driving piles, 
was that he was not qualified for the position. Mr. Hanbury now has a clerkship, 
which Mr. Hamilton states he should be able to fill satisfactorily. 

14. Farm: You desire that the farm which has been started in connection with the 
operations be discontinued on the grounds that it will not be profitable and will 
destroy the home market for the Indians. There is no reason why this farm should 
be a failure. It should pay a good rate of interest on the investment. At the present 
time there is a market on the reservation for many times more farm produce than is 
produced, which from all indications will be the condition for several years to come. 
Farming has not been increasing on the reservation. Mr. Hamilton states that many 
fields on the reservation which were once cleared and farmed are not now being used 
and are growing up to brush. 

15. Desire that the Indians be given contracts. Mr. Hamilton states that there 
are very few Indians on the reservation who have the necessary horses and logging 
equipment, experience, and money to handle a large logging job. There were three 
or four Indian jobbers last winter. Mr. Hamilton states that this year there were two 
Indian jobbers pealing bark and that the superintendent assisted the jobbers last 
winter by advancing his personal funds. 

16. As to not giving Indians employment in camps: Mr. Hamilton states that six 
camps were running in June — three logging camps, one timber, and two bark camps. 
That there were Indian foremen in four of these six camps. In two of the four there 
was not an Indian laborer. These Indian foremen informed Mr. Hamilton that they 
had tried to procure Indian labor, but were unable to do so. There were employed 
at the six camps about 225 men. Mr. Hamilton checked these camps several times 



814 MENOMINEE INDIAN RESERVATION. 

and found from 16 to 30 Indians. Indians will be given preference in employment 
whenever they make application for work and there are positions vacant which they 
can fill. 

Respectfully, 

(Signed) C. F. Hauke, 

Second Assistant Commissioner. 



Committee on Expenditures on Public Buildings, 

House op Representatives United States, 

Washington, D. C, March 9, 1914. 
Hon. Joe T. Robinson, 

Chairman Committee to Investigate Indian Affairs, 

Washington, D. C. 
My Dear Senator: I am inclosing herewith a letter from an Indian by the name 
of C. W. Tourtillott, of Neopit, Wis., relative to the iuA-estigation of the affairs of the 
Menominee Indians. 

Very truly, yours, 

Thomas F. Konop. 
Inclosure. 



Neopit, Wis., March 6, 1913. 
Hon. Thomas Konop, M. C, 

Washington, D. C. 
Dear Sir: I have been informed that there is to be an investigation in the near 
future of Indian affairs at Neopit, Wis. 

Should this be the case, I would suggest that they take with them an experienced 
and reliable lumberman and go over the whole operations from the beginning to the 
present time. They should also get the exact figures from Mr. Nicholson as to how 
much of each kind of timber cut since they began operating at Neopit. Heretofore 
all so-called investigations have been a one-sided affair and only farce. 

Now, unless your committee goes into the matter from some other point of view, 
other than Nicholson's, we Menominees will be only hoodwinked once more and 
no better off than we now are. 

Under the present management, as it is carried on by those in charge, goes without 
saying, are grossly incompetent, and unless there is a change made soon, we Menom- 
inees will Lave neither money or timber. Thanking you for any attention you may 
give this matter, I am. 

Respectfully, yours, 

C. W. Tourtillott, 

CA member of the tribel. 



Copies of Papers in Charges Against Mr. A. S. Nicholson, Superintendent 
Keshena Indian School, by John Gauthier and Other Menominee Indians. 

[From Indian Office file 73228-1911.] 

Keshena, Wis., August 2, 1911. 
Hon. Commissioner op Indian Appairs, 

Washington, D. C. 

Sir: Being an enrolled member of the Menominee Tribe of Indians, and having 
been unjustly treated by Supt. A. S. Nicholson, I thought I would write you for the 
purpose of ha\dng the injustice rectified. 

I have been employed at the Neopit operations for nearly two years. My last 
position was barn man, or boss, which I held for over a year. On the morning of the 
25th of July I was dismissed by Supt. A. S. Nicholson, the reason being that I gave 
myself straight or full time when I was absent playing in the band at Keshena, Wis., 
at the headquarters, on occasions such as Decoration Day and Fourth of July, etc., 
by the permission of Mr. Nicholson. I have performed the duties assigned me to the 
best of my ability. 

Mr. Nicholson did not object to my giving Frank Brown, another barn keeper, who 
was a white man, and Charlie Beaulieau full time when they both worked on Nichol- 



MENOMINEE INDIAN EESERVATION. 815 

son's individual garden. This occurred several times. These two men were being 
paid from the Menominee funds. 

Mr. Bennett, Nicholson's father-in-law, and Frank Brown spent two days with the 
Government team taking Mr. Nicholson's cow to Keshena and back. The men being 
paid by our fund; no kick being made. Mr. Bennett used Government rigs to take 
his son from New York showing him over the reservation; no kick on the part of 
anybody. 

To my knowledge, I did not break the rules. 1 was always sober and supposed 
that I performed my duties satisfactorily. 

When Mr. Nicholson attended the first council of the tribe he opened his speech 
by saying: 

"My friends, I come here to help you. There is no reason why you can not make 
money \vith yoiu- operations. You are one of the richest tribes. I want you to under- 
stand that I have no relations, no pets, and no political friends in New York." 

One of the first things he did was to reestablish the position which the iMenominees 
supposed was abolished in July, 1910, and placed his father-in-law in the position 
of superintendent of live stock of the reservation, at a salary of $1,500 a year; and 
next he placed Mr. Bowling in Earl Riley's place at $75 a month, and raised the 
salary $25 per mouth, making it $100. 

I can not say whether Bowling is his pet or not. Another man came along by tlie 
name of Coit, from New York. I can not say if Coit is a political friend or not. 

Mr. Nicholson's first talk and promises to the Menominees I can safely say were 
false. This can be proven by all the members that were present at the council. 

Instead of gi\'ing an Indian my position, he gave the place to this white man, 
Frank Brown, who takes care of his cows for him, and also his garden, and who is 
paid out of our money. 

I have a wife and four children to support and need work, but I would not com- 
plain so much if he would give an Indian the position from which he removed me. 

The act of Congress under which these operations are being can-ied on provides 
that Indians shall be given work in preference to white men. 

I am prepared to verify the statements contained herein if desired. 

Mr. Bowling and Mr. Coit frequently leave for Shawano, Oconto, or O.'^hkosh, and 
it is my opinion that they make these trips on their own private business and draw 
full pay. 

All I ask is fair treatment, and if I am to permanently lose the position which I 
held, an Indian should be appointed to the place. 

Mr. Bennett recently went to Chicago, 111., to meet his wife. WTiether full time 
was allowed him I can not say, but think this should be investigated. 
Very respectfully. 

John G.\uthier. 

Bepartment of the Interior. 

Office of Indian Affairs. 
Washington, August J6, 1911. 
Mr. John Gauthier, 

Keshena, Wis. 
Sir: The office is in receipt of your letter of August 2, 1911, complaining with refer- 
ence to the action of the superintendent in dismissing you from the service, and other 
matters. 

Without mentioning your letter, the superintendent has 1 een called upon for full 
report. Mien this is received further action will he taken, and if necessary an inves- 
tigation ordered. 

Respectfully, 

F. H. Abbott. Assistant Commissioner. 



Bepartment of the Interior, 

Office of Indian Affairs, 
Washington, August 26, 1911. 
Mr. Angus S. Nicholson, 

Superintendent Keshena Indian Schoo!, Keshena, Wis. 
Sir: You are dii-ected to submit at the earliest practical date, a full and complete 
report in connection with the dismissal of John Gauthier from the service. 
Respectfully. 

F. H. Abbott. Assistant Commissioner . 



816 MENOMINEE INDIAN RESERVATION. 

Department of the Interior, 
United States Indian Service, 

Menominee Indian Mills, 
Neopit. Wis., August SO. 1911. 
Commissioner of Indian Affairs, 

Washington, JJ. C. 

Sir: Replying to your letter of August 26, asking for report on di.smissal of John 
Gauthier from employment here, particulars are as follows: 

He was employed as one of three l)arnmeu at $2.25 per day; his duties, the care of 
horses and equipment and general work about the barn. His principal duty was 
that of night man. He was not dismissed but richly deserved the same. At various 
times the superintendent of live stock reported to me his inethciency and lack of 
interest in his work. For some time drivers had been reporting parts of harness 
missing, taken from the barns. This occurred while same was directly under his 
charge at night. Investigation showed that he had a bod in the room at the barn 
and was accustomed to go to sleep every night. This developed when a fire alarm 
was rung here at midnight and he never awoke until the horses had left the barn. 
He had charge of the time book, keeping the time of men employed about the barns. 
Investigation showed that he had credited himself with full time for every day from 
January to June, while I personally knew that he had been away several days at a 
time a month. He led the superintendent of liv^e stock to believe that he had put 
a man in his ])lace who would do his work while he was away. In instances he did 
put a man in his place, but would also credit the man with time at the end of the 
month when his book was turned in to the office. He disorganized the efficiency of 
the men in the barn, being lazy, a trouble maker, and attempting to assert authority 
in the absence of the superintendent when he had none. He let teams leave the barn 
on private business for Indians, although having specific orders to the contrary. 
This was done at times when he thought it could not be known . I took the trouble 
on several occasions to tell him and all the men just what was demanded of them. 
But it did no good. I ordered the bed in the barn removed and told his immediate 
superior, the superintendent of live stock, that he merited instant dismissal, if for 
nothing else but stealing time;-and left it to him to act. He jacked Gauthier up, offered 
him a chance of the night work under new conditions but Gauthier quit. I found 
out since that he was accustomed to go on drinking sprees and since he left here saw 
him myself in town drunk and arrested him upon his arrival upon the reservation. 
He is now working under the eye of the agency at Keshena, being employed as laborer 
on the reconstruction of the hos])ital there. He, with a few others here, are almost 
hopeless cases and are the prime movers in trouble making. 
Res]>ectfully, 

A. S. Nicholson. Supirlntendent. 



Neopit. Wis., October Iz, 1911. 
Mr. E. B. LiNNEN, 

United States Inspector. 

Dear Sir: I am working here at Neopit, Wis., and I wish to say something to you 
confidentially. Please donot make public what I am going to say in tliis letter. 

The Indians, as well as some wliite men who are working here, say that a large per 
cent of the lumber that is sawed here in tliis mill at Neopit is miscut. That a large 
amount of pine, a^ well as other kinds of lumber, is being spoiled in tliis way. 

And that some of the men who work at night in the mill yard, especially white people, 
the Indians say, are in the habit of sleeping when they should be at work. 

We would like to have you come over here and investigate matters and report to 
Washington, D. C., what you may find is wrong. 

Wlien you come here we have a good deal to report to you. It woidd take too long 
to write about everytliing we would like to say to you in this letter. 

We desii-e to have the work of these men who are here in charge of the operations 
at Neopit, Wis., investigated. And if they are found wanting or that they are not 
doing just right, we want them to be put out of here and removed from our reservation. 

Please let me hear from you soon. 
Yours, respectfully, 

Mitchell Oshkenaniew. 

The above voices my sentiments as well as a large portion of .the Menominee Tribe of 
Indians. I inclose herewith my report to you, Mr. E. B. Liniien. 
Yours, truly, 

Thos. LaBell. 



MENOMINEE INDIAN RESERVATION. 817 

Neopit, Wis.. Ocloher 12. 1911. 
To whom i( may concern: 

On the 28th day of AiigiiPt, 19U, H. A. Ooit was arretted at Noi>])it, Wis. He came 
from Shawano, Wis., on the morning train, 11. A. Ooit is one of Superintendent 
Nicholson's eni])l()yecs at the Neopit office. V^/hen the said II. A. Ooit was arrested 
he was in an iulnxicated condition and he had in his pr.ssession a bottle of beer, which 
was taken away from him by P(»liceman Paul Tebean. II. A. Coit, when he was 
arrested, he was locked \\j) in the jail at Neopit. 

Policeman Paul Tebean then took the battle of beer to Supt. Nicholson, but I do 
nut believe Mr. Nicholson reported the matter to the authorities at Milwaukee, Wis., 
tothe district attorney there, because II. A. Coit is one of the young men he, Mr. 
Nicholson, got from New York City, as I understand. Mr. Coit is a white man and 
he is still employed at the office. Ho is one of Nicholson's pets. 
Yours, truly. 

Thos. I.aBell. 



Department of the Interior, 
United States Indian Service, 

Standing Rock Indian School. 

Fort Yates, N. Dak., October 19, 1911. 
Hon. Secretary of the Interior. 

Washington, D. C. 
Sir: I have the honor to inclose herew:ith letter dated Neopit. Wis., October 12, 
1911, addressed to me by Mitchell Oshkenaniew and Thomas LaBell, two Indians, 
members of the Menominee Tribe, together with two statements signed by said Thomas 
LaBell. for such action as you may deem necessary in the premises. 
Very respectfully, 

E. B. Linn EN. Inspector. 
Two inclosiu-es. 

November 28, 1911. 

My Dear Mr. Nicholson: As you will remember, when you took charge of the 
Menominee Re.'^ervation, I told you that you might employ your father-in-law, if there 
were a job there that he could do, and in M'hich he could earn his money. I am rather 
under the imprecision that the position which he occupies is not considered by various 
inspecting officials essential at a place like Neopit, and if that is the case, you should 
at once find some other work for him. 

Will you please make me, at the earliest practicable date, a vorv full report in the 
case of Mr. Dowling, his duties, his capacity, etc. 

Mr. ( hittenden on his return to Washington had much to say in praise of your work 
atMenoniinec. I feel from various reports that you are steadily in the way of accom- 
plishing the things at Menominee which you went there to do, and 1 repeat them here 
merely because it never does any of us any harm to be continually spurred on a little, 
no matter how much we may think we are spurring ourseh'es; so do not forget that 
they are: 

First, an Indian proposition particularly in the way of teaching the Indians to work, 
and always a little more at higher work, and to get as many as possiljle of the Indians 
at work. 

Second, to make of the Menominee forests a splendid example of a conservation 
proposition. I v,'ant the forest an example as to low stumps and cleaned-up brush. 

And, third, a paying logging and milling proposition .That this is a big combination 
in the way of a job goes without saying. 
Sincerely, yours, 

(Signed) R. G, Valentine, Commissioner. 

Mr. A. S. Nicholson, 

Supei-intendent Indian School, Neopit, V/ts. 



November 29, 1911. 
The honorable the Secretary of the Interior. 

Sir : I have the honor to acknowledge the receipt, by your reference, of a communica- 
cation from Inspector E. B. Linneu, with inclosures, wherein charges are made by- 
several Indians against the superintendent '^:i the Keshena Indian school, Capt. 
Nicliolson. 



818 MENOMINEE INDIAN RESERVATION. 

These charges, preferred by Menominee Indians, should, in my opinion, be investi- 
gated. 

In case you deem it advisable to investigate them, the attention of the investigating 
officer should also be called to certain charges filed by John Gauthier, a dismissed bam 
boss. 
The record now in the Indian Office is inclosed herewith. 
Respectfully, 

(Signed) R. G. Valentine, Commissioner. 



Department of the Interior, United States Indian Service. 

Keshena Indian School, Keshena, Wis. 

Neopit, Wis., December 4, 1911. 
The Hon. Robert G. Valentine, 

Commissioner of Indian Affairs, Washington, D. C. 

My Dear Mr. Valentine: I am in receipt of your letter of November 28, and have 
thoughtfully studied your comments. This reply is meant to be a frank expression 
of the facts, such as I believe you want and such as stands out clear without any 
enlargement. Let me say first that I wish to have the position and duties of the super- 
intendent of live stock discussed without any consideration of Bennett's relation to 
me. He is the kind of a man that stands on his own ground and would so want it. 

I regret sincerely that any inspecting officer would make a report without being 
thoroughly conversant with all the facts and sides of any case. I could only account 
for the" report to you, that the present position of superintendent of live stock is not 
essential to the operation here, on the grounds that a story had been given to the 
inspecting officer that looked plausible on the surface and apparently sub.stantiated 
by circumstances, or from a direction apparently reliable. The conditions here have 
been such as to make it necessary for one to know the past to get the real truth. I say 
this because of a remarkable coincidence. The day before I received your letter I 
was visited by an Indian — Reginald Oshkosh — one of several of a disturbing element, 
composed of the old business committee. He formerly occupied a position here at 
1900 per annum, for which he performed no work, and which position had been recom- 
mended abolished by Inspectors Lennon and Farr, before I came here, which was 
carried out by my approval after my arrival on the job. This Indian has been con- 
tinually after some place, as he puts it "easy work and good pay," where he would 
have time to look after what he calls interests of the tribe. I gave him a chance in 
several capacities at real work, but he quit. He told me bluntly that I had a relative 
employed here, Mr. Bennett, and friends, Mr. Dowling and Mr. Coit; that they had 
easy jobs and got good pay, and that he and other Indians had complained on this 
and would make trouble. ' He intimated that I fix him up and everything would be 
O.K., and I told him figuratively, "to get." My real words were that no man would 
have a job under me unless he did something to show for it. This same Oshkosh, 
with others, Oshkenaniew, La Bell, Stick, and Amour put up a job at the last council, 
when but few members of the tribe were present, and had themselves elected to a 
committee on tribal interests, with a resolution that they be allowed $100 per month 
wages, which was not approved by the office. When I spoke to you about Mr. Ben- 
nett before coming here,^it was because of a talk I had with Mr. King, who was familiar 
with the operation. He mentioned this position and what he conceived its duliea 
and values were and I realized that Mr. Bennett might be a valuable man, if the con- 
ditions were as reported. I took charge on July 1, 1910, and made a careful investi- 
gation of every position, the duties and worth to the operation. This position was 
one. It was vacant, the former incumbent having resigned, not having done any- 
thing for his salary. To bear this out, my reports on Neopit during July, August, and 
September will show. It was not until some months after, in October, that I was 
satisfied that the right man would be of real worth here and that I recommended 
Mr. Bennett's name to you. Mr. Bennett is a practical farmer, breeder, and horse- 
man, his people being so for generations. He has owned, raised, and broken his own 
horses from draft to thoroughbred, as well as other general stock. The salary of the 
job here is no incentive to him. He is a lover of animals, knows their wants, and is 
really only here because of sentiment for me. Being in the place, he takes pride in 
his work. It is said the place is not essential here; I inclose a copy of an extract 
from one of my reports. Let me show some of the facts of value that do not appear 
to the casual onlooker. Every horse on the job, some 80 head, and in prime condition 
to-day — no sale of useless horses held, because they each and everyone have received 



MENOMINEE INDIAN RESERVATION. 819 

the proper atteulion and care. This is something of a saving. Upon Bennett's 
arrival here two line horses were in such condition that they were on the verge of 
being condemned. Bennett said "Let me have them for a few days. I will have 
them at work in a few weeks." Even the barnmen and Indians laughed — they were 
in such bad shape. To-day they are working and are two of the most valuable horses 
we have; a credit of $500 at least. During the past year at least a dozen horses were 
badly hurt in the woods, so much so that they would have to be sold under ordinary cir- 
cumstances. They were cared for and brought into fine shai)e — some credit is due here. 
Dozens of cases of horse sickness, such as colic, etc., in which horses would ordinarily 
die, unless expert treatment was given them — credit here the services of a veterina- 
rian saved. Not one call was made. Attending to duties until late at night at the 
barn, going to attend horses at camps or barns, sometimes distances of miles, at all 
hours, in every kind of weather — at least some credit due here. Common occuiTence 
under old conditions to have outside teams fed at our barns at the operation's expense 
and harness and parts of taken — these things have stopped since Mr. Bennett was on 
the job — a considerable saving here. Mr. Bennett pointed out the necessity of the 
horses being rested and freshened up by green pasturage in the summertime in the 
slack period, where heretofore they stayed at the barns at our expense. This was a 
saving in the cost of feeding idle horses. He formulated a plan of idle horses being 
let out to careful Indians to help farming, as they only have pony teams — some credit 
due here. We put out a dozen teams this way and every team had a month's pas- 
turage, with a saving of feed. He proposed the farm plan and developed it as another 
saving in the operation's expense in feeding and camp supplies. He looks after two 
stallions and the breeding line. We have now 19 mares in foal. I could go on and 
quote you numberless cases of real value to this reservation, supervision and advice 
to the school on stock, advice and help to the Indians in care and cure of their stock — 
such as it is. Personal supervision of the new farm and its development with the 
Indians under his charge. A saving made in the purchase of 10 head of at least $500. 
A saving made in the purchase of two stallions of over §1,500; we being allowed for 
the purchase $3,000 on an estimate given and bought them for the actual amount of 
$1,250. Responsible for at least 60 gardens in this town alone. He built a hot- 
house, developed vegetable plants, gave them away, furnished seed, advice, and 
really started farming anew on this reservation. But why go on — his services have 
really not cost this operation 1 cent, but he actually produced a profit. I figure 
him in the reduced cost of operation here equally with any other man on the job. 
Let me further say that we have had three horses killed and in every instance through 
carelessness of Indian drivers. Bennett's courtesy and treatment of the Indians" is 
marked, and I venture to say that he is the best-liked white man here. Out of a num- 
ber these are two special instances of dii-ect savings under his charge : Shoeing horses, 
for a period of eight months, to June 30, 1910, $195.60; shoeing horses, for a period of 
15 months, up until September 30, 1911, $140.10. Labor charged to barn expense, 
for a period of eight months, to June 30, 1910, an average of $189.45 per month. Labor 
for a period of 15 months, to September 30, average $165.68 per month. These are 
items in barn expense. 

Concerning Mr. Dowling: He is superintendent of construction. As such, he super- 
vises all construction work in town of whatever natiu-e. He has drawn plans for 10 
houses for the operation, and they have been built and at an extraordinary low cost. 
Under his regime the town has been platted into blocks, streets, and lots. He has 
established a book record, in which are kept all transfers of property, which are con- 
stantly occurring among the Indians at all times. He is responsible for the care and 
upkeep of the buildings, making estimate of costs, repairs, fvud necessities therefor. 
He is, in fact, general town clerk and official of every capacity. He sketches plans, 
makes estimates, and t\u-nishes the Indians with information on building. Under 
office instructions that all building done here be done with proper regard to health, 
light, and heating conditions, he looks after this. He has personally planned and 
built under his supervision perhaps a dozen cottages, all models of neatness and use- 
fulness, for Indian residents here. He has drawn and has had accepted by the office 
plans for the proposed enlargement of the Keshena School, presenting specifications 
and estimates of cost, etc. This embraces the school, assembly hall, dormitory, san- 
itary bath and toilet, and outside buildings. He drew plans and specifications for 
the Keshena Hospital and supervised the construction of the same. In addition, he 
is called upon for any special line that may come up. For instance, he helped out 
in the preparation of annual statements, assisting the cost keeper in the preparation 
of figm-es. He frequently works at the office until late in the evening. He is a 
Princeton man, and was in the building business with his father, a large builder in 
Brooklyn, N. Y. He was out on a vacation trip when the vacancy occiuTed. Know- 
ing his qualifications, I proposed the place to him, and lie arcepted. He is a quiet, 



820 MENOMI^'EE INDIAN KESEKVATION. 

likeable lellovv, who does his work without display; athletic, energetic, with an excel- 
lent education. He is a practical draftsman and builder, and, above all, one of the 
most gentlemanly fellows here. He looks after all rentals, complaints of householders, 
and remedies same. He practically lakes the cares of the town off my hands, leaving 
me free for the major operations. One particular department under him shows a large 
increase in profit — almost double that of last year. Here are the figures: Rentals, 
for a period of eight months, to June 30, 1910, hotel lost, §557.03. Rentals profit, 
$1,138.92. Net profit, S581.89. For a period of 15 months, up to September 30, 
1911, hotel profit, $30.70. Rentals, 12,816.21. Total net profit, $2,846.91. There is 
no question but that his services have paid here. 

Concerning these two places here, I assure you that if they were not necessary they 
would not be here. In some respects, on account of the manifold duties performed, 
the titles may be misnomers, but were they not here some one, or perhaps more, would 
be doing the work that is attended to by them now. 

I appreciated very much Mr. Chittenden's visit. I learned some things from him, 
and of course like to hear that I am doing things. I welcome and invite criticism, 
as I learn much from it. 

Patting on the back but blinds a person. I have before me at all times the three 
propositions, as you put them to me; first, the Indian proposition. You will find 
here now many more Indians employed than ever before. I keep putting them at 
tasks suitable to their capabilities, and, in spite of their disinclination to steady em- 
ployment, notice gradual and encouraging signs of progress toward profitable labor. 
The third clause, making the operation a paying proposition; it has started, and I 
am going to keep it going. The second proposition, making the Menominee forests 
an example of conservation principles, has been the most delayed and is one of the 
hardest jobs, owing to the conditions and emergencies of the past; only an attempt 
could be started. Last winter and this summer was but a herculean effort to save 
property and prevent great loss. If you have read The Blazed Trail, no task there 
written was any greater than our job here. We won. Prior to your letter, prior 
to, Mr. Chittenden's visit, my logging superintendent and I talked many times on 
this subject and discussed matters and principles. Copies of instructions inclosed 
will give you some idea of the line we are pursuing, \tlien it will be remembered 
that three of our five camps are in charge of Indian foremen, brought up under old 
logging conditions and most of their labor Indians who can see no good in piling and 
burning brush or in modern forestry; when you consider that our other labor in the 
woods is the dregs of the unemployed — Polish mostly — and know their unskillfulness, 
our distance froui labor centers, the dislike of labor to come here on the reservation, 
under reservation regulations, it causes wonder that things are as good as they are. 
I have had this expressed to me many times by visiting lumbermen. One thing more 
makes cutting here not look sos well: It should be remembered that winter broke the 
first part of February and there was absolutely no chance to clean up. We started 
October 1, 1910, built a railroad, logged 30,000,000 feet, hauled and delivered it to 
the mill by September, 1911; men worked day and night to the limit, beyond belief. 
I never saw its like, and I have seen some experience in my years. 

I hope that I have made this clear and that you can pick the kernel from the chaff 
and absorb what you want. Believe me. 
Yours, faithfully, 

A. S. Nicholson. Superintendent. 

January 4, 1912. 
Mr. A. S. Nicholson, 

Superintendent Keshena Indian School, 

Neopit, Wis. 
My Dear Mr. Nicholson: The office has received your letter of December 4, 1911, 
regarding the work being done by Mr. Bennett and Mr. Dowling. 

Your answer in the case of j\Ir. Bennett is satisfactory. I simply caution you once 
more to make perfectly sm-e that there is no just ground for criticism in his case, as I 
warned you when I told you that you could employ him. I never saw a case yet 
where such a course did not open a man to criticism — all that you can do is to be sure 
that it is not justified. 

I have never ceased congratulating myself that there is not in the Indian Service, 
and I have been in it seven years, any relative of mine, or anyone who was a friend 
of mine before he entered the service. 

I do not feel quite so satisfied with your statement regarding Mr. Dowling. I should 
like to hear from you further in that'matter. 
Respectfully, 

(Signed) R. G. Valentine, 

Commissioner. 



MENOMINEE INDIAN RESERVATION. 821 

Department of the Interior, 
United States Indian Service, 

Menominee Indian Mills, 

NeopU, Wis., January 10, 1913. 
Hon. R. G. Valentine, 

Commissioner of Indian Affairs, 

Washington, D. C. 

My Dear Mr. Valentine: Replying to your letter of January 4, in reference to 
complaint against employment of the superintendent of live stockand superintendent 
of construction, permit me to say that no consideration of any nature has been allowed 
to enter in the employment of men concerned other than that of ability and value to 
the job here. When this operation came under my super\asion, I proceeded to in- 
vestigate and determine the value of every employee, no matter how humble the 
nature of his work. I mapped out the plan of organization needed to run the work 
successfully and built up our organization from the men I found on the ground. 
Naturally, when a man was needed for some particular place I had to get him outside. 
When he had to possess qualifications of certain nature I had to know all about him, 
through other sources, besides the story he told me. This is necessitated, as you well 
know, owing to general practice of men in feeling that they do not have to produce 
some work for the Government as they would for a private concern. Ability of the 
man, not the relationship in any capacity, whether that of previous acquaintanceship 
or otherwise, was, and is, the determining factor. I sought these two men, they did 
not seek me. Correspondence records of this office will show this. I had looked for 
the men out here, but could not cross the right men for place. I knew something of 
these men and recommended them to you. 

In the organization here] there is not a single place recommended by me that the 
occupant is not of value. Mr. Dowling increased the net earnings of his department 
(real estate) from 3| per cent to 6^ per cent. This past fall this" plant was inspected 
by Mr. Goodman, of Goodman, Wis., who conducts similar operation in northeast 
section of State. He built his own town, schools, etc., for employees. He was greatly 
interested in our town. He inspected our houses in process of building, locked over 
Dowling's plans, and took copies, together with costs, etc. He told me that we out- 
done him, and he was priding himself on his work. Mr. Kemnitz, of Green Bay, 
another lumberman, said \-irtually the same, and Mr. Dowling has to-day a standing 
offer from these gentlemen, that any time he desires a change, to enter their employ. 
Men of his kind are scarce in this country. I do not know that there is anything I 
can add further in this case beyond what has already been said.- I am satisfied, that 
on any case, any part of this work, that proper explanation and showing can be made, 
clear and convincing, to even only halfway fair-minded men. So firiii is my resolve 
and belief in proper methods of doing things, that if results demanded and my own 
position was superfluous to this operation, T would at once notify you with recom- 
mendation. 

I trust I have made this clear to you. 
Sincerely, yours, 

A. S.Nicholson, Superintendent, 



Department of. the Interior, 

Washington, December 4, 1911. 
The Commissioner of Indian Affairs. 

Sir: The department is in receipt of your letter of November 29, returning the com- 
munication from Inspector E. B. Linnen, with inclosures from several Indians re- 
flecting upon the operation of the timber work on the Menominee Reservation, which 
is in charge of Mr. A. S. Nicholson, superintendent. 

The statements of these Indians do not seem to reflect to a serious extent upon the 
superintendent, one of the letters merely stating that one of the employees in the saw- 
mill was found asleep one night when he should have been at work; the other letter 
states that the timber is not being properly cut, but that a large per cent is being 
wasted. The other papers transmitted by you include a communication from John 
Gauthier, a former employee on the reservation, which, in a way, charges the superin- 
tendent with nepotism and favoritism toward certain employees. It appears that you 
addressed a letter to the superintendent asking him for a report as to the dismissal o 
Gauthier, and his reply shows that Gauthier was not dismissed but that when he was 
reprimanded for not properly performing his work he voluntarily quit. 

In view of all the circumstances, the papers in this case do not seem to warrant an 
investigation of the superintendent and the work on his reservation by a department 



822 MENOMINEE INDIAN RESERVATION. 

inspector at this time, particularly in view of the fact that under date of November 
28 you addressed a personal letter to Mr. Nicholson asking him for a report as to the 
employment of his father-in-law, whom you state you gave Nicholson permission to 
employ, and also a report as to Mr. Dowling, who is one of the employees mentioned 
as a "pet" of Mr. Nicholson. Furthermore, in this letter of yours to the superin- 
tendent you state: 

" Mr. Chittenden on, his return to Washington, had much to say in praise of your work 
at Menominee. I feel, from various reports, that you are steadily in the way of ac- 
complishing things at Menominee which you went there to do." * * * 

It would therefore seem that in your own opinion these charges against Mr. Nicholson 
are not of a sufficiently serious nature to warrant an investigation by a department 
inspector, and the papers are returned herewith. If Mr. Noicholson's reply to your 
letter of November 2S is such as to warrant an investigation, it is suggested that, unless 
more serious charges develop, the matter could properly be investigated by an inspect- 
ing official of your own service. 
Very respectfully, 

Fisher, Secretary. 

Inclosure. 



February 14, 1912. 
Mr. John Gauthier, 

Keshena, Wis. 
Sir: In further reply to your letter of August 2, 1911, complaining with reference 
to the action of the superintendent in dismissing you from the service, you are ad- 
vised that information on file shows that you were not dismissed, but left the service. 
The superintendent reports that you are now employed as laborer on the reconstruc- 
tion of the hospital. 

Further action regarding the charges does not seem to be necessary and should you 
have any further complaints to make, it is suggested that your statements be made 
under oath. 

RsepectfuUy, 

(Signed) C. F. Hauke, 

Second Assistant Commissioner. 



February 13, 1913. 
Hon. Walter L. Fisher, 

Secretary of the Interior, Washington, D. C. 
Sir: Answering your letter of the 13th instant, I beg to call your attention to the 
fact that all of the information you request therein was transmitted with my letter 
dated November 11, 1912 (more than three months), in which you were requested to 
permit the Menominee Indians to hold a tribal council meeting for the purpose of 
selecting and employing an attorney or attorneys on an annual salary, to represent 
said tribe, said employment to be subject to your approval. The necessity for such 
employment and the work to be done was set out with particularity in the preamble 
to the proposed resolution prepared at then' direction, to be considered by the Menom- 
inee Indians in tribal council, provided only that you permitted the Indians to hold 
such council meeting. The proposed resolution, draft of which has been on file in 
this case for more than three months, is as follows: 

Whereas the Menominee Indians are the o\vners of 10 townships of land situated in 
the State of Wisconsin containing approximately 1,750,000,000 feet of merchantable 
timber of an estimated value of $10,500,000 (Senate Doc. No. 719, Gist Cong., 3d sess. 
p. 3844); and 
Whereas the State of Wisconsin claims (under certain acts of Congress donating to 
said State certain lands for school purposes and certain lands known as swamp 
lands), title to more than 35,000 acres of said land embraced in the Menominee 
Reservation, and has heretofore cut a large quantity of timber therefrom and sold 
and disposed of the same and appropriated a part of the funds derived therefrom, 
the remaining funds being held in escrow by agreement until the title to said lands 
may be determined by appropriate proceedings to be hereafter instituted, the value 
of said land and timber cut therefrom being approximately $2,000,000; and 
Wliereas_ the Menominee Indians claim that the Stockbridge Tribe of Indians is 
justly indebted to them for the value of timber cut by said Indians, or by the United 
States and tihe funds paid to said Stockbridge Indians, on what is known as the two- 
mile strip, and which was a strip of land extending 2 miles wide and across two town- 
ships, owned by the Menomiuees, to the Wolf River, and which strip of land the 



MENOMINEE INDIAN RESERVATION. 823 

Menomineea allowed the Stoekbridges to use iii order to secure an outlet to said 
river; said claim dej)cnding largely upon oral testimony which can only be ob- 
tained from the older members of the two tribes, who, by reason of ago and dis- 
ease, are rapidly disappearing, and which said claim is in excess of $].50,000; and 

Whereas many of those persons known as "mixed bloods" and who accepted funds 
under the treaty of October 18, 1848, in full payment of all their separate interests 
in the tribal property, arc now asserting a right to share ecpially in the funds and 
property of the tribe with all other members thereof and are now prosecuting their 
claims before the Congress of the United States, there being grave danger that 
Congress may, upon the ex parte show^ing made by said claimants, allow a part or 
all of said claims, to the great and lasting injury of the present membership of the 
tribe; and. 

Whereas there are many other claims arising out of t.r(!aty stipulations which the 
Menominee Indians have against the United States which can only be settled and 
determined by a reference of said claims by act of Congress to the Court of Claims 
of the United States and the prosecution of said claims thereafter before said court; 
and. 

Whereas the 1' gging and lumbering operations carried on under the acts of June 28, 
1906 (34 Stat. L., 547), and March 28, 1908 (35 Stat. L., 51), have proved unsatis- 
factory to the Men(>minee Indians, the tribe having sustainecl a loss during the first 
two years' operations, and pri r to November 1, 1909 (as shown by tlie report of 
S. J. Cclter, chief eighth field division, and dated Februarv 23," 1910 (S. Doc. 
No. 719, 61st Cf:ng., 3d sess., vol. 7, p. 3761), of $731,780.30, and a further hss since 
November 1, 1909, of more than 1600,000; and. 

Whereas the present unsatisfactory conditions of the logging and lumbering opera- 
tions on the reservation have existed since the Menominee Indians were deprived 
of any voice in the management of their own property or any participation in the 
logging or lumbering operations, and since all logging and lumbering operations 
have been conducted exclusively under the control and management of the officers 
of the Government of the United States pursuant to the authority contained in 
the act of March 28, 1908 (35 Stat. L.. 51); and, 

M^hereas if the present un.satisfactory condition continues it will result in great loss 
to the tribe, the only remedy being the assertion by the tribe of a claim against the 
Government of the United States for the extent of the damages it has already, and 
may hereafter sustain by the mismanagement of its property by Government 
officers, which is now going on, against the protest of all the Menr.rainee Indians; and 

Whereas the Menominee Indians are desirous of cooperating to the fullest extent with 
the officers of the Government of the United States to the end that their property 
may be conserved and all logging and lumbering operations may be conducted 
economically and wisely so that the Menominee Indians may receive a proper and 
adequate return for their timber; and 

Whereas it is indispensable to the interest of the Menominee Indians, the proper 
management of their property and the prosecution of their separate claims against 
the State of Wisconsin, the Stockbridge Indians, and the Government of the United 
States that they may be permitted to employ their own attorneys, to be paid out of 
their own funds, who may appear and represent them whenever and wherever 
their interests are affected or involved; and 

Whereas the Menominee Indians have confidence in the ability and integrity of 
Webster Ballinger, attorney at law, of Washington, D. C, and David F. Tyrrell 
attorney at law, Gillett, Wis., and desire to employ them on an annual salary and 
their actual expenses to represent the tribe in any and all matters affecting the prop- 
erty rights of said tribe and in the prosecution of all claims of said tribe; and 

Whereas the said Webster Ballinger and David F. Tyrrell have indicated a willingness 
to accept such employment for a joint salary of $8,000 per annum and their actual 
expenses, which compensation the Menominee Indians believe to be reasonable 
and just; and 

Whereas it will require several years time in which to prosecute said claims to a final 
determination and to adjust the present unsatisfactory condition relative to the 
affairs of the Menominee Indians, and it is the desire of the Menominee Indians that 
the employment of said attorneys shall be by contract and for a period of five years: 
Now, therefore, be it 
Resolved, That the chairman be, and he is hereby, authorized, in the name of the 

Menominee Tribe of Indians, to enter into a contract with Webster Ballinger and 

David F. Tyrrell in accordance with section 2103 of the Revised Statutes of the 

United States, by the terms and provisions of which the said Ballinger and Tyrrell are: 
(a) To become the tribal attorneys of the Menominee Indians; 



824 MENOMINEE INDIAN EESEEVATION. 

(b) To appear and represent the tribe wherever and whenever its interests are in 
any way affected or involved; 

(c) To cooperate with the officers of the Government of the United States to the end 
that a better business and more economical administration of the logging and lum- 
bering operations on said reservation may be secured ; 

(d)To represent the Menominee Indians in the matter of the claim of the State of 
Wisconsin to about 35,000 acres of land granted by the Government of the United 
States to the Menominee Indians and situated within their reservation; 

(e) To prosecute the claim of the Menominee Indians against the State of Wisconsin 
for all timber cut by said State on lands situated within the Menominee Eeservation; 

(/) To prosecute the claim of the Menominee Indians against the Stockbridge Tribe 
of Indians arising out of the cutting, by the Stockbridge Indians, of the timber off a 
certain tract of land owned by the Menominees and commonly known as the two-mile 
strip; 

(g) To defend the Menominee Tribe in the matter of the claim of certain persons 
known and described as "mixed bloods" in the treaty of October 18, 1848, and their 
descendants to membership in the tribe and full property rights as such and which 
claims are now being prosecuted before the Congress of the United States; 

{h) To examine all treaties and agreements made and entered into by and between 
the Menominee Indians and the Government of the United States and the accounts 
and records of the Government and to report to the Menominee Indians upon any 
and all well-founded claims they may have thereunder against any nation, tribe, or 
individual; 

(?) To give and advise to the members of the Menominee Tribe at any and all 
times as to their tribal affairs, in consideration of which services the Menominee 
Indians agree to pay to the said Ballinger and Tj^rreil an annual salary of $8,000 and 
all necessary and actual expenses, including traveling expenses, incurred while 
actually engaged in any work for the Menominee Indians, the said contract to con- 
tinue in force for a period of five years from the approval thereof; and. 

Be it further resolved, That the secretary of this council be, and he is hereby, directed 
to transmit, through the United States Indian agent, to the Commissioner of Indian 
Affairs and the Secretary of the Interior a true copy of this resolution and the con- 
tract to be entered into hereunder in triplicate for their action thereon. 

On February 5, 1913, I transmitted to your office, at the request of the Menominees, 
a petition prepared in triplicate and the separate copies signed by more than 200 
adult male Indians and containing the names of practically every Indian of standing 
on the reservation, appealing to you to permit them to employ their own attorneys 
for their own protection and setting out clearly the reasons therefor. With these 
papers before you, but which you personally never had opportunity to consider, you 
advise me in your letter of February 13, 1913, as follows: 

"As to the claims against the United States the department has adopted the uni- 
form rule of requiring attorneys who wish to negotiate with Indians on tribal mat- 
ters to make a statement setting forth the nature of the matters or claims in which 
they propose to be retained as attorneys, giving the facts so far as known to the appli- 
cant in detail; also the general nature of the contract which it is proposed to make, 
and in case the matters to be taken up are such as would require i)recedeut action of 
Congress in submitting the matters for adjudication to the Court of Claims or other 
tribunal, that the applicant attorney shall state fully reasons why employment is 
necessary before Congress has so acted. If you will comply with this practice, the 
department will give your application careful consideration in connection with other 
applications which have been filed for permission to negotiate with the Menomine 
Indians." 

This clearly indicates, to my mind, that the record on file was not even examined 
by the subordinate official who prepared this letter for your signature. 

The first four paragraphs of the preamble to the proposed'resolution set out suc- 
cinctly and with reasonable particularity the exact claims covered, the complete 
facts with reference to which are well known to the officers of the Indian Bureau and 
your office. 

The controversy with the State of Wisconsin is one of long standing. It could and 
should have been disposed of years ago. There is ample existing jurisdiction in the 
courts to hear and determine this question. But the department, possibly owing to 
the fact that the United States may become involved, has neither attempted to adjust 
these titles nor has it up to this time permitted the Menominees to employ counsel 
and secure an adjustment of this controversy for themselves. In the meantime, the 
money held in escrow, being a part of the proceeds of tl.e timber cut, is lying idle, 
the ownership of the lands remains undetermined, the timber thereon is going to 
waste, and the Indians are being deprived of the funds collected by the State of 



MENOMINEE INDIAN RESERVATION. 825 

Wisconsin from a part of the timber cut and sold. The State is now preparing io take 
action to perfectits title, asAvill appear from the attached n('\vs|iu|)er clipi)ing. While 
the State is thns perfectiiiif ils case iiotlunt;' is !>(>iiit;' ddne Idward preparing,' the case 
for the_ Indians by the dei)artment, and liie Indians are denied the rit^dit to appear 
by their own counsel and defend their lawful ])roperty rights. 

The Stockbridge claim is equally well known to tli'e oflicers of the department. It 
is of more than 40 years standing. " Some ste])s nnist be taken without further delay to 
secure a jurisdictional act permitting the ;idiusinient of this matter or the claim will 
be lost, as it rests almost entirely upon i>;iiiile testimony, and those Indians of both 
tribes who have a personal knowledge of 1 li is mat tor are rapidly dying off. The depart- 
ment can not and will not secure legislation by Congress authorizing a determination 
of this matter, and without such legislation no action can be taken. 

The claims of the "mixed bloods" who accepted funds under the treaty of October 
18, 1848, have only within the last few years been denied by the department. These 
claimants, numbering several himdred, have appealed to Congress for relief from 
what they claim to be the unjust action of the department in excluding them from 
any right to now share in the property of the tribe. Bills have been introduced in 
both branches of Congress for their relief, and a subcommittee of the House Committee 
on Indian Affairs prepared a favorable report on one of the bills. This matter should 
be well known to the oflicers of the department, as the matter was within the last 
four years passed on and decided by the department, and the department has within 
the last two years been called on by the committees of Congress for reports on bills 
designed to reinstate these people into full tribal rights, and reports have been 
submitted. 

The next paragraph in the resolution relates to other claims arising out of treaty 
stipulations, which can only be ascertained by a careful review of the treaties and an 
examination of the departmental records. The Menominee Indians are entitled to 
have an accounting from their guardian of the management of their estate by it. The 
time is not far distant when the lands of this reservation will be allotted in severalty, 
and before that time arrives the Menominee Indians are entitled to have their accounts 
with the Government examined into and to know with absolute certainty whether 
their guardian has honestly and faithfully adiriinistered its trust in accordance with 
the treaty provisions. 

The next paragraph relates to the logging operations on the Menominee Reserva- 
tion. Upon this point, in your letter of the 13th instant you say: 

"With respect to the logging and timber operations, the department can not author- 
ize the employment of attorneys, as the duty of supervision such operations devolve 
by law upon the department and its representatives. Men experienced in forestry 
work have been employed, and the operations on the Menominee Reservation are 
now being conducted at a profit." 

The Menominee Indians are not satisfied with the logging operations heretofore 
and now being conducted under the supervision of the Government officers. The 
official report referred to in the resolution shows that between June 28, 1906, and 
November 1, 1909, the Menominee Indians actually lost in the logging operations 
conducted under the same "men experienced in forestry work," $731,780.30. The 
loss since November 1, 1909, to the Indians has been in excess of $600,000, as can be 
easily shown by an examination of the accounts. If all of the timber thus far cut and 
sawed into lumber was sold together with all of the improvements made by the 
Government in connection with logging operation it would not amount together with 
the funds on hand to as much as the original fund when the Government commenced 
logging operations for the Indians in 1907. The fund amounting to upward of 
$3,000,000 existing at the time the Government took charge of this work was built up 
by the Indians from logging operations conducted by them in their crude way. The 
Government took charge of these operations in order that they might be conducted 
according to approved economic business methods, and in order that the Indians 
might secure the full profits from their timber. Thus "the men experienced in 
forestry" while the Government has been in charge of this work have succeeded 
thus far in producing an absolute loss to the Indians of more than $1,000,000 in five 
years. These are facts, Mr. Secretary, and are fully sustained by the record. This is 
the result in part of existing law, which should be changed, but which the department 
is making no effort to change, and partly to the incompetent administration of the 
Government officers in charge. The Indians are endeavoring to minimize the Gov- 
ernment liability by the employment of counsel to cooperate with the Government 
officers in securing an economical and business administration of the logging opera- 
tions. The liability of the Government to-day arising out of the logging operations 
alone is in excess of $1,000,000, and that liability is being increased daily, notwith- 

35601— PT 8—14 8 



826 METSrOMINEE INDIAN RESERVATION. 

standing the statement in the letter jnst received that the '"operations on the Menom- 
inee Reservation nvp. now bein? conducted at a nrofit. " 

These Indians have been compelled to sit idly by and see their property dissipated 
by Government officials, some of whom have been notoriously incompetent, and their 
funds squandered in wild experimentation. The timber now being cut is owned by 
these Indians. They are asking not to be i^ermitted to employ counsel for the pur- 
pose of antagonizing the governmental authorities in the logging operations, but for the 
purpose of cooperating -with the administrative officers to the end that existing abuses 
may be corrected, an insolvent enterprise may be put upon a solvent and paying 
basis, and that they may secure the full fruits of their property without subsequently 
prosecuting a claim against their guardian — the United States. They want to be in 
a position to learn and know the exact facts and to be able to come to you with any 
grievances they may have and to be able to intelligently present them. The Indians 
themselves can not do tliis. You know that. There is ample authority under the 
law to grant their request. It is just and proper. Why then deny them what appears 
to be a clear right and leave tliem helpless and powerless? 

The purpose of the employment, its extent and compensation, are set out with par- 
ticularity in the resolution. It would be practically impossible to state them more 
succinctly. 

Neither Mr. Tyrrell or myself ever sought this employment. The Indians appealed 
to us to accept such employment and endeavor to adjust conditions on their reserva- 
tion that have become intolerable. Neither of us will permit ourselves to be put in 
the position of soliciting the employment. But regardless of our selection, these 
Indians are entitled as of right to some proper representation by counsel. It does 
not seem possible with the situation known and \inderstood to the administrative 
officers that the reasonable request made will be denied. To deny it would simply 
amount, under the guise of protecting these helpless people, to despoiling them of their 
property. 

In their behalf I therefore urge that they be permitted to employ competent counsel 
to re])resent them in the matters hereinbefore set out, and thus relieve them of the 
necessity of going to Congress and securing an investigation that could not result in 
benefit to the department or redound to the credit of the administrative officers who 
have had direct charge of the affairs of these Indians. Unless some relief is granted 
legal claims rising into the millions of dollars will fully mature against the Government, 
wliich it will take years to prosecute, but which will be ultimately paid. I therefore 
ask for early action on tliis matter. 
Very respectfully, 

Webster Ballinger. 



Keshena, Wis., September 2, 1913. 
Hon. Thomas F. Konop, 

Member of Congress, Washington, D. C. 
Sir: We, the Menominee Indians, have been anxiously waiting for the administra- 
tion to relieve us from our corruptly managed affairs by our present superintendent, 
A. S. Nicholson. 

Our superintendent is a very undesirable man by the tribe. We have been looking 
for an investigation, but it seems that our wishes are at a standstill. 

Please, kindly intercede for us, and if possible, let us know if we may expect any 
move by the department in this line. When in your city last March you said that a 
committee would be appointed to see after the affairs of the Indians, particularly our 
milling operations. Hoping to hear from you, 
I am, your servant, 

F. S. Gauthier. 



[Shawano County Advocate, Tuesday, January 14.] 

the menominee indians — those on the government reservation seem to be 
dissatisfied. 

The following article was jjublished in the Northwestern last Saturday, and as it is 
of interest to the readers of this paper we publish the same. We do not know any- 
thing about the conditions there, but print it as written: 

Neopit, Wis., January 10, 
The Menominee Indians are very much dissatisfied and disgusted with Supt. 
Nicholson because they say they can see with their own eyes that he has not the 



MENOMINEE INDIAN RESERVATION. 827 

ability nor the business experience to lit liim to manage with success, financially, 
such a big enterprise as that undcrliikcn al Xcojiii, Wis. 

They say that their timber is Ijciiii,' wasicd, ilicir business mismanaged, and that 
their money wliich they have accutnii laird in ihc United States Treasury in the past, 
by years of toil and hardship, is fast disai)pearing and growing smaller instead of 
increasing as it should be if the business was properly managed as private lumber 
concerns manage theirs. 

They are also getting suspicious. They smell that something is growing wrong 
somewhere which ought to be looked into and exposed. With this end in view, 
prominent members of the tribe have been actively engaged in running backward 
and forward among the members of the tribe. Secret conferences have been held 
here and there. And finally it appears an agreement has been reached by the leading 
members of the tribe which ha* resulted in a petition being signed by the members 
of the tribe which was lately forwarded to Washington, D. C, requesting the Secre- 
tary of the Interior to permit the Menominee Tribe of Indians to employ an attorney 
at law to work for them and to help them to look into and to investigate if any wrong 
or injustice has been done to the tribe in connection with the logging operations, 
manufacturing and sale of the lumber belonging to the Menominee Tribe of Indians, 
and for other jjurposes. 

The Menominees say that Nicholson ought to be removed from here at once, because 
he is not fit for the position he now occupies. A year ago this winter the Menominees 
made a complaint to the Government against Nicholson, looking to his removal. 
Soon after a man by the name of Hamilton was sent from Washington to the reserva- 
tion to investigate the matter. This man, according to what the Indians say, made 
a report of his findings to Washington and whitewashed Nicholson, and tlie Menom- 
inees think that this saved Nicholson from being removed. 

Because the authorities at A\'ashiugton did not do what they thought was just in 
the matter of their complaint against Nicholson, the Menominees look with much 
disfavor upon the present administration at Washington. And it is with a feeling of 
great relief that they now look forward to the change of administration that will take 
place March 4 next. As soon as President-elect Wilson takes hold of the reins of 
Government, the Menominees say they will make a request that Nicholson be kicked 
out of here as soon as possible, so that he will land in New York or somewhere else, 
where he should have been kept all this time, instead of being sent here among the 
Menominees to try to manage their business where he is not wanted by the Menom- 
inee Indians 

Mitchell Oshkenaniew. 



GiLLETT, Wis., December 31, 1912. 
Hon. Thomas Konop, 

Washington, D. C. 

My Dear Konop: Mr. Webster Ballinger, of Washington, D. C, and myself have 
a matter up with the Department of the Interior that I wish you would lend your 
aid and influence to. 

During the fore part of last October, while we were at Neopit, in the Menominee 
Indian Reservation, we were consulted by a large number of the prominent Indians 
of the Menominee Tribe with reference to matters of interest to the tribe. 

They informed us that the tribal funds and property were being squandered and 
wasted through the operations at Neopit; that the tribe had already suffered a loss 
of at least a million and a half, if not more, in money and valuable timber tlirough 
the operations at Neopit. 

They also informed us that the State of Wisconsin was asserting a claim to a large 
part of their reservation: that the tribe had a claim for a large amount against the 
Stockbridge Indians and the Government for timber cut on what is known as the 
"Two Mile Strip;" that the tribe also had large and important claims and rights 
growing out of treaties made years ago with the tribe: that a large number of persons 
claiming to have Menominee blood and known as "mixed bloods" were seeking 
enrollment in the tribe, and that a bill was now pending in Congress, they thought, 
to secure their enrollment; that many of the older and aged members of the tribe 
were important witnesses in the last tliree matters I have mentioned, and that unless 
immediate steps were taken to secure this evidence the tribe undoubtedly would 
lose many valuable rights and claims by the death of these aged members; that not- 
withstanding the great importance of these matters to the tribe, and the urgent need 
of counsel to look after them, the requests of the tribe to be allowed to employ counsel 
had been refused by the Interior Department. 

These Indians asked our assistance to secure for the tribe the right to em^iloy coun- 
sel to look after the tribal interests. 



828 MENOMINEE INDIAN RESERVATION. 

This we promised, and upon his return to Washington Mr. Ballinger took up the 
question with the Interior Department, after he had made a careful investigation 
of the whole matter and found them to be substantially as given by the Indians, and 
Mr. Adams, the Acting Secretary, informed him that if the Indians, through their 
council or through their proper officers, would submit a proper application and make 
a proper showing of the necessity of their having counsel the matter would be con- 
sidered. 

Upon receiving this information I at once took the matter up with the members 
of the tribe, macle a careful canvass of then*., and found the sentiment unanimous 
in favor of the employment of counsel. I attended several large meetings of the 
members of the tribe, and at every one of them the vote was unanimous in favor of 
employing counsel. Tlus canvass was made with the knowledge and consent of 
Mr. Eahart, assistant superintendent. 

Waiting until Mr. Nicholson, the superintendent, returned from the East, upon 
his return I took up the question of calling a council of the tribe for the purpose of 
allowing the tribe to enter into a contract for counsel, subject, of course, to the approval 
of the proper authorities, and was informed by him that he could not call a meeting 
of the tribe for this purpose ^vithout express direction so to do from the Secretary of 
the Interior. He also informed me that the contract of employment would have to 
be submitted to and approved by the Interior Department before it could be sub- 
mitted to the tribe and that an attorney was committing an offense, according to the 
rules of the Interior Department, who took the matter up with the tribe without 
first having secured permission from the Interior Department to do so. 

Mr. Ballinger thereupon took the question up once more with the Interior Depart- 
ment, and Mr. Adams requested him to submit the whole matter to the department 
in writing, which was done. 

The matter is now pending and has been for several weeks. 

These Indians should be protected, Tom, and it is their right to have counsel if 
they desire it, and certainly the facts in the case show that there is urgent need of 
counsel or the tribe will suffer severely. 

I feel, Tom, that the tribe desires to employ Ballinger and myself to represent 
them as counsel, and if allowed to have a council meeting that they will engage us. 
I wish, therefore, that you would urge upon the Department of the Interior the advis- 
ability of allowing the tribe to engage counsel, and, if the department will not do so, 
to endeavor to have a provision made by Congj-ess directing the Secretary of the 
Interior to allow them to have counsel. 

The Indians told me that if the tribe was allowed to employ counsel in whom 
they had a feeling of confidence and trust it would bring about a better and more 
harmonious feeling between the tribe and reservation ofhcers, for they would feel 
then that their rights were being safeguarded, and thus it would work for the benefit 
of the tribe's interest. I suggest, Tom, that you take up the question with Ballinger 
before taking the matter up with the department officials. You will do me a great 
favor if you will interest yourself in this matter. 

Wishing you a happy New Year, I remain, 
Your friend, 

D. F. Tyrrell. 



[George Vaux, jr., Philadelphia, Pa., chairman; Merrill E. Gates, Washington, D. C; WiUiam D. 
Walker, Buffalo, N. Y.; Warren K. Moorehead, Andover, Mass.; Samuel A. Eliot, Boston, Mass.; 
Frank Knox, Manchester, N. H.; Edward E. Ayer, Chicago, 111.; WiUiam H. Ketcham, Washington, 
D. C.; Daniel Smiley, Mohonk Lake, N. Y.; Isidore B. Dockweiler, Los Angeles, Cal. Frederick H. 
Abbott, Washington, D. C, secretary.] 

[Department of the Interior, Board of Indian Commissioners, Bureau of Mines Build- 
ing, Washington.] 

Chicago, January 15, 1914- 
Dear Mr. Robinson: Mr. Abbott will deliver to you, with my compliments, 
a copy of my report on the affairs of the Menominee Indian Reservation. 

It is possible that I may have something additional to submit, and if so, I will 
bring it to the meeting the 1st of February 
Yours, very truly, 

Edward E. Ayer. 
To Chairman Robinson, 

Senate Investigating Committee, Washington, D. C. 



MENOMINEE INDIAN EESERVATION. 829 

Chicago, February 11, 1914. 

Dear Mr. Robinson: On my first trip to Neopit I used the financial statement 
sent to me by Mr. Sell8,which showed the amount of infrease to the lo|?ging fund, 
something over four hundred and some-odd thousand dollars for the three years. I 
supposed that to be the entire stumpage and profit for the three years. 

You will see by Exhibit No. :^3 that the stumpage was $443,000 and the profit 
$245,000, making $688,000. The difference between the total receipts and the amount 
deposited, I suppose, was used in building planing mills, roads, railroads, and making 
general improvements. It should certainly show on the books of the mill. 

I write to show how it came that I used two different statements. The last, Exhibit 
No. 33, is the information I got from the Menominee plant.from the superintendent, 
Mr. Nicholson. 

If you will please put this letter with my report I will be much obliged. 
Yours, very truly, 

Edward E. Ayer. 
Senator Robinson, Washington, I). (J. 

(Exhibit No. 33 referred to will be found attached to report of Mr. Edward E. 
Ayer on the Menominee Indian Reservation, January 1914, page 746.) 



REPORT OF MR. EDWARD E. AYER ON THE MENOMINEE INDIAN 
RESERVATION, JANUARY, 1914. 

President Vaux and gentlemen of the Indian Commission, at our meeting in Wash- 
ington, early in November, 1913, it was stated that there had been certain complaints 
made in regard to the administration, etc., of the Menominee Indian Reservation, 
and I was requested by you to make a personal investigation of it. Your request was 
very warmly seconded by Secretary of the Interior Lane and Indian Commissioner 
Sells. 

It was getting late in the season; there had been no specific charges made, only that 
certain complaints had been made, so about the 18th of November I wrote to the 
Indian agent stating that I contemplated looking over the reservation and asked 
him if he would not come to Chicago, thinking that I would like to have a talk with 
him. He replied to me that he had just been East; there were some imperative things 
that he had to attend to and that he would come to Chicago about the 1st of December, 
which was about 10 or 12 days ahead. 

Immediately after that I got a letter from Commissioner Sells, dated November 20th, 
stating that he had had an interview with a gentleman by the name of D. F. Tyrrell, 
who had made charges against the administration of the Indian agent and his sub- 
ordinates, and that he had requested the gentleman to put his charges in writing, 
which he did the same date. I hereby submit Mr. Sells's letter and the charges as 
made by Mr. Tyrrell as Exhibit 1. 

Having something definite to go by, I then wrote the agent that I would arrive on 
the reservation on November 28th. 

I told Commissioner Sells in Washington that when I made this examination I 
would want him to send me one of the most reliable wood rangers that he had. I also 
brought to Cliicago Mr. L. P. Holland, one of our leading superintendents from the 
South and a gentleman who had had more than 20 years' experience in logging, etc.; 
also made arrangements with our company to take Mr. Pliilip R. Smith, our secretary 
and treasurer, an expert bookkeeper and a man who had also had large experience 
going over oiu- different cuttings for 20 years back once or twice a year; and also Mr. 
William Anderson, one of our best stenographers; my theory being that I wanted to 
have gentlemen of experience, absolutely unknown" to the" reservation or what had 
ever been done there, to make the examinations for me. 

Upon arriving at Shawano the morning of November 28, a gentleman introduced 
himself to me as Mr. Tyrrell, the gentleman who had made the charges on the reser- 
vation. Commissioner Sells, in Exhibit 1, you will note, had said he thought it 
would be well for me to give Mr. Tyrrell an interview. Under the conditions of Mr. 
Tyrrell's letter I concluded to do much more than that — that I wanted to give him 
every opportunity possible to substantiate these charges. 

After arriving at Neopit and getting settled, meeting Mr. Nicholson and being 
introduced to some of his force who were there, we went over the mill property and 
into the yard and examined its condition, accompanied by Mr. Tyrrell and I would 
say eight or nine Indians, who were expected to produce evidence of maladminis- 
tration in the cutting, piling, and care taking, etc., of the lumber and the conditions 



830 MENOMINEE INDIAN RESERVATION. 

of the yard . We were also accompanied by the Indian agent, the foreman of the yard, 
the superintendent of the mill, Mr. Holland, and Mr. Smith. 

In regard to the conditions of this mill, I want to exhibit the testimony of Mr. 
Holland (Exhibit 2), Mr. Smith (Exhibit .3), and Mr. Louis Komnitz, a gentleman 
who was buying the elm logs and who had experience with most of the large yards 
in Wisconsin and Michigan (Exhibit 4). 

I found that the yard had been formerly laid out largely over a deep slough; that 
they had driven piles in, forming foundations for the piles, in some cases 50 feet 
deep or more; that the trash of the mill had been used, as it is in all such places, to 
fill in this slough, and in several cases after being filled to the yard level had sunk 
8 or 10 feet, and sometimes more, down into the water. I refer to the testimony of 
the yard foreman, Mr. Nelson (Exhibits), who has been in that capacity since the 
mill was located, during the administration preceding the present one. 

1 found that the waste in miscuts was not larger than usual in first-class mills and 
the surroundings and the yard itself was in as good condition as could have been ex- 
pected, the mill only having been shut down a short time, it being a well-known 
fact that it is impossible to keep any yard clean when you are running night and day. 
It seems half of the mill was shut down November 1, when they immediately com- 
menced to clean up the yard, and the other half about the 12th, when they ]nit still 
more men on the work of cleaning, according to the testimony of Mr. Bernard Nelson 
(Exhibit 5), Mr. Thomas Prickett (Exhibit 7), and Supt. Adams (Exhibit 6) 

Mr. Thomas Prickett (Exhibit 7), and Mr. Louis LaFrambois, (Exhibit 8), were two 
of the particular men depended upon by Mr. Tyrrell to substantiate his charges, 
and so I told Mr. Tyrrell, after taking the testimony of these two men, that I would 
send Mm a copy of it. After Mr. Prickett's testimony was taken, a copy was sent to 
Mr. Tyrrell; he corresponded with Mr. Prickett, who reported to him in Exhibit 7A, 
and you will notice Mr. Prickett claims he told me that the yard had not been cleaned 
in two years. Several days after that, December 17, I again inter\dewed Mr. Prickett 
(Exhibit 7B), where he reiterates that the yard was cleaned properly. Thus in Exhibit 
7 he said the yard was clean; in Exhibit 7 A he said it had not been cleaned in two 
years, and again several days later, Exhibit 7B, he testified again that it was clean. 
You can draw your own conclusions in regard to this gentleman's testimony. 

The other Indian mentioned as one of Mr. Tyrrell's principal advisors was Mr. Louis 
LaFrambois (Exliibit 8). I probably talked with this man an hour altogether, and 
Exliibit 8 is a copy of the interview as taken down by the stenographer in answer 
to the questions asked only. It seems that Mr. LaFrambois thought I ought to have 
taken down all he said or thought of, as illustrated in his letter to Mr. Tyrrell (Exhibit 
8A). You will notice he never thought of being an engineer until answering my 
question, "AVell, did you ever quit a job because they would not make you an engi- 
neer? " 

In Mr. Prickett's second interview (Exhibit 7B), you will note that he says about 
LaFrambois raising the $250 for Mr. Ballinger. I wrote a letter to LaFrambois asking 
if it was tnie; liis answer is Exliibit 8B. You will note that he did not answer the 
question at all. 

It was represented by the Indians accompanying Mr. TjTrell that there had been 
a great deal of lumber badly sawed, etc., and wasted, and Mr. T. J. Turney (Exhibit 
9), was presented to me in company with Mr. Tyrrell, as a witness to that effect. His 
testimony is Exhibit 9, where you will note he finds much fault with the superin- 
tendent of the mill, with the machinery, and methods, which is absolutely contra- 
dicted by the testimony of the LaPorte brothers (Exhibit 10), one of whom worked 
opposite Mr. Turney, using the same carriage half of each 24 hours, and also by 
Supt. Adams (Exhibit 6). 

The next morning, November 29, 1913, I had Mr. Nicholson, the Indian agent, 
place the logging engine and car at our disposal. 

The party consisted of Mr. J. P. Kinney, supervisor of forests, the gentleman assigned 
me by Commissioner Sells from Washington; Mr. Philip R. Smith, and Mr. L. P 
Holland, the two gentlemen who accompanied me; Mr. Nicholson, the Indian agent; 
Mr. E. J. Brigham, superintendent of logging on the reservation; Mr. Lincoln Crowell, 
deputy supervisor of forests, resident at the reservation; Attorney D. F. Tyrrell; and 
10 Indians. I had suggested to Mr. Tyrrell that I thought 5 Indians would be 
enough, but he wanted more and I finally told him to take whoever he chose. 

I introduced Mr. Tyrrell to Mr. Holland, Mr. Smith, Mr. Kinney, and others, and 
told Mr. Nicholson I desired they should go and look at ever^'thing in the timber that 
Mr. Tyrrell suggested. 

While the gentlemen were in the woods on the 29th I took the opportunity to tiy to 
post myself about different classes at Neopit, and made the following interviews: 

First, with Mr. Peter Lookaround, a very intelligent Indian, and one of the two 
principal storekeepers there, which I present as Exhibit 13. 



MENOMINEE INDIAN RESERVATION. 831 

Next, with Mr. V. A. Tiirtelet, the other prin(i])al merchant of Neopit, which I 
present as Exhibit 14. 

I next interviewed the policeman, Mr. Joe (iripto. Exhibit 15. 

Next, Mr. Charles W. Chickeney, Exhibit 10. 

Next, Mr. P>ank Ganthier, Exhibit 17. 

Next, Mr. John Kakato.-^h, Exhibit 18. 

Next, Mr. Mot^e Tucker, Exhiliit 19, 

Next, Mr. Simon Heauprev, Kxhil)it 20. 

Next, Mr. tu'orce McCall/Kxhibit 21, 

Next, Mr. Peter Lamotte, Exhibit 22. 

Next, Mr. Wyeskesit, Exhibit 23. 

Next, Mr. Charles Freschett, Exhibit 24. 

Next, Mr. Louis Oshkenaniew, Exhibit 24A. 

In Exhibit 25 I present the testimony of Mr. Mitchell Os^hkenaniew. You will see 
from the last part of his interview that he wants an attorney. That testimony was 
taken November 30. 

Exhibit 26 is a letter of December 3 from the s^ame I\Iitchell Oshkenaniew, after a 
(}uarrel with Mr. Tyrrell. 

I also present a letter from Mr. Nicholson, Exhibit 2(jA, dated December 4, stating 
That Mr. Ohkenaniew had been to his house, and the way he treated the matter. 

You will notice in the postscript of Mr. Nicholson's letter. Exhibit 253, a reference 
to poor La Frambois, who raised the §250 which was sent to Mr. Ballinger, begging 
not to have deductions made in the little money coming to him, as he had a sick child. 

In regard to the conditions in the woods, I desire first to present a summary of Mr. 
J. P. Kinney's detailed report, which is Exhibit 11; and another supplementary re- 
port of December 16, Exliibit llA; and a very able report itself, Exhibit IIB. I want 
to call attention to the fact that the 250,000 feet of hemlock mentioned in the last 
paragraph of Mr. Kinney's summary, Exhibit llA, is the same as mentioned in the 
third paragraph, starting ''For instance," on page 9 of Exhibit IIB. 

I also present mv woo\l superintendent, Mr. L. P. Holland's report, Exhibit 2, and 
Mr. Pliilip R. Smith's report. Exhibit 3. 

On our third day there, the 30th of November, the whole party went into the woods 
again, starting at 7 o'clock in the morning and worked all that day. As all the lumber 
under investigation was that cut for three years, and it being very important that Mr. 
Holland and Mr. Smith should be attending to their duties, I sent them home that 
night, the 30th; and Mr. Kinney took the same party (except these two men and Mr. 
Nicholson), and went through another day. giving three days witli the logging engine, 
and I think made a very careful and lengthy exliibit, which is fully set forth in the 
reports mentioned above. 

Mr. Brigham and Mr. Crowell, Exhibits 12 and 12A, under instnictions from Mr. 
Nicholson, immediately after this went over every part of past operations on the line 
of our railroad, skirted logging districts of 10, 11, and 12, and this past year, with in- 
stnictions to scale everytiiing merchantable, locate the forties same were on, and 
whether same could come to mill or not. Note of such instructions will be found in 
Mr. Nicholson's report, Exhibit 29B. 

I have every day's work and the individual scaling of every log on file in my office 
but send you the sworn summary of Mr. Brigham and Mr. Crowell, Exhibit 12, which 
shows a total measurement of 94,770 feet log scale. They estimate that there were 
33,250 feet not accessible, or probability of logging at least doubtful, and that there 
were 61,520 feet accessible to present year's operation. Tliis is what was left of 
95,000,000 feet of logging, about 300 logs or perhaps a thirtieth part of 1 per cent left; 
and if they were sawed into lumber they would all go on two ordinarj^ carloads of 
lumber. I hand you the sworn statement of Mr. Brigham and Mr. Crowell, as Ex- 
hibit 12. 

In the interview with Mr. Brigham and Mr. Crowell, Exhibit 12 A, you will notice 
that they both think that 30 per cent of the 33,000 feet can be got to the mill, and if 
so it woiild leave not more than a carload and a half of sawed lumber, as the average 
logs cut for the season was a trifle over 10 logs to the thousand. 

In connection with the logging question I want to call your attention to paragraph 
6 of Mr. Kinney's report, Exhibit 11, where he says, "It must be admitted that Mr. 
C. H. Woodcock, the superintendent of logging, worked with tremendous energy and 
that whatever his faults and mistakes may have been, he succeeded in bringing the 
logs from the Evergreen district to the Meiiominee mills at Neopit at an exceptionally 
low figure. The cost of logs in the pond at Neopit cut during the year 1910 to 1912, 
inclusive, in the Evergreen district, was from |1 to .|2 less than the cost of logs under 
similar conditions at other mills in Wisconsin. " That is, on nearly all the lumber 



832 MENOMINEE INDIAN EESEKVATION. 

in those years coming to this point there was a saving of at least fifty or sixty thousand 
dollars on this item alone. 

I desire to call especial attention to paragraph 9 of Exhibit 11, where Mr. Kinney 
treats particularly of the loss on the pine timber, and he estimates that by being left 
as long as it was the depreciation on this pine could not have amounted to more than 
10 per cent, which amounted to $40. He says, "Is not this a mere bagatelle compared 
with the loss of time and cash which have been expended by the Indians in an unwise 
and misdirected attempt to make the little hill of nonfeasance appear a mountain of 
malfeasance? " 

And in that connection, this agitation has been going on nearly a year; the Indians 
have been called to Shawano several times, railroad fare being 80 cents each way; 
thay have paid the expenses of Mr. Tyrrell to Washington; they have been out of 
work for days and days; we have taken the time of the engine and crew for four or five 
days; the Government has sent its expert to help; I have brought our superintendent 
from Kentucky, our secretary and treasurer, and my stenographer to Neopit; made 
two trips up there myself; have worked with my stenographer what time he could 
get from his other duties for nearly a month on this report; and the outcome of it all 
is, according to the sworn testimoiiy and reports of the Government's own men, and 
my men, that there as been in the neighborhood of two carloads of lumber left in 
95,000,000, and that Mr. Woodcock, whom they have traduced most unmercifully, 
has saved the plant^consequently the Indians — many thousands of dollars by good 
work. 

I report a conversation had with Mr. D. F. Tyrrell, attorney, after my return from 
the first trip to Neopit, which I hope everybody that it comes before will read, because 
it is certainly interesting. This is Exhibit 26. 

I said to Mr. Tyrrell at Neopit that the Indians were in an excited condition, that 
it was much to their injury, and that he was the one that could quiet it, meaning 
that he was, absolutely, the man who had brought about that condition. 

You can get an idea from this interview, Exhibit 26, as to what the gentleman 
wants, and how they want to earn it. As it seems, they consider it their duty to 
collect a million dollars from the Government for maladministration on the Indian 
reservation; then they want to collect a large amount from the Government and the 
Stockbridge Indians. 

I did not have any data in regard to all the claims they had made to the Indians, 
80 I wrote Mr. Nicholson January 2, asking if he could give me any data on the sub- 
ject, and I have his letter of January 3, marked Exhibit 290, giving a list of eight 
or nine different things they think they can do, and something in regard to the methods 
they have used. 

I can not help but feel that if there had been a hundred times the loss in money to the 
Menominee Indian tribe it would not have compared with the damage done by these 
outsiders, and the few Indians they could control inside, to the tribe, by this agitation. 
All these men insisted to me, including Mr. Tyrrell, that the plant was losing 
money. I tried to impress upon them that I had got the statements from the Treas- 
ury Department, also from the plant. It was impossible to make them believe that 
they were not fraudulent, that everybody was not lying to them, and I feel now that 
perhaps it would have been betterif I had simply given Mr. Tyrrell an interview, 
as Mr. Sells suggested, and that I had insisted that it be outside of the reservation. 
The four or five days he was there there was a constant turmoil among the Indians, 
a consultation every night, and taking the Indians into the woods and all that. I 
feel it was a great damage to the tribe to have permitted it. 

In speaking of the expense that we have all been to in this matter it is also a 
matter of proof, according to the testimony of Mr. Prickett, Exhibit 7B, Mr. La Fram- 
bois. Exhibit SB, and Mr. Tyrrell himself, Exhibit 26, that there has been $250 sent 
to ]\Ir. Ballinger, $125 raised to pay Mr. Tyrrell's expenses to Washington, and the 
money that Mr. Tyrrell says he was responsible for himself, $200, was borrowed from 
apart blood not belonging to the tribe; making $575 in all. 

The whole proposition has been a wretched one. In fact, there is being a tre- 
mendous effort here to make bricks without straw; and it does seem to me that the 
present agitation and charges is a poor return for the efforts made to run a sawmill 
successfully and do it with nearly 50 per cent of labor that can come when they please 
and go when they please. The whole testimony of all thinking people about the 
institution is that the building of the mill has been a great benefit to the Indians. 
I think both the Catholic missionaries feel that way, "and everybody who knows 
anything of the former conditions there. It certainly has been. 

In my second visit to the Menominee Reservation I had an interview with Mrs. 
Myrtle W. Marble, field matron at the Mission of Keshena, which speaks for itself. 
This is Exhibit 22. I think you will all agree with me that her recommendations are 
very practical. 



MENOMINEE INDIAN RESERVATION, 833 

On this second visit to the reservation I spent the first afternoon and the next 
forenoon visiting the homes of the Indians of the village and surrounding country. 
I was very much pleased with the cleanliness of the Indians, and I want to exj)ress 
in the highest terms the benefits that the Catholic missions have Ireen to the Indians 
on the Menominee Reservation. It is pronounced in every way. They are soberer, 
cleaner, and better people. 

I went over the hospital at Keshena and found it comfortable, clean, and well 
organized. 

I also went into the homes of a large number of Pagan Indians, where I found a good 
many charming personalities. I didn't, in fact, see but two that were particularly 
and grossly offensive, and they were two families of very dissipated Indians. All in 
all I found the Indian condition, from the two intelligent, live merchants already 
mentioned in Neopit, to all of those except the two mentioned that I saw in the Pagan 
houses, living comparatively comfortably. 

But the system of dealing with the older Indians on this reservation is not fair. 
They have a large amount of property, say in the neighborhood of ten millions, that 
belongs to the tribe. It is so well invested in timber and land that it is going to be a 
perpetual inheritance. There ought to be some better way of taking care of the old 
people, letting them enjoy their full share to a greater extent. 

I have already taken up with the State government of Wisconsin, asking them to 
establish one of their traveling libraries at Neopit, and will also ask them'to do the 
same at Keshena. 

I make the following recommendations that it seems to me ought to be carried out: 

1. The plant is tremendously handicapped in only having a cheap railroad with 
small supply of cars, etc., to ship its products. I recommend that arrangements be 
made to allow the Chicago & North Western Railroad to come in from the south under 
a contract satisfactory to the department. I use the term "from the south " from the 
fact that they are nearer the reservation from the west, but that would add 50 or 60 
miles to every car that went out of the plant routed for the south. 

2. I recommend that the reservation be cruised, that there be a report made show- 
ing the approximate amount and class of timber on every section of the reservation. 
Some people say there are two billions, some say one, and some one and a half billions. 
I think the department ought to know positively, for their future guidance, what is 
on the reservation and also the same investigation should classify the lands for agri- 
cultural purposes. 

3. In my judgment it would be safe and proper to allow each Indian on the reserva- 
tion $500 in money; this money to be placed to the credit of each Indian and to be used 
for their benefit on the recommendation of the agent and under the control of the agent 
wherever there is any danger of anybody using the money unwisely. Bill H. R. 
10832, introduced by Mr. Stephens of Texas, December 17, 1913, would seem to give 
authority to carry out this recommendation, as well as the next one in regard to ad- 
vances for farming. 

4. I recommend that farms be allotted to Indians wishing to become farmers, the 
grant of the Government to be so framed as to preclude alienation within a period of 
50 years from the date of grant; the land not to be subject to lien or incumbrance of 
any kind ; the land to be granted for farming purposes exclusively. 

I recommend that in addition to the $500 that each Indian gets in the above-men- 
tioned allotment three or four hundred dollars more be given to any Indian who takes 
up a farm, to be charged to his individual account as against the balance of money in 
the Treasury belonging to him, and that this amount be used solely and fully for the 
purpose of helping to put buildings, stock, etc., on his farm. It is utterly unpractical 
to undertake or expect these Indians to clear up a farm and get it going without help, 
and in my judgment the future prosperity of these Indians depends on their being 
taught farming. 

5. I recommend that two, four, or six of the brightest young Indians on the reserva- 
tion be sent to Wisconsin State College of Agriculture at Madison to take a full course 
in forestry and scientific farming, that they may come back to the reservation 
equipped to teach the Indians who have elected to make farms. 

To show the importance of this I will state that in the State of Illinois each county 
has a man whose sole duty it is to go down amongst the farmers, rich and poor, and 
teach them about the best kind of stock, how to treat it, analyze their land, confer with 
them about the best sort of crops, and how to fertilize for it. If it is important in the 
State of Illinois, amongst the rich farmers, you can see how it would apply amongst 
Indians just starting. 

6. I found the most astonishing system of selling this lumber in force by the orders 
of the department at the mills. tJnder the system now in vogue it is possible to do only 
very little with the big concerns that expect to make at least $2 a thousand on every 



834 MENOMINEE INDIAN RESERVATION. 

stick they buy in that way. This could be entirely saved, making a difference of from 
forty to sixty thousand dollars a year to the mills, by employing a bright salesman 
say at |2,000'a year and expenses, to travel among the lumber yards in the small towns 
that are tributary to this plant in southern Wisconsin, Illinois, Indiana, and Iowa and 
sell this lumber. 

It seems to me that rules might be arranged having each check drawn to the Govern- 
ment, etc., and make this safe. Bradstreet's could be taken to find the lead'ng 
lumbermen in each town, those that are abundantly safe — and nearly all of them are 
rich — so that you would lose but a very small amount, if any. To illustrate this: I 
know of three, four, or five lumber yards in the immediate vicinity of my country 
home in Wisconsin that I would guarantee all they bought, if it was the entire cut of 
the plant, for 10 cen1;s a yard. 

7. In the many thousand acres of land on this reservation there is an enormous 
amount of food for cows and young stock growing and going to waste every year. I 
think the reservation should be investigated with the view of starting a trial herd there 
of a thousand head of cows, to be herded by Indians with their ponies, and to be 
allowed to increase to the full extent; that hay could be cut in certain protected 
districts to get them through the wdnter. There is certainly enough food there for 
nine months of the year for several thousand head, and at the price that cattle are now 
and always will be, there will be a large profit in turning off the 2 and 3-year old steers 
each fall to be sent down, if not fat enough for beef, for feeders. It seems too bad, in 
the present condition of the meat supply of our country, that enormous districts like 
this should be allowed to go to waste. 

8. I recommend that there be a department connected with the school in Keshena, 
and another in the school at Neopit, teaching girls how to do housework, sewing, etc. j 
and a manual training school for boys, to teach them how to use their hands. 

9. I would also recommend that there be a company or tribal store at Neopit and 
a branch one at Keshena, and that the goods shall be sold, say, on a basis of 12J or 15 
per cent, which would make the stores absolutely self-sustaining and the Indians would 
get the necessities of life much cheaper. These stores should also carry a stock of the 
ordinary agricultural tools that might be used and there should also be a bank, say 
with forty or fifty thousand dollars capital connected with the Neopit stores, where 
the employees of the mill could get checks cashed. 

Now, if they want to buy anything extraordinary, an agricultural tool or any other 
thing, or cash their check, they have got to go 20 miles away to Shawano for the pur- 
pose, and they are subjected to all the temptations of the outside towns. I think 
everything ought to be supplied to the Indians on the reservation so that they would 
have as little necessity of leaving it as possible. 

I know of no settlement in Ihe country of seventeen or eighteen hundred Indians, 
beside 200 or 300 whites, that has not banking facilities. Each employee of the plant 
has to suffer an exchange for getting his check cashed. 

I shoidd not think of starting a store without purchasing the property of Mr. Look- 
around and Air. Turtelet and trying to get them to run it for the benefit of the agency 
and under the directions of the Indian agent. 

I purposely refrained from having any conversation with Mr. Nicholson about the 
conditions at the plant, until I had examined the conditions there, taken all the testi- 
mony but one or two pieces, and got the reports from our men in the woods, etc. I 
then wrote him a series of questions covering general conditions there, and these 
questions and his replies I submit as Exhibit 29, and I want to say that there have been 
some grave charges preferred against the management of this mill, and it is no more 
than justice to Mr. Nicholson that every officer of the department that this report is 
referred to should read his defense and his illustration of conditions there. 

On December 4 I wrote Mr. Nicholson in regard to railroad rates and the railroad 
conditions there, to which he answered fully on December 8. Exhibit 29A. This 
is a very important question and his views on the subject are certainly practical 
and worthy of consideration. 

To sum up my impressions on the conditions that the Government has placed over 
the logging, milling, and disposing of the lumber: 

I don't think I have thought of it since I first went to the reservation that my 
mind did not revert to making bricks without straw. I think the Government has 
done a very wise thing in having this mill built; I think it has been of tremendous 
benefit to the Indians, and the reports show that it has made $444,000 in the last 
two years, including the value of the stumpage. 

It seems mighty good work to me that it could be done, when half of the labor 
employed was compulsory practically; that a person could leave his work at any time 
without notice, stay away as long as he had a mind to, come back when he chose, 
and still get a job; after the lumber was made that it was sold under such conditions. 



MENOMINEE INDIAN EESERVATION, 835 

I feel very sure that the mill, outside of the lumber they have sold in the pine and 
lumber logs in the woods — in other words, every stick of lumber that they sold — they 
got at least $2 a thousand less than they could have got had it been sold in the usual 
way. 

The United States Government Army can't buy that lumber because they have 
j^ot to ask for bids; the lumber can't- be sold because they can't sell without asking 
for bids. It seems ridiculous. 

The employment of the Indian part can't be helped, and nobody would want to 
help it if they could, because the prime idea in establishing the plant^and it was 
a wise one — was to teach these Indians to work, and it is certainly doing it. 

The conditions that I found in regard to outside influences were appalling. That 
any intelligent man would write such a letter as Mr. Tyrrell did to Commissioner 
Sells, based on the say so of four or five, six or eight, discredited men, in a way (it 
seems most of these men had been tried and found wanting) is beyond my compre- 
hension. 

The reports of your very able wood ranger, Mr. Kinney, and the other wood ranger, 
Mr. Crowell, both Government employees, and the reports of Mr. Holland and Mr. 
Smith — in fact, everytliing on the place, the cleanliness of the yard, the cleanliness 
of the supply department, the cleanliness of the towns — showed the untruth of the 
charges. 

And then that men should absolutely deny statements of the prosperity of the 
plant, the books in Washington showing that the funds had been increased largely in 
the past two years, and still go up and down the reservation claiming that it was not 
true, that the mill was losing money. Look at the testimony of the splendid AVye- 
skesit, Exliibit 23. He knew they were not making any money, because where was 
it? He knew the mill had been losing money, because they didn't get it; he had 
been told so. 

A man must be in desperate straits who will conduct himself in any investigation 
the way Mr. Tyrrell did in his talk to and before the Indians on all occasions, as tes- 
tified to by the gentlemen in the logging party. Then, I feel mortified that a man 
would come to me and ask me if I would approve of an attorney to stand between 
such men and the Government agent and the United States Government. 

Of course the whole motive of going into the woods nearly a year ago, stirring up 
these disaffected Indians, is the same one that has been at the bottom of every attack 
on Indian property — the desire and hope of getting some of it. 

I don't think that Mr. Tyrrell, the attorney, is a dishonest man. but I feel that he 
is far, far away from a wise one; and I feel that it would be a calamity to have any 
attorney appointed for the Menominee Reservation for the purposes that Mr. Tyrrell 
outlined to me in liis iuter\'iew (Exhibit 26), and that Prickett and Oshkenaniew 
(Exhibits 73 and 25, respectively) testify they want an attorney for, to protect them 
from the agent. I have understood it was against the law to go onto the reservation 
for any such purposes as Mr. Tyrrell was there. Unfortunately for the Indian, and I 
think for the investigation, liis time was industriously employed in the three or four 
days he was there wliile the investigation was going on. 

At this point I want to introduce the testimony of Mr. Reginald Oshkosh, Exhibit 
31, a full blooded Indian and Tribal Chief of the Menominee Tribe, who for the past 
year or two, as you will see by Exhibit 29 of Mr. Nicholson, has been pulling himself 
together and doing good work. It certainly speaks for itself, and I hope that whoever 
sees this report will read it. 

I received an astonishing letter from Congressman Konop to Mr. Abbott, in regard 
to my investigation, grossly insulting me and the commission through me. I hereby 
submit a copy of same and my answer to him, as Exhibit 30, in my report. 

I also sent a copy of same to Secretary Lane and Indian Commissioner Sells, that 
they might see the kind of influence that is being brought to bear to belittle the work 
of the commission. 

The testimony complained of in Congressman Konop's letter is that of Mr. Thomas 
Prickett, Exhibit 7B, in my report. 

I also want to call attention to a letter written by a gentleman who has been about 
the reservation for 17 years, and who has written a very calm and dignified letter in 
regard to the conditions there, which I present as Exhibit 32. It certainly shows the 
improvement that has been made during the past years and this gentleman's recom- 
mendations and suggestions are all good. 

I have laid some stress, in this report, on the old people of the reservation, who are 
not getting the benefit of their wealth, and who, at the best, can only last a short 
time. I think there ought to be something given to this class of people and to the QI 
and infirm who are incapable of working, each year. 

The claim has been made that the mill was selecting the best timber, therefore 
making a better showing than could be continued. 



836 MENOMINEE INDIAN KESERVATION. 

The mill, I don't think, has made any effort to select the best timber. It will 
be seen that they were forced by the big fire to a certain locality. They were also 
forced to take the best timber here, as there was so much burned over they could 
not lumber it all before some of it must deteriorate very much. Forest Supervisor 
Kinney, you will note, has gone into this fully. The 1,500,000 feet Mr. Tyrrell speaks 
of is the 250,000 feet of hemlock Mr. Kinney- mentions, and says hemlock was so 
cheap that at the time it would not have paid to cut it. The only selections that 
have been made in pine was for the hewn timber, and for that it is shown that they 
received as much per thousand for the whole log standing, $70 per thousand, as they 
could get for, say, the best 25 per cent of the lumber the log would make; and the 
amount sold this way has Ijeen a small percentage of the whole white pine cut. The 
elm so sold has been at a still higher price relatively, about .|47 per thousand, stand- 
ing, and you will note the mill has made a good profit the past two years, after allow- 
ing for the higher stumpage for the white pine. 

As far as I can learn, no man knows but little of the amount or quality of the tim- 
ber left on the reservation and still less of the nature of the cut-over and untimbered 
parts of the reservation, and its adaptability for farming and grazing. The timber 
is estimated to be between one thousand five hundred million and two thousand 
million. It is for this reason I recommend so earnestly the cruising of the whole 
reservation, showing the timber, kinds and quality on each quarter section, the 
quality of the land, whether good for farming, grazing, reforestry, or worthless. I 
think good, reliable, capable men could be hired to do this for 5 cents an acre. Then 
a comprehensive plan could be laid out, covering the management of the whole 
reservation for years in advance. 

During this administration there has been 1,610,690 feet of pine sold at these high 
prices, in log measurement, and 551.088 feet of rock elm. Very little of this rock elm 
has as yet been shipped. 

I will say, in winding up this report, that I have done no business in Wisconsin 
for 15 or 16 years; that I never did any business on any Indian reservation in Wis- 
consin that I know of. I never remember of having seen any man, woman, or child 
before that I met on the reservation except the people I took with me. And I take 
the liberty of recommending that whenever there is a change made in the Indian 
agent or any attorney appointed to represent the Menominee Indians that it shall 
not be anybody who has, or who ever has had, any business relations or acquaintances 
within a hundred miles of the reservation. 

Respectfully submitted . 

Edward E. Ayer, 
Member of the Board of Indian Commissioners. 

January, 1914. 



[Congressman Konop's letter of Deo. 31, 1913, to Mr. F. H. Abbott.] 

Washington, D. C, December 31, 1913. 
F. H. Abbott, 

Secretary Board of Indian Commissioners, 

Washington, D. C. 

My Dear Mr. Abbott: As per request, I am returning to you the statement per- 
taining to the Board of Indian Commissioners. I am of an entirely different mood 
relative to this Board of Indian Commissioners than I was when you saw me. I at that 
time thought that this Board of Indian Commissioners was of some service, and Mr. 
Smiley and you gave me that impression. You also told me that Mr. Ayer, who was 
sent to make an investigation of the milling operations at Neopit, Wis., was sent there 
to make a bona fide honest investigation of the milling operations. From the testimony 
that he has been gathering at that place, and from the acts that he has done over there, 
I have lost absolutely all confidence in his investigation, and I think the investigation 
is absolutely a farce. I think it is an investigation to whitewash Nicholson of any 
complaints that may be made against him. 

I am sending you a sample copy of some of the testimony that this man has taken, 
from which it clearly appears that he is not making an investigation of the business 
operations at Neopit, but is prying into extraneous matters, belittling the complaints 
and complainants. I want to ask you whether or not in your opinion you think that 
such an examination has anything whatever to do with business operations at Neopit? 
This little bit of testimony will convince any man that this man Ayer, instead of being 
there to investigate matters for the benefit of the Indians, is there to pry into the com- 
plaints made and belittle them as much as possible. 
Very truly, yours, 

(Signed) Thomas F. Konop. 



MENOMINEE INDIAN RESERVATION. 837 

[Copy of Mr. Edward E. Ayer's letter of Jan. 8, 1914, to Congressman Konop, of Wisconsin.] 

Chicago, Junuan/ 8, 1914. 
Congressman Thomas F. Konop, 

Washington, D. C. 

Dear Sir: Mr. F. H. Abbott has sent to me your letter to him of December 31, 1913. 

The second day that I was at the Menominee Indian Reservation, Mr. Tyrrell said 
to me that you and Mr. Ballinger and he said to Commissioner Sells that you would 
look with suspicion on any investigation made at the Menominee Reservation by 
anybody that j\Ir. Abbott was associated with. This remark introduced me to a type 
of men that I have never met before — men who would voluntarily insult a Govern- 
ment officer who was selected by the Commissioner of Indian Affairs and the Secre- 
tary of the Interior to make an investigation, before, even, the investigation was 
started. I immediately told Mr. Tyrrell that Mr. Ballinger's and his opinion was a 
matter of entire indifference to me and that as for Congressman Konop, he could go 
to hades. 

I ought not to be astonished at receiving yours of December 31 to Mr. Abbott, and 
still I am. You are again insulting the Board of Indian Commissioners, appointed 
by the President as the advisors of the Indian Department and the Secretary of the 
Interior. 

Under act of April 10, 1869 (R. S. 2039), also under an Executive order of June 3, 
1869, and an act of July 5, 1870 (R. S. 2041), and especially an act of May 29, 1872 
(R. S., 2042), you can find out something probably new to you in regard to the powers 
of the commission. 

Of course, the motive of Mr. Ballinger and Mr. Tyrell is well known; that is, to get 
$8,000 a year for being attorneys of the Menominee Indians. What yours can possibly 
be in thus grossly attacking a body of gentlemen who are working without salary, 
and in some cases much expense to themselves, it is almost impossible to imagine. 

I have the most profound respect for the United States Senate and the House of 
Representatives, but, to my mind, your being a Member of the House only shows that 
accidents may happen to the be!?t regulated families, and I feel sure that your district, 
in the grand State of my nativity, will see to it that the accident does not happen 
a second time. 

I am making your letter and my answer to you a part of my report on the Menominee 
Indian Reservation, and have also had your letter photographed for future reference. 
I am also sending a copy of your letter, and my answer to it, to-day, to Commissioner 
Sells and Secretary Lane, that they may see in advance the outside efforts at work 
to try to influence my investigation. 
Yours, very truly, 

(Signed) Edward E. Ayer. 



1. Tyrrell to Mr. Sells. 

[Copy of letter from Mr. D. F. Tyrrell to Hon. Cato Sells, dated Nov. 20, 1913, and Mr. Sells's letter to 
Mr. Edward E. Ayer, dated Nov. 20, 1913, inclosing copy of Mr. Tyrrell's letter, all relative to the affairs 
on the Menominee Indian Reservation.] 

Department of the Interior, 
Office Commissioner of Indian Affairs, 

Washington, November 20, 1913. 
My Dear Mr. Ayer: After an inter\dew with Mr. D. F. Tyrrell, of Gillette, Wis., 
yesterday, I requested him to write me a letter stating conditions as he understands 
them to exist at Menominee, and that he also leave with me certain photographs taken 
by him. 

I received his letter to-day, and am herewith inclosing same to you with the photo- 
graphs, that you may have the benefit of his suggestions. 

Mr. TyiTcll seems to be a very earnest and intelligent man, and I think it would 
be well for you to have an inter\dew with him. 

I wish you would ad\'ise me a few days in advance of the time when you start for 
Wisconsin, so that I can arrange for one of my men in the Forestry Service to ac- 
company you, as you requested. 

To the extent that I can be of service to you, please command me. 
Very truly, yours, 

(Signed) Cato Sells, 

Commissioner. 
Hon. E. E. Ayer, 

Ry. Exchange Bldg., Chicago, III. 



838 MENOMINEE INDIAN RESERVATION, 

Washington, D. C, November 20, 1913. 
Hon. Cato Sells, 

Commissioner oj Indian Affairs, Washington, D. C. 

My Dear Sir: Pursuant to request I herewith submit to you certain data, relative 
to the Menominee Indian matter. 

I am not conversant with the conditions existing throughoul the entire area covered 
by the logging operations on the reservation, but that portion with which I am familiar 
bears ample and convincing evidence that the operations are being conducted at a 
heavy loss to the tribe. 

The work, seemingly, has been and is being carried on with little or no regard for 
profit. Waste is evident on all sides. (Note exhibits hereto attached and more 
•specifically referred to herein.) 

Splendid timber has been cut and left to rot in the woods. (Note Exhibits 1 and 2.) 

White pine and Norway logs, containing the very best lumber, may be .seen skidded 
in the woods and left to the mercy of the weather and worms and in this same area 
may also be seen other white pine and Norway logs that have been cut and swamped 
and not even skidded, but simply left where cut. 

Logging roads have been cut and splendid logs piled on each side of them and left. 
These'roads were never used after being cut. 

Large trees, both green and dead,, have been left along the logging railroad notwith- 
standing the fact that they contained valuable lumber and stood only a few feet from 
the right of way. 

In one place ties, posts, and poles were scattered around . In another a large number 
of pieces of cedar had been cut and left in the woods. 

I found that the white pine and Norway had been cut from a tract of burnt timber 
and at least 1,500,000 feet of fine hemlock left to spoil. (Exhibits 10 and 11 give a 
view of this tract. Exhibit 11 also gives a view of the camp, known as old camp 12, I 
believe, which is located practically at the edge of this tract. The track ran between 
these camps and this tract and a ijortion of the right of way is shown by light streak 
at point marked "X." The dark streak in Exhibit 10 shows the same tract from 
another angle.) 

White pine logs, scaling not less than 500 feet of the finest white-pine lumber that 
ever grew in the State of Wisconsin, I foimd cut and left in the woods to be destroyed 
by the weather and worms. (See Exhibits 1 and 2.) 

In one small area I coimted not less than 14 white-pine logs, none of them less than 
12 feet long and one of them at least 24 feet long and containing the cream of white- 
pine lumber, that had been left in the woods. These logs will average not less than 2J 
feet at the small end. In this same area were two white-pine trees, measiuing not less 
than 70 feet from butt to first limb, or, to be exact, 24 paces, that had been felled and 
left to decay. From these trees could have been cut the very finest quality of white- 
pine lumber. In this same area I found a piece of hewed timber, about 20 inclies 
square and not less than 40 feet in length, or, to be exact, 14 paces, that had been left 
where hewed. 

Please note, Mr. Commissioner, that these logs and trees just referred to were as good 
as any that ever grew in the State of Wisconsin or anywhere else. I can not make this 
statement too strong. 

I found large areas that had just been skimmed over, the best taken out and vast 
quantities of valuable timber, both dead and down as well as green and standing, left. 

All of the timber that I have mentioned in this statement has been left to spoil as 
the track has been taken up, and, if it is ever logged, it will be at a great expense and 
after it has become nothing more than cull timber. 

A large burned-over area, containing several million feet of valuable timber, remains 
uncut and uncared for, notwithstanding the fact that it was burned over several years 
ago. In the neglect to properly handle this tract alone the tribe has sustained an 
enormous loss. 

In the manufacture of square timber the triba is suffering a great and grievous loss. 
Only the best of timber is taken. Nothing out the largest and tallest trees are used 
and they must be perfectly round. 

In the hewing many feet of the finest lumber is lost in the slabs taken off. I would 
estimate this loss to be not less than 200 feet to each piece, because the valuable timber 
left in the tops, which in many instances would bring the amount up to several hun- 
dred feet. (See Exhibit 2, showing slabs against tree.) A future loss will result from 
the fact that the taking of this select timber leaves an inferior grade of timber, which 
will not bring as much as it would were it sold in conjunction with the select stuff. 

In one instance a watering trough had been hewed from a white pine log at least 30 
feet long and worth in lumjjer, I should judge, not less than $30. A trough could 
have been made from hemlock plank at a cost not to exceed §2.50 and the horses 
would never have known the difference and the tribe would have saved $25 or more. 



MENOMINEE INDIAN RESERVATION. 839 

Green lumber is being cut to-day, while miliions of feet of burnt limber in goinc to 
waste. 

Valuable lumber is beintr tlimwu into the "lio.s,'" .t^'ronnd Tip, and lianlcd <,ut and 
dumped into the slouo;h. 

Valuable lumber has been dumped iiUo this siime sloutrh and covered over with this 
ground-up wood from the "hog." The phirvt^ wliere Ihis iuml)er lias been buried can 
be pointed (nit. (Exhibits (i and 7 give some idea of the waste.) 

A great deal of material from wliich considerable revenue could be realized has been 
and IS l)cing tlirown into the "burner." 

Exhil)it 9 sliows wliat is known as the "sink Iiole." Into this hole has be.m dumped 
some 300 carloads of gravel, besides a Iarg.> quantitv <>i logs. Had the track been run 
but a few feet to one side it would have had liigli ground and this hole a\oided. 

Mr. Commissioner, I realize that I have made some very strong statements herein. 
I feel that it is up to me to prove them. I earnestly request that you give me an 
opportunity to do so. Kindly allow me to point out the things I have referred to. 
In fact, I feel that it is quite possible that some of these items will not be located 
unless I do point them out. I would be pleased to meet any representative from your 
department at Shawano, Wis., at any time— the sooner the better, however— and o-o 
over this matter carefully with him. Thanking you for the opportunity to present 
these facts, I am, 

Respectfully, yours, 

(Signed) I). F. Tyrrell, 

Post-office address, Gillett, Wis. 

Mr. Commissioner, it has just occurred to me that I was informed by members of 
the tribe some time ago that they had commenced to dray in some of this timber 
that had been cut and left in the woods. If such has been done it was at a great expense 
and after the timber had greatly deteriorated in quality and value and for the purpose 
only of getting it out of the way. If an inspection is made before snow comes evidences 
of this work, if any done, will be readily apparent. 

(Signed) D. F. Tyrrell. 



2. Holland. 

[Mr. L. P. Holland's afTidavit.] 

January 29, 1914. 
I hereby certify that the statements made in my report dated December 4, 1913, to 
Hon. Edward E. Ayer, of the Board of Indian Commissioners, regarding conditions 
on the Menominee Indian Reservation, are true and correct to the best of my knowledge 
and belief. " 

(Signed) L. P. Holland. 

State of Kentucky, 

County of McCracken, ss: 
Subscribed and sworn to before me, a notary public, this 29th day of January, 

[seal.] Frances Johnson, Notary Public. 

(My commission expires Jan. 30, 1916.) 



2-A. Holland. 

[Copy of report of Mr. I.. P. Holland, woodsman in the employ of Ayer & Lord Tie Co Chicago dated 
Paducah, Ky., December 4, 191.3.]" 

Paducah, Ky., December 4, 1913. 
Hon. Edward E. Ayer, 

Indian Commissioner, Chicago, III. 
Dear Sir: I herewith hand you my report on three days' investigation beginning 
November 28, 1913, of work being done on the Menominee and Stockbridge Indian 
Reservation at and near Neopit, Wis. 

On the 28th of November I looked over and inspected carefullv the mill yard. I 
found, according to my judgment, based on 19 years' experience in the ^tie and 



840 MENOMINEE INDIAN RESERVATION. 

lumber business, the most efficient work, both in manufacture and care of stock, that 
I have ever seen on any mill yard laige or small. The management of this part of the 
work hau certainly been first class. 

Beginning on the 29th 'of November, in company with Mr. TyiTell as an attorney 
for some eight or ten Indians who weie also along, with several other paities, T began 
the inspection of the cuttiag and logging oa the leservation, following the direction 
of Mr. Tyrrell. I was first shown a square timber 38 feet long, 24 inches in diameter, 
No. 187. Mr. Tyrrell claimed a loss to the tribe on account of the slabs hewn from 
this timber, there being some veiy small slabs taken off. I could not see che loss to 
the tribe, as this timber had been measured and sold and the tribe had credit. 

The next complaint was about some logs decked about 400 feet from the railroad. 
Mr. Tyxiell claimed a loss to the tribe on account of sledding and redecking along the 
track. \Mien told by E. J. Brigham, who has charge of the logging, that they would 
be loaded as they were sledded and would not be ledecked, Mr. TjTrell said this would 
not be done. When asked why, he stated that he would show where redecking had 
been done before, but he failed to do this, and later admitted that he could not. 

I was next shown five white pine logs, sap-stained, which he claimed should have 
been barked. I consider the damage ro these very slight, as they weie right on the 
railroad and will be taken to mill right away. 

Again, Mr. Tyrrell claimed that the stumps were cut too high. At this particular 
point the stumps were rotten and hollow, and I consider that there was no loss, but at 
some other places, the stumps were cut too high, but the percentage of sound stumps 
cut high was very small. Mr. Tyriell also complained about a log that had been left 
at the butt of a tree. This log was about 30 inches in diameter at the small end; was 
hollow from end to end, large enough for a man to crawl through. This was demon- 
strated by a man crawlmg through the log from end to end. This complaint, in my 
judgment, was absurd, as it surely woidd have been a loss to the tribe to haA^e made 
the expense of hauling and sawing timber of this kind. 

Mr. Tyrrell's complaint at camp 15 was that logs had been cut for wood that would 
have made good lumber. These logs were from a tree that must have been dead at 
least 10 years, in my judgment worthless to the tribe except for wood. In discussing 
. these logs, Mr. Tyrrell made the assertion that any white-pine lumber that would hold 
tegether was worth $16 per thousand. This shows how reckless he was in making 
statements. He showed some logs that had been peeled. These were tops from trees 
cut for export. These, I think, were in good condition and not damaged. Mr. 
Tyrrell would say, if logs had not been peeled, that they should have been peeled to 
preserve them; but if they were peeled, he claimed they were damaged by worms. 

He showed several logs all scattered on the last year's work in the swamp, that were 
left on account of the breaking up of cold weather. This territory is still in operation 
and can be cleaned up this winter. Logs in good condition. 

Mr. Tyrrell next showed 2 trees, 14 logs, and 1 square timber that he claims should 
have been loaded , but the track was removed. These logs were near a new cutting and 
could be taken up. I could not figure out any loss here. 

From this point we passed through a long strip of burned-over land, and old cutting. 
In this strip, the timber was nearly all dead. We were shown several logs cut and 
quite a lot of standing timber of the cheaper grades. This was cut over about two years 
ago, following the fire, and the management claims they cut the white pine and left 
the hemlock on account of the pine being much more valuable and much more im- 
portant to save before it was damaged. 

On November 30 we were almost exclusively on old cuttings of two years past and 
over. Complaint was made about logs being cut for lumber being used in making fills 
for the railroad and steamers for bridges for wagon roads, and skidways left where 
the track was taken up and removed, and some logs left scattered over this old ter- 
ritory. These claims seemed to be more reasonable, and it looked as though there 
had been some careless work done by some one, but much of this is a question as to 
whether the tribe suffered any loss, as the time spent in getting dirt or worthless 
timber might have equaled the cost of putting the timber in bridges and fills. 

Mr. Tyrrell made a charge against, the management for charging Tom La Bell, an 
Indian, $36 for the use of camps belonging to the tribes, while working out a contract 
on a certain boundary on which he was to cut and deliver the limber at $6 per thousand, 
I fail to see any loss to the tribe in this, but had they furnished a camp free, as Tyrrell 
said they should have done, it would have been a loss to the tribe. 

Mr. Tyrrell showed a cut through the hill about 4J feet deep, about 600 feet long. 
He claimed -they had a track around this hill and took it up when the cut was made. 
Mr. Nicholson says this cut was made as the passway for the loaded and empty cars, 
and both tracks were used at the same time and the cut was made to get on solid 
ground for the loaded cars, on account of the ground being soft and swampy where the 



MENOMINEE INDIAN RESERVATION. 841 

track went around the hill, which seems to be a trood itusiness proposition instead of a 
waste. Complaint was also made at this point about iiO ties being left that had been 
used in a jam dock. These were inferior ties in the beginning and had been used in 
the track before being put in the dock. 

He also claimed a loss to the tribe by the management, on account of small treea 
being cut for skids on which to fall the large trees cut for export. Mr. Nicholson says 
this timber was all measured and paid for, therefore could not be a loss to the tribe. 

Mr. Tyrrell showed some timber near old camp 12 that he said should have been cut. 
This was burned-over land and, in my judgment, could not be worked at a prolil. 
He showed about 4.000 cedar logs cut about two years ago. also some poles cut by Paul 
Tebeau. an Indian. These logs were in a swamp and were left on account of the break- 
ing up of the ice. They are in good condition and Mr. Brigham says they will be 
taken out this winter. 

Mr. T\Trell said to me that he had grown up in the lumlx-r lousiness in Wisconsiu, 
yet he showed ignorance in a surprising way to me. by miscalling tlie kinds of iimb<;r 
several times. He would call hemlock white pine, and he didtliis on several occasions. 

I have gone over this matter at considerable length, to give you as nearly as possible 
the character of the claims and charges made by Mr. Tyrrell, and the disposition of 
this man to magnify his charges. I could give other instances but think these suffi- 
cient. After carefully going over the situation I will say that I have never seen or 
known a job run by anyone where there was as little loss in timber as on this one, and 
especially is this true of the last two years' cutting. While there are some logs and 
timber left on the old cutting, in my judgment the percentage is much smaller than 
is common where I have worked. 
Yours, very truly. 

L. P. Holland. Supn-intcndnit. 



[Copy of the report of Mr. Philip R. Smith, secretary and treasurer of Ayer it Lord Tie Co., Chicago, in 
regard to the affairs on the Menominee Indian Reservation at Neopit. V\is., dated December 30, 1913.1 

December 30, 1913. 
Mr. Edward E. Ayer, 

Raihvay Exchange Building, Chicago, III. 

Dear Sir: You having requested me to go to the Menominee Indian Reservation 
with you to look over the books of the superintendent, also look over the mill yard 
and some of the logging operations, I wish to report that I went over all the books, 
ledgers, cashbooks, journals, and record books, not with the idea of a detailed check 
or audit, but with the idea as to looking into the methods of handling and seeing 
whether they were complete, and also to see whether there might be some short cuts 
that would save labor. 

Aftar noticing the immense amount of detail that the Government insists on in its 
reports and making an examination of the books, I found there were few places where 
any saving whatever could be made and at the same time furnish the amount of detail 
required. My opinion is that the books are exceptionally well designed for the 
work in hand and that they are exceptionally well kept, and I have no hesitation 
in saying that Mr. Ashford is keeping a perfect set of books. 

With regard to the yard, I went "through the yard with you, Mr. Tyrrell, and a 
number of Indians, also wdth Mr. Holland and Mr. Nicholson, and I found that where- 
ever the piles of lumber were on high ground there was very little trash lying around, 
no more than in many lumber yards I have visited and not as much as in some. 
There was quite a considerable amount of trash in that part of the yard that was 
built on piling, the mill having originally been set in the bottom and a large part of 
the yard constructed over the water. Wherever this was the case, if a broken piece 
of board fell, or any of the old piling rotted out, or the timber holding the lumber 
rotted, they were liable to drop in the water and were not taken away, but they 
served the "purpose of helping to fill this bottom, as a great share of this bottom land 
where the lumber was on piling has now been filled in with waste material of different 
kinds, and should all be filled in to make an economical piling yard. Any trash or 
broken pieces that may have dropped into this water certainly have filled their place 
in helping to do away" with the water. If this yard had all been on high ground, no 
doubt this accumulation would have been taken away. I saw no waste of good 
material or neglect in keeping the yard in an ordinarily clean condition. The princi- 
pal mistake in the whole proposition was the location of the mill at the start. 

35601— PT 8—14 9 



842 MEiSrOMINEE INDIAN RESERVATIOX. 

With regard to the woods, I went into the woods and spent two days there. Mr. 
Nicholson was with us the first day, and Mr. Tyrrell, Mr. Holland, Mr. Brigham, Mr. 
Crowell, Mr. Kinney, and a number of Indians were there all of the two days. I 
found conditions in the woods to conform, in a number of instances, with the 
charges made by Mr. Tyrrell: that is, as far as finding logs he had photographed and 
pieces of slabs he had photographed; but as to there being any gross extravagance or 
waste in the woods, this I did not see. 

We located quite a good many logs and found large slabs cut from some of the logs, 
and also found some logs that should have been hauled in. but the explanation on 
this was that these were, particularly, logs cut for square timbers left on account of 
the early thaw. A big proportion of them had been peeled, showing that an effort 
was made to protect them, a large proportion of them will be brought in for this year's 
cut and the loss will be exceptionally small on these logs. 

The principal loss that Mr. Tyrrell dwelt on was in the cutting of these square 
timbers, and he claimed there was an awful waste in the slabs. The contract called 
hr the payment of these logs in the round; therefore he paid for such slabs as were 
left in the' woods. 

We found other logs that had been left and a number of hemlock trees that had been 
left in the last three or four years on burned areas, but the instructions at the time 
were to cut all the pine and better class of timber, as the fair season was so short that 
T-hey had to cut the timber that would pay the most, and the timber that was left 
standing, which damaged considerably by being left, was timber that would bring but 
small returns, and they did not even, in the time they had, manage to get all of the 
pine in, though practically all of it. There is no question but that the loss would be 
an exceptionall}' small per cent, considering the immense amount of timber that was 
brought in during the three or four years. 

As to the price that they received for the square timber. I understand this was |70 
per M in the tree standing. They are only getting about $80 to $85 per M for select 
cuts of the same class of timber after it has been logged, hauled to the mill, manu- 
factured, and -piled, and therefore I consider the price of $70 per M in the tree stand- 
ing, was an exceptionally good one and far better than manufacturing this timber, 
paying the cost of hauling, cutting, stacking, and then receiving but $75 per M for 
the best of it, and much less for the lower grades. 

Mr. Tyrrell's attitude, as I saw it on this trip, was one of continual faultfinding. 
He seemed to see nothing that was done right, and at each log that we would come to 
in the woods he would make a speech which seemed to be made for the benefit of 
training the Indians and making them discontented. The only time I heard him 
say a complimentary word was to Mr. Brigham when we went to the new camp 13 
And made the last stop of the evening coming, in and went out on the burned district 
where Mr. Brigham had cut down and cut up practically every log and every tree on 
the district, and we found many logs that had been foxind defe'ctive, then Mr. Tyrrell 
stated that Mr. Brigham certainly was doing his work properly there, but he was 
afraid somebody might criticize him for spending money in cutting up a lot of this 
timber that had a number of defects not \T.sible until cut, and they might accuse him 
of waste in cutting timber that should have been left alone, and yet this was the same 
class of burned timber that we had been going over, and the criticism was all the other 
way because it had not been cut. 
Yours, very truly, 

(Signed) Phil R. Smith, 

Secretary and Treasurer 



[Aflidavit of Mr. Philip R. Smitli.] 

Chicago, January 13, 1914. 
I hereby certify that the statements made in my report dated December 30, 1913, 
fo Honorable Edward E. Ayer, of the Board of Indian (Jommissioners, regarding con- 
ditions on the Menominee Indian Reservation are true and correct to the best of my 
knowledge and belief. 

(Signed) Philip R. Smith. 

State op Illinois, 

County of Cook, ss: 
Subscribed and sworn to before me, a notary public, this 13th day of January, 1914. 
[seal.] (Signed) Arthur W. Armstrong, 

Notary Public. 



MENOMINEE INDIAN RESERVATION. 843 

4. Kemnitz. 

[Affidavit of Mr. L. W. Kemnitz. lleport of Mr. Edward E. Ayer's interview with Mr. Louis Kemnitz, 
of Green Bay, Wis., a lumberman cutting timber on the Wolf River, near Neopit, Dec. 1, 1913.) 

JVIr. Kemnitz was a visitor at the Menominee Indian mill on December 1, where he 
was introduced to Mr. Ayer by the superintendent, Mr. Nicholson. Selected from 
the ensuing conversation, of a general nature, are the following questions and answers: 

Mr. Ayer. How many lumber yards have you been in, Mr. Kemnitz? 

Mr. Kemnitz. About 40. 

Mr. Ayer. How do you think this yard here compares with most of those you have 
been in, in regard to cleanliness? 

Mr. Kemnitz. Mr. Ayer, as I said, I have been in about 40 different yards and I 
think this is far superior in that respect to most of them. 

(Signed) L. W. Kemnitz, Green Bay, Wis. 

Witnesses: 

Clara K. Jansen. 
MosE A. Jansen. 

Personally appeared before me, a notary public in and for Langlade County, State 
of Wisconsin, L. W. Kemnitz, of Green Bay, Wis., who made oath thafthe foregoing 
testimony is true to the best of his knowledge and belief. 
Dated at Phlox, Wis., this 20th day of January, 1914. 

(Signed) Mose A. Jansen, 

Notary Public, Langlade County, Wis. 

My commission expires December 13, 1915. Post office, Phlox, Wis. 



5. Nelson. 

[Report of Mr. Edward E. Ayer's interview with Mr. Bernard C. Nelson, yard foreman, at Menominee 
Indian Reservation, Neopit, Wis., Dec. 1, 191.3."] 

Mr. Ayer. How long have you been foreman here? 

Mr. Nelson. Ever since it started. 

Mr. Ayer. You have had to fill it, have you? 

Mr. Nelson. Yes. 

Mr. Ayer. Hasn't it been injurious, filling it over water? 

Mr. Nelson. Yes; it had to be. 

Mr. Ayer. Couldn't it have been arranged otherwise? 

Mr. Nelson. No; I couldn't get to solid ground. 

Mr. Ayer. ^^^len you get it filled in, it will be better, of course? 

Mr. Nelson. Yes; but it hasn't settled yet. 

Mr. Ayer. Do you think there has been any good lumber, except by accident, ever 
covered up in that yard? 

Mr. Nelson. No, sir. 

Mr. Ayer. Is there any lumber that could have been sold for any price in that 
dump? 

Mr. Nelson. No, sir. 

Mr. Ayer. Those piles with ends sticking out, aren't they of any value? 

Mr. Nelson. No, sir; it might look like lumber, but it never was merchantable 
lumber. 

Mr. Ayer. How often do you go through the yard and practically clean it up? 

Mr. Nelson. I have men every day, but of course sometimes I don't have a chance. 

Mr. Ayer. Has the scarcity of labor anything to do with the yard getting in bad 
shape? 

Mr. Nelson. Yes, sir. I had to work some of the white men 16 out of 24 hours; 
the Indians would not work that way. I then told the Indians to go through the 
trams and pick up the small pieces. ^I would have had them pick up all the No. 3, 
etc., and put them in the grades where they belong, but I could not get any men. 

Mr. Ayer. All this lumber across the river and on the higher bank is in good shape, 
is it? 

Mr. Nelson. Yes, sir. 

Mr. Ayer. How much cleaner was the yard when I came here the other day than 
it usually is this season of the year? 



844 MENOMINEE INDIAX RESERVATION. 

Mr. Nelson. It wasn't any cleaner. There are always pieces dropping off now 
and then; but the mill is shut down now, and I have had a good opportunity to pick 
up. "When the mill is running night and day I don't have so good an opportunity. 

Mr. Ayer. What percentage of the pine in'this neighborhood will run C and better? 

Mr. Nelson. I would say around 50 per cent. 

Mr. Ayers. What per cent would run B and better? 

Mr. Nelson. About 15 per cent. 

Mr. Ayer. How many thousand feet of miscuts have you made this year. 

Mr. Nelson. About 160,000— one-half of 1 per cent. 

Mr. Ayer. How high have you ever known miscuts to run? 

Mr. Nelson. From about 1 to 1^ per cent we figured on where I worked before. 

Mr. Ayer. Some of them have said that the machinery was out of order and that 
the last two plank would become destroyed and have to go into the lathe plant. 

Mr. Nelson. No; the sawyer, Mr. Turney, who was on the night shift, told me his 
carriage was not working right and that the last pieces came over the slasher, but I 
didn't see anything of that kind done. 

In 1910 we piled No. 3 hemlock where that lumber was buried, and it settled 
down 8 feet. Now, the evaporation from that hogfoot kept it continually moist; it 
wouldn't dry out, so I replied it. "WTien I got down to the water's edge, after 
picking out the best of it, the bottom boards were so rotten that they were worthless. 
So I said, "Leave it there and we will cover it up, " instead of having it taken away 
for lathe. 



5. Adams. 



[Report of Mr. Edward E. Ayer's ftiterview with Mr. Peter L. Adams, foreman of the mill at Menominee 
Indian Reservation, Neopit, Wis., Dec. 1, 1913.] 

Mr. Ayer. You are the foreman of the mill, aren't you? 

Mr. Adams. Yes, sir. 

Mr. Ayer. Of course, no mill will do good work unless it is kept in order, will it? 

Mr. Adams. No, sir. 

Mr. Ayer. Has it been in good order the last year, with the exception, of course, 
of things that would ordinarily occur? 

Mr. Adams. Yes, sir. 

Mr. Ayer. How about the resaw? 

Mr. Adams. We have what is acknowledged to be a good one, although it is not the 
kind I wanted. 

Mr. Ayer. But it has done good work, as a rule? 

Mr. Adams. Yes, sir. 

Mr. Ayer. Now, there have been some complaints that on the last two plank the 
resaw would not take 6-inch stuff, but would only sa^^ 4-inch stuff. Is that true? 

Mr. Adams. Well, our resaw is an upright resaw. We have to take the slabs off 
until the first faces are clear. Now, in sawing with the big bends on the carriages 
those faces must be finished, and sometimes they go through the bark which is left 
on, and when thrown over to the resaw sometimes the bark drops off, and that makes 
a little variation in the resaw. I have cautioned my sawyers about it. 

Mr. Ayer. Wliat is the usual percentage of badly sawed lumber in a place of this 
kind? 

Mr. Adams. Well, I formerly worked for J. W. Wells. Mr. Wells is a man who has 
had 11 different mills. He is located at Menominee. He would never raise much 
of a fuss until my miscuts amounted to 2 per cent. In figuring up I find that here it 
is one-half of 1 per cent. 

Mr. Ayer. Have you had any trouble with any of your sawyers in the last six 
months? 

Mr. Adams. Yes, I have; particularly with one. 

Mr. Ayer. Will you give me his name and the nature of the trouble? 

Mr. Adams. His name is Grant (J. T.) Turney. The nature of the trouble is that 
he is a general disturber. This last season we have been short of men pretty much 
all the time, and never started a shift, night or day, where I had any assurance of 
having a full mill crew. Mr. Turney, seeing that I was in trouble, would make more 
trouble. He is a man who talks a great deal and has knocked me to others, declaring 
that I was incompetent. He stamped the setter off the carriage one morning albout 
4 o'clock, and was going to get another man, but the night foreman objected. The 
night foreman made jiim complete the shift. In the morning, on my way to work, 
I met the setter, and he told me the nature of the trouble. This setter was a man 



MENOMINEE INDIAN KESEKVATION. 845 

that Turney took on as a carriage rider and developed Iiiiii into a setter. This man 
said peremptorily that he would not wait for Tiirney any longer. This put me short, 
of a setter, and I couldn't get another, and 1 put Turney's son on as setter. 1 tliink 
he wanted to get his son a job. However, Turney's son did as well as could be 
expected. 

Mr. Adams. Another instance was where he had a rider who complained about his 
tools, his cant hook, etc., and he said, "If your cant hook don't suit you, throw it in 
the conveyor." If it had been thrown into the conveyor, it would simply have 
gone into the burner and disposed of it. 

Another offense of his: He got sour at the blacksmith, who has to look over the 
carriages twice a day. The mill stops at 6.45 in the morning, and he has three-quarters 
of an hour to look them over; also an hour at noon. The carriage crew is supposed 
to let him know what is wrong. Tumey got sour at the blacksmith; nothing he did 
was right. The dogs in our carriages are the ordinary ones that came with the mill — 
the Prescott dogs. These are all right in big timber, although in small timber they 
are, we find, inefficient. Very often they would have to make a second and third 
attempt to hold the log. This Turney blamed to the blacksmith. Along about the 
4th of July the blacksmith got sick, and I had to look after things myself. I took a 
dog out and \vithout any change put it into a block on the other side of the mill and 
run it for three weeks. The man on the other side did not complain. 

Mr. Ayer. How long did Mr. Turney work for the company as sawyer? 

Mr. Adams. This was his third season. 

Mr. Ayer. Did he ever complain about the resaws before these last six months? 

Mr. Adams. Occasionally. 

Mr. Ayer. Do you pay any attention to the percentages of lumber that comes out 
of the log? Are you in charge of that? 

Mr. Adams. No; I have to look after the cutting in the mill, but not the sorting. 

Mr. Ayer. Was there any complaint that the finish of the log could not be sawed " 
properly and was destroyed? 

Mr. Adams. No; if there was it was when I wasn't noticing things. You under- 
stand that with my multitudinous duties I can't be on the saw floor all the time. 

Mr. Ayer. But it wasn't habitually that this happened, was it? 

Mr. Adams. Oh, no. 

Mr. Ayer. This man is discharged, is he not (referring to Turney, the sawyer)? 

Mr. Adams. Yes; I discharged him . Heisnow working at one of the camps. Now, 
in further testimony, Mr. Nicholson made an investigation, and his notes are in evi- 
dence. I also have the signed statement of the men who work in the same capacity 
as Mr. Turney in the mill, and who were there at the time, of the millwright and his 
helper, of the night foreman, and of the three other sawyers. 

Mr. Ayer. Will you have copies of these statements furnished me? Will you have 
Mr. Nicholson send them to me? 

Mr. Adams. Yes, sir. 



[P. L. Adams, mill superintendent.) 

We whose names appear below use this means to contradict the statements made 
by Grant Turney to A. S. Nicholson and others. 

A. That the machinery of the sawmill was allowed to run down to such an extent 
that good lumber could not be made with it. 

B. That the men whose duties were to keep up the mill refused to respond to their 
calls, made by the signal whistle. 

C. That Turney was discriminated against in the efficiency of the men assigned 
him for his work. 

D. That the management of the mill suffered by comparison with that of other 
mills in this State during the season of 1913. 

Signed by D. C. Mover, Sawyer. 
E. J. Laporte, Sawyer. 
Theo. Laporte, Sawyer. 
Geo. Vasold, Milluright. 
Axel Fossen, Oiler. 
Otto G lasso w. Night Foreman. 



846 MENOMINEE INDIAN RESERVATION. 

7. T. Prickett. 

[Report of Mr. Edward E. Ayer's interview with Mr. Thomas Prickett, one of the committee appointed 
by the tribe, at Menominee Indian Reservation, Neopit, Wis., December 1, 191.3.] 

Mr. Ayer. How long have you been connected with this plant? 

Mr. Prickett. Ever since it was built. 

Mr. Ayer. Are you now working? 

Mr. Prickett. No; not for the last two years. 

Mr. Ayer. Are you an Indian? 

Mr. Prickett. Yes; not a full blood, but I am a member of the Menominee tribe. 

Mr. Ayer. Now\ in a few words, tell me what is the matter. Wliat do you suggest 
as the remedy? 

Mr. Prickett. The log superintendent here was not competent to run our plant, 
that is Mr. Woodcock, who left here some time this spring or summer. 

Mr. Ayer. Was he discharged? 

Mr. Prickett. No; he resigned last spring. 

Mr. Ayer. "\Mio is in his place now? 

Mr. Prickett. Brigham. 

Mr. Ayer. Have you had any experience with him? 

Mr. Prickett. From all accounts, since he has been here he has attended to his 
business and I know he is trying to save money for the tribe. He is a gentleman. 
Now, if Mr. Woodcock got money for us we would all help him. 

Mr. Ayer. You are familiar with other loggings, in other sections of the country? 
Have you logged for private concerns? 

Mr. Prickett. I worked at Merrill, Wis. 

Mr. Ayer. Is the lumbering done here on this reservation the last two years satis- 
factory? 

Mr. Prickett. No, sir; it is not. 

Mr. Ayer. In what respect was the logging under Mr. Woodcock bad? 

Mr. Prickett. When a man is superintendent of three or four camps he has no 
business in this office all the week. They hired men with no experience of sawing 
logs that would make good lumber. 

(Here Mr. Prickett detailed an instance supposed to bear out this statement.) 

At this point Mr. Ayer explained to Mr. Prickett how the plant had added to the 
funds at Washington, during the past two years, $444,000; that there had undoubt- 
edly been mistakes made in the woods and about the mill, and that our present duty 
here was to find out how important they were. Also that Mr. Ayer's expert had 
reported that the accounts were in good shape. 

Mr. Ayer. What is this attorney "employed by you Indians for? 

Mr. Prickett. Well, now, we Indians can come up here to Mr. Nicholson, but 
can not get information; but Mr. Tyrrell can come up here to Mr. Nicholson and he 
knows what Ave Indians want and can find out from Mr. Nicholson. 

Mr. Ayer. Don't you think the yard here to-day is in good, satisfactory condition? 

Mr. Prickett. Yes; everything is clean. 

Mr. Ayer. Are the lumbering camps kept clean. 

Mr. PrickStt. I think they are. 

Mr. Ayer. You would be perfectly satisfied with Mr. Nicholson if they are making 
good money here? 

Mr. Prickett. Yes, sir; perfectly satisfied. 



7-A. Prickett to Tyrrell. 

[Copy of Mr. Thomas Prickett's letter to Mr. T). V. Tyrrell, dated Neopit, Wis., December 11, 1913, and 
sent to Mr. Tyrrell at Washington, D. C] 

Mr. D. F. Tyrrell, Washington, D. C. 

My Dear Tyrrell: Inclosed herewith find typewritten copy with my own 
attached as per your request of December 9, last. 

If I understand it correctly, you want me to answer the questions as I gave them 
at the time I had an interview with Mr. Ayer. You will note on the typewritten 
cojjy of pencil marks, which means are errors of the stenographer or Ayer. 

Q. Was he discharged? — A. I did not know, he resigned to take another place. 
Understand he got bigger wages. 

Q. Who is in his place now? — A. There is a man here now. I heard he was doing 
good work and trying to pick up all the logs that was left. 



MENOMINEE INDIAN EESERVATION. 847 

Q. Have you had any experience with him? — A. (Down to furlher line about Wood- 
cock.) Now, if Mr. A\'oodcock made money for lis we would like it, but he did not. 

Q. What is this attorney employed by you Indians for?- A. 1 told him we could 
come to Nicholson and he'd turn us down, and we want him as our attorney during 
the investigation — the one that is coming. 

Q. Don't you think the yard here to-day is in good, satisfactory condition? — A. (He 
also asked me if the yard was cleared every two weeks, and I answered No, for it 
never was cleared for two years; and could get 50 white employees to testify to this.) 

Q. Are the lumbering camps kept clean?^A. I don't know. 

Q. Are you familiar with other loggings, in other sections of the country. Have 
you logged for private concerns? — A. Worked for Mr. McCord, of Merrill, Wis., for 18 
years. I estimated timber for him and bought on my estimation, and I put it in— 
that is, the timber. 

There seems to be a question left out entirely, as I remember of putting it up to 
Mr. Ayer, explaining to him that there were too many men working both here at 
the mill and the camps. This is what Ayer leaves out of the report. Now, Mr. 
Tyrrell, these answers in response to the questions asked me are about as near as I 
can remember of answering; they do not differ very much, as shown on the report, 
only that there is a lot left out. 

I am also sending you under separate cover the films you asked for, which goc.^ 
forward in to-day's mail. 
Very truly, yours, 

(Signed) Tom Prickett. 



7-B. Prickett. 

[Report of Mr. Edward E. Ayer's second interview with Mr. Thomas Triekett, at Menominee Indian 
Reservation, Neopit, Wis., December 17, 1913.] 

Mr. Ayek. There has been a question come up about the money raised by the tribe 
here and given to attorneys. How much money has been raised for that purpose and 
given to attorneys? 

Mr. Prickett. I have the book at the house; I couldn't say. 

Mr. Ayer. Will you furnish me a list of these names tJiis afternoon? 

Mr. Prickett. Yes, sir; certainly. 

Mr. Ayer. That monev was sent to Mr. Ballinger in Washington or given to Mr. 
Tyrrell? 

Mr. Prickett. No, sir. 

Mr. Ayer. Sent to Mr. liallinger? 

Mr. Prickett. Yes, sir: $250. 

Mr. Ayer. You raised |250 for Mr. Tyrrell? 

Mr. Prickett. No, for Mr. Ballinger. We raised it for the investigation that is to 
come. 

Mr. Ayer. Did you expect, then, when the investigation was here, to have a lawyer 
come here? 

Mr. Prickett. Yes, to conduct our affairs. 

Mr. Ayer. Had you been promised an investigation? 

Mr. Prickett. I think the Indian Office appointed some joint committee to inres' 
tigate all the reservations hi the United States. 

Mr. Ayer. Who promised you? 

Mr. Prickett. The department. 

Mr. Ayer. You were in the party that went in the woods? 

Mr. Prickett. Yes, sir. 

Mr. Ayer. Had you been logging in the woods? 

l>/ix. Prickett. No, sir. 

Mr. Ayer. For what pyrpose did you go? 

Mr. Prickett. Well, there has been parties here that saw timber that Mr. Xemuitz, 
left lymg here cut and I was ordered by the committee to see where the logs were. 

Mr. Ayer. Then there is a committee appointed bv the tribe to look after these 
affairs? 

Mr. Prickett. Yes, sir. 

Mr. Ayer. Who are the members of the committee? 

Mr. Prickett. Mitchell Oshkenaniew, Louis La Frombois, and myself. 

Mr. Ayer. Just three of you? 

Mr. Prickett. Yes. 

Mr. Ayer. Is Oshkenaniew still in good standing in that committee? 

Mr. Prickett. I think so. 



848 MEXo:\nxEE ixdiax eeservatiox. 

Mr. Ayer. Iu regard to cleaning up the mill. They commenced cleaning up when 
the mill was shut down? 

Mr. Prickett. I think so. 

Mr. Ayer. After they shut half they commenced to clean up? 

Mr. Prickett. Yes, sir. 

Mr. Ayer. ^Mien all the mill was shut down they put on a greater force? 

Mr. Prickett. Yes, sir. 

Mr. Ayer. Now, you say that all of this money that was raised here was sent to Mr, 
Ballinger? 

Mr. Prickett. No, sir; Mr. Tyrrell; we had to pay his expenses. 

Mr. Ayer. Allien he came up? 

Mr. Prickett. Yes, sir. 

Mr. Ayer. How much did you pay him? 

Mr. Prickett. We paid hirti $125." 

Mr. Ayer. The balance of the $250? 

Mr. Prickett. The balance was sent to Mr. Ballinger. 

Mr. Ayer. Do vou know that La Frombois mortgaged his place and sent $250 to 
.Mr. Ballinger? 

Mr. Prickett. No; I do not think so. 

Mr. Ayer. You never heard that he sent any? 

Mr. Prickett. I think he did. 

Mr. Ayer. You have heard of it? 

Mr. Prickett. Yes. 

Mr. Ayer. How much was that? 

Mr. Prickett. That was $250 that we raised for Mr. Ballinger. 

Mr. Ayer. Then you raised $125 later for Mr. Tyrrell? 

Mr. Prickett. Yes; for his expenses. 

Mr. Ayer. That money was raised by La Frombois, the $250? 

Mr. Prickett. Yes. 

Mr. Ayer. You do not know whether he mortgaged hie place or not? 

Mr. Prickett. No; he had no real estate to mortgage. He had friends and raised 
the money. 

Mr. Ayer. So that makes $375 the tribe has raised altogether? 

Mr. Prickett. Yes. 

Mr. Ayer. ^\^len was the money sent to Mr. Ballinger? 

Mr. Prickett. Just before you came up the other time. 

Mr. Ayer. It has been supposed, Mr. Prickett, that a law firm of Tyrrell & Ballinger 
are attorneys before the Court of Claims for Mr. Cook in pressing his claim against the 
Menominee Indians before the Court of Claims. Is that true? 

Mr. Prickett. I do not think it. 

Mr. Ayer. What reason have you for not thinking that Mr. Tyrrell and Mr. Bal- 
linger represent Mr. Cook in his" claim for $32,000 and $100,000 damages before the 
Court of Claims in Washington? 

Mr. Prickett. This: Tyrrell would not accept his claim because it was turned 
down here before they took up them other cases. That is how I came to know it. 

Mr. Ayer. Has Tvrrell told vou or any Indians in your presence that he had nothing 
to do with it? 

Mr. Prickett. Yes, sir; he said so. 

Mr. Ayer. He told the Indians so in your presence? 

Mr. Prickett. Yes, sir. 

Mr. Ayer. Do you think he is attorney of some of the Indian claims on the same job? 

Mr. Prickett. Yes, sir. 

Mr. Ayer. You feel very sure that Mr. Tyrrell and Mr. Ballinger have nothing to do 
with the Cook claim before the court in Washington? 

Mr. Prickett. Yes, sir. I am sure. 



8. La Frambois. 

[Report of Mr. Edward E. Ayer'.s interview with Mr. Louis La Frambois. at Menominee Indian Reser- 
vation, Neopit, Wis., December 1, 19li.] 

Mr. Ayer. 1 have come up here, and I find a great deal of dissatisfaction. Now, 
what's tlie matter with you? 

La Frambois. Mr. Ayer, I came here a few months before Mr. Nicholson. At one 
time there was an engineer here, who was discharged. This Indian who was dis- 
charged wanted me to write Senator La Follette, and in my letter I told the Senator 



MENOMINEE INDIAN RESERVATION, 849 

that some of the people here were well capable of being camp foremen. I told him I 
was also a good fireman; that I conld go into any plant as a good scientific fireman. 

Here Mr. La Frambois presented a copy of Mr. Nicholson's report against him. 

Mr. Ayer. I want to find out what you know about this place. You have worked 
around here for three years? 

La Frambois. Yes. 

Mr. Ayer. Have you worked in other mills? 

La Frambois. Yes, sir. 

Mr. Ayer. Are you familiar with the conditions in other mills, with the dirt around 
the mills, etc.? How does this compare in cleanliness armmd the town, in the camps, 
in the planing mill, aroimd the yard, in the warehouse, etc., with other mills? 

La Fra.mbois. I have been here since the Fumber began to be piled, and it was 
never clean until this fall. 

Mr. Ayer. Do you consider the breakage around here excessive? 

La Frambois. Y'es, I do. 

Mr. Ayer. Now, around the mills and the supply department, isn't, it as clean as 
you usually find? 

La Frambois. Y"es, sir; they are in good shape. 

Mr. Ayer. Do you know how many Indians have been employed here during the 
past year? 

La* Frambois. No. 

Mr. Ayer. 271 have been employed permanently by the mill even.- day of the 
year, on the average. Don't you think this was a good portion of the 480 able-bodied 
men in the tribe? 

La Frambois. They could have got more. We have had men here who were as 
good carriage riders as wliite men, but they could not see any prospect of advance- 
ment and so they quit. 

Mr. Ay'er. What were they getting? 

La Frambois. $2.25 a day. 

Mr. Ay'er. Do vou think it was wise for them to throw up a jol) when thev were 
getting this salary? $60 a month? 

La Frambois. Well, Mr. Ayer, carriage riding is very hard work, and when they 
saw they could not be advanced they simply quit and went at other work. 

Mr. Ayer. Have you any other grievance yourself, personally? 

Mr. LaFrambois. No. My grievance is that I am a good fireman and have had a 
lot of experience. 

Mr. Ayer. Well, did you ever quit a joli l)ecause they would not make you an 
engineer? 

Mr. LaFrambois. No: I did not. 

Mr. Ayer. And still you think these men who quit had a grievance? Don't you 
know that this is a business ])roposition here, that they have to make this mill pay? 

Mr. LaFrambois. Mr. Ayer, when I came here my ambition was to become an 
engineer, but I feel that I never could. I wanted to be, in my old age, an engineer 
and take care of everything. I know I could learn these things, but I never get a 
chance. My future is going to look just as black as the blackest depths of Hell just as 
long as I stay here and there is no change. My wife likes this place here, but if this 
man stays here I am going to break up my happy home and go away. 

Mr. Ayer. How many children have you? 

Mr. LaFrambois. I have seven children. 

Here Mr. Ayer advised LaFrambois not to carry out his intention, to alter his point 
of view, telling him never to quit a job until he had another, and never to refuse a job. 

Mr. LaFrambois. I have been a woodsman for 20 years and yet a man comes here 
for 20 minutes and tells me I don't know anything about it. 

And I want you to put this down, too — that I have been a citizen of the United States 
and voting for 21 vears. 



8-A. La Frambois to Tyrrell. 

[Copy of letter from Mr. Louis D. LaFramboLs to Mr. D. F. Tvrrell, attorney, dated N'eopit, Wis., Decem- 
ber, I'.m.] 

Neopit, Wis., December, 1913. 
Mr. D. F. Tyrrell. 

Sir: T find in the interview with Mr. Ayer on December 1, 191:3, are not as I worded 
the facts to him. I suppose it is due to the fact he had so much to do in such a short 
space of time, he also failed to take anything that might be damaging to Mr. Nicholson. 
I do not understand how this can be, as Mr. Ayer assured me he was my friend. I am 



850 MElSrOMIXEE IXDIAX EESERVATIOX. 

not saying he is not jny friend, but he is not a lover of fair play. I did not tell Mr. 
Ayer that I wrote to Mr. LaFoUette and told him I was a scientific fireman. I told 
Mr. Ayer himself that I had done scientific firing— that is the way us firemen term it 
when we test coal. 

He failed to state that I showed him recommendations from very reliable people to 
show that I had been a lumberman for over 20 years, also a letter to show I was chief 
firemen for the Menominee River Sugar Co. at one time. Now the Menominee sugar- 
beet factory is one of the largest of its kind in the world . He also failed to say anything 
in regard to Mr. Nicholson's report against me. It showed Mr. Ayer very plain that 
Mr. Nicholson's report was a pure fabrication manufactured to suit his own purpose. 
I also told Mr. Ayer I did not quit the sugar factory because they did not make me 
chief engineer for the simple reason the Menominee River sugar factory is not owned 
by the Menominee Indians, they were not obliged to make me an engineer; but this 
plant here at Neopit was built here to educate us, but the opportunities to learn are 
denied us. I did not tell Mr. Ayer I was going to break up my home, but I told him 
this, if Mr. Nicholson stays here, a lot of us Indians will have to leave the reservation; 
my wife likes it very well here and that he, Mr. Nicholson, might be the cause of break- 
ing up our happy home. 

I said, Mr. Ayer, do you know that Dr. Dixon made a statement at Green Bay, 
Wis., to the effect that he found the Indians actually starving on some of the reser- 
vations? Mr. Ayer said he did not read the statement. Well, I said, such conditions 
exist right on this reservation, that a lot of Indians might die of starvation if Mr. Nichol- 
son stayed any longer. 

Now we will come to the engineering question. Mr. Ayer told me a man had to be 
a machinist before he could become an engineer. I told him I was no mechanic but 
this plant being built here for the Indians I thought they ought to overlook a few things 
and give me a chance, as we had a very good mechanic here in the shop who could help 
me. I then told him of my family, how I loved my little ones just as he did his; that 
if I got a position that paid fair wages I could take better care of my little ones; that I 
was getting along in years and felt that I was entitled to it. 

Question. Mr. Ayer, I have showed you that I am a lumberman, have been one 
for over 20 years. 

Answer. You have showed me you are a first lumberman; also, a first-class fireman. 

I've showed you I have been a lumberman for 20 years. Now, there is men who 
will come here who are not able to show and can not show to-day where they have 
been lumbermen for 20 minutes before coming here; yet those men will tell me I 
do not know what I am talking about. 

Now, when those logging cars were first brought here, I helped to put them together. 
It did not require skilled labor. There was two of us engaged in the work. The 
only difference between us was this: I was a better man than he was — meaning the 
mail I was working with. He got $2 per day, while I got $1.50 per day doing the 
same work. 

Mr. Ayer did not like this kind of treatment, and he asked if this was done under 
the present administration. I told him it was under Mr. Nicholson's administration. 
This was omitted. How about the lumber yard? I told him I was sure the yard 
never was cleaned till this fall and told him 1 could swear to that. I told I could 
get other men hero who would also swear to the same thing. Mr. Ayer said I will 
take your word for it. 

This is what took place to the best of my knowledge. 

I will say, further, that the men who are employed here as engineers are not machin- 
ists by any means. I know, myself, that this man Beutly, who is running the big 
engine here in the mill, was carrying wrenches for a steam fitter when this mill was 
built. Now, if I was an engineer, I do not think I would be around helping a steam 
fitter for a couple dollars per day when I could be running an engine somewhere 
for twice as much money than what he was getting; but, you see, if an Indian asks 
for such jobs, he has to be a very competent man or he don't get the job. 

Now, concerning the woods work, here is where we are the heavy losers. I am 
one man that would not be a camp foreman under the present administration, because 
those people does not know how to log. Their method of logging is very expensive. 
I believe I could go up here to Camp No. 18 and save this tribe of Indians anywhere 
fi'om one to five thousand dollars just in this winter's work. I am not talking for a 
job as logging superintendent; l)ut 1 say if I was logging superintendent I could 
do that and do it easy. 

Now, there is a man here who was riding carriage here in the mill. He is a French- 
man. Now, the sawyer is a Frenchman also. This carriage rider buys this sawyer 
a $5 hat to let liim set for him. What is the result? He gets the job, not because 
he is capable, but because h? buys this $5 hat. This is just to show how much 



MENOMINEE INDIAN RESERVATION. 851 

chance an Indian ha? licre. 1 told Mr. Ayor I was a Vdtcr and had been for 22 years, 
and not 21 years, as lie has it. This was to show we are not all ignorant savages as 
we are sometimes painted. 

Louis D. La Fuomijoih. 



8-B. La Frambois. 

[Copy of letter from Mr. Louis La Frombois to Mr. Edward E. Aver, dated Neopit, Wis., December 17, 

1913.) 

Neopit, December 17, 1913. 
Edward E. Ayer, 

Chicago, III. 
Dear Sir: Just received your letter of recent date, stating you was in receipt of a 
letter telling you I had mortgaged some property in Marinette to raise |200 to send to 
Mr. Ballinger at Washington, D. 0. It seems you want to protect my interests, does 
it not? Mr. Ayer, I told you once before I had a lot of respect for old age, and I tell 
you again. Now, Mr. Ayer, don't you think it would have been better if you had 
looked up records and find out those things before you said anything about it? Mr. 
Ayer, you made a statement at Keshena that I had mortgaged property to raise money 
to send to Mr. Ballinger. Now you did me a great injustice for saying things you 
absolutely knew nothing about. 

I gave you my hand when you told me you was my fi'iend, but you have proven it 
to my entire satisfaction you are not my "friend. Now, if you are my friend please 
let me know who wrote you such a letter. If you want to be my friend and want to 
protect my interests, have this man Nicholson removed at once. Then we will think 
you are the grandest old man that ever lived. 
Respectfully yours, 

Louis D. La Frombois. 

Neopit. Wis. 



9. TURNEY. 

[Report of Mr. Edward E. Ayer's interview with Mr. T. J. Turney, sawyer, at Menominee Indian Reser- 
vation, Neopit, Wis., November 30, 1913.] 

Mr. Turney was presented to Mr. Ayer by Mr. D. F. Tirrell, an attorney, and was 
interviewed in the presence of Mr. Tirrell. 

Mr. Ayer. Are you working at the mill now? 

Mr. Turney. No; I am in the woods now. I used to be the head sawyer until the 
4th of October. 

Mr. Ayer. Mr. Turney, I wish you would outline, in a general way, what you think 
is the trouble around here. 

Mr. Turney. The principal trouble has been with the mill, that there has been 
nobody looking after it. We would try our best to get anything that went wrong in 
the mill fixed, but without success. Now, one time our lubricator went wrong, and 
I called the millwright's attention to it, but at 10.45 they went out to dinner without 
replying. I found Mr. Adams then and told Mm my trouble, but still nothing was 
done between that time and noon, and so I cut only 500, and I should have cut some- 
where from eight to nine thousand. Another tiling that has been wrong is the resaw. 
A resaw is supposed to cut rough stock. Now, the way this one is fixed it splits in the 
center. You have to take off the slab and the 2-inch board and the 2-inch plank. 
They have been experimenting with tliis resaw ever since I have been here, and I 
guess they always will be. 

Mr. Ayer. Now, in regard to this resaw, and this breaking down, liow lotig ha\e you 
sawed in tliis mill? 

Mr. Turney. Four years the latter part of tJtds winter. 

Mr. Ayer. Has this occurred before; that is, the breakdowns not attended to 
promptly? 

Mr. Turney. Yes; and the entire force of millwrights after 10.45 do not pretend 
to do anything; they get ready to go to dinner. The proper way is to go at 11 and 
leave the mill running alone until they get back again. 

Mr. Ayer. What time do thej' return? 

Mr. Turney. Well, they generally go down to the blacksmith shop and sit around 
until the 12 o'clock wliistle blows, and then they go into the mill. 

Mr. Ayer. Then between 11 and 12 there are not anv millwrights in the mill? 



852 MENOMINEE INDIAN RESEKVATION. 

Mr. TuRNEY. No. 

Mr. Turkey. Last fall when they shut down the lumber was being spoiled. Mr. 
Adams sent to Prescott's to get a man to fix the set works. So we got a man down 
here to repair them. When he came he found that Mr. Adams had removed what he 
considered the king pin of the set works, what he calls the cushion. Mr. Adams told 
me to go M-ith tliis man and watch him to see that the set wcjrks were fixed. A fellow 
stayed here about four days, and all he had to do was to put back on what they had 
taken off. 

Mr. Ayer. Did they then work all right? 

Mr. Turney. Yes. 

Mr. Ayer. How long had they been running badly? 

Mr. Turney. A full season — a year. 

Just before we shut down for the Fourth of July Mr. Adams notified me that the 
sawyers would not do any repairing. So consequently we kept away from the mill 
for 10 days, and when we came back we found the carriage in the most ridiculous 
shape, and consequently we couldn't move a truck on the carriage. Well, after we 
got the carriage adjusted we found the head blocks were 1| inches away from the 
saws. The dogs here have never been taken care of. One would get bent, and they 
would come out and bend it back cold, which would make it like a letter S. Mr. 
Adams let this go eight days one time before this was fixed at all. 

It would be safe to say that 60 per cent of the last two plank went on the slabs to 
the slasher, and whether they were cut for lath or went to the burner I don't know. 

To go back to the resaw. This can do nothing but split in the center. Now, if 
we had a bill for 3 by 5s, 3 by 8s, or 3 by 12s, this resaw is supposed to cut up anything 
from 14 inches down, but you can not cut 3-inch. 

Mr. Ayer. That is the fault of the type of resaw that they have. 

Mr. Turkey. No. It is the fault of the remodeling that Mr. Adams did. 



10. La Porte Brothers. 

[Report of Mr. Edward E. Ayer's interview with Mr. Theo. La Porte and Mr. Ed. La Porte, sawyers, 
Menominee Indian Reservation, Neopit, Wis., Dee. 1, 191.3. Mr. Theo. La Porte speaking, and ex- 
pressing the views ol both.] 

Mr. Ayer. Are you connected with the mill? 

Theo. La Porte. Yes, sir; I am one of the sawyers. 

Mr. Ayer. What has been the general condition of the mill for the past year a^ 
far as its adaptability to saw good lumber and everything of that kind? 

Theo. La Porte. Well, sir, in general I think the conditions of the mill havebeen 
up to the standard, and, as to the mill manufacturing lumber as other mills, I think 
it has been as good as any of them. 

Mr. Ayer. Which side have you sawed on? Who was your other sawyer? 

Theo. La Porte. D. C. Moyer. 

Mr. Ayer. Does he feel about the same as you do? 

Theo. La Porte. Yes, sir. 

Mr. Ayer. Do you think if any bad lumber comes through that the machinery of 
the mill has been to blame? 

Theo. La Porte. That's just about the way it has been. The machinery has been 
out of order, but just for a short time. 

Mr. Ayer. And when you reported anything wrong with the carriage or dogs or 
anything it has been attended to in a reasonable time? 

Theo. La Porte. Yes, sir. 

Mr. Ayer. Do you pay any attention to the grade of lumber that comes out of 
certain logs? 

Theo. La Porte. Yes, sir; we do; that is our business. 

Mr. Ayer. Now, in sawing a log of, say, 500 feet, what would it make? 

Theo. La Porte. Well, it isn't our business so much to figure out what the log 
will make, but to go after the grades. 

Mr. Ayer. Well, what percentage of, say, B and A boards do you get out of a white 
pine log? 

Theo. La Porte. Probably one-third, of the higher grades. 

Mr. Ayer. Are there any logs here that will run more than one-third of the two 
best grades — B and up? 

Theo. La Porte. Well, sometimes we can cut as low down as D — select and better. 

Mr. Ayer. But, taking 150 of the best logs that come out, the average would be 
how much? 



MENOMINEE INDIAN RESERVATION. 853 

Theo. La Porte. I think we oukIh to jjet on an iiverage, riglit straight through, 
25 per cent of D and better. 

Mr. Ayer. Would there be very much culls? 

Theo. La Porte. Why, no; very few. 

Mr. Ayer. Did you have any difficulty the last six months before you shut down? 

Theo. La Porte. No. sir. 

Mr. Ayer. The machinery was satisfactory and everything attended to at the 
proper time? 

Theo. La Porte. Yes, sir. 

Mr. Ayer. And you have run opposite Mr. Turney for his last si.x mouths in the 
mill, and you hnd his machinery was all right and everything, and that there was 
nothing the matter on account of the mill being inadequate? 

Theo. La Porte. Oh, no, sir [meaning the mill was not inadequate]. 



11. Kinney's Report. 

[Supplementary report of Mr. J. P. Kinney, supervisor of forests, in the einplov of I'nited States Uovern- 
ment, dated Dee. 10, 1913.] 

December 10, 1913. 

My Dear Mr. Ayer: In ray report of December 5, 1913, to you, regarding the 
lumbering operation conducted by the Indian Service at Neopit, on the Mcnoininee 
Indian Reservation in Wisconsin, I gave you in detail the most faithful word picture 
that I could of the conditions as I actually found them during an investigation ex- 
tending over the four days November 29 to December 2, 1913, inclusive. I 
thought it advisable to put into permanent form a statement of the facts as presented 
to us by the Indians and purposely avoided an expression of my personal opinions 
upon the situation, except so far as was necessary in order to give you a clear \'iew of 
the "setting" of particular occurrences in the woods and of the general impression 
which, as it seemed to me, those occurrences would make upon anyone. That is, I 
aimed to confine myself as much as possible to the function of a witness and to present 
facts from which you could draw conclusions. In compliance with your subsequent 
request, I shall now express briefly my own conclusions as to what I found at Neopit. 
I shall discuss the woods end of the operation chiefly, for I have as yet had but limited 
opportunity to investigate conditions at the mill and I know that you were able to 
make a personal examination of conditions in the mill and lumber yard. 

Prior to the autumn of 1910 all logging under the act of March 28, 1908 (35 Stat. L. , 51), 
had been conducted in the area west of Neopit along the branch line of the Wisconsin 
Northern Railroad and in a small area near the mainline of this railroad at the southern 
border of the reservation. 

The year 1910 was one of exceptional drought and severe forest fires. In the late 
summer or autumn of that year a fire burned about 50,000,000 feet of timber in parts of 
sections 24 and 36 of township 30 north, range 14 east, and sections 19, 20, 29, 30, and 31 
of township 30 north, range 14 east. The larger part of this timber was white pine. 
It was, of course, recognized that the worms would seriously injure this timber if it 
were not logged within two years. Very late in the fall of 1910 work was begim on a 
logging railroad which connected with the Wisconsin Northern near the center of sec- 
tion 33, township 30 north, range 14 east, and extended in an easterly direction to the 
burned area. 

Logging operations during the following two years were confined almost exclusively 
to the timber which had been burned . In the fall of 1910 three camps, 11 , 12A . and 14, 
were built in the burned district. These camps directed their efforts chiefly toward 
the sa^ing of the white pine which had been burned. Over 15,000,000 feet of pine 
were cut and decked. As soon as the railroad could be completed in the spring of 1911 
the hauling of these logs to the mill began. Fortunately no fire occurred in the summer 
of 1911 , and the burned pine was brought to the mill and manufactured at a satisfactory 
profit. 

The only really serious waste of timber in the woods to which our attention was 
directed consisted of the white and Norway pine logs, which were not taken out from 
a part of the area logged in 1910-11. As I have said in my report of December 5, 
the leaving of white pine logs of the quality which we found seems entirely inexcus- 
able, but when consideration is given to the very unusual conditions which existed 
there at the time, it is easy to understand how the superintendent of logging then in 
charge might have become somewhat indifferent to the aim of clean logging, his 
effort being to make every stroke of work count in the accomplishment of the big 
things in hand. 



854 MENOMINEE INDIAN EESEEVATION. 

I do not wish to be understood as condoning or palliating the failure of the manage- 
ment to pick up valuable pine logs lying near the railroads and sleigh roads, but I 
am presenting the above facts as a reasonable explanation of why results were as we 
found them. It must be admitted that Mr. C. H. Woodcock, tlie superintendent of 
'logging, worked with tremendous energy and that whatever his faults and mistakes 
may have been, he succeeded in bringing the logs from the Evergreen district to the 
Menominee mills at Neopit at an exceptionally low figure. The cost of logs in the 
pond at Neopit, cut during the year 1910 to 1912, inclusive, in the Evergreen district, 
was from $1 to $2 less than the cost of logs under similar conditions at other mills in 
Wisconsin. 

The greater portion of the timber cut in 1911-12 consisted of hemlock (22,000,000 
feet). The leaving of burned hemlock uncut witliin the area of logging operations 
of 1910-11 and 1911-12 was pointed out by the Indians as particularly representative 
of mismanagement. As I have observed in my report of December 5, the hemlock 
market in the autumn of 1910 gave promise of a margin of only 66 cents per thousand 
in the manufacture of hemlock lumber and this $0.66 must cover both stumpage and 
profit on hemlock sold during the period October 1, 1911, to September 30, 1912, was 
only S1.56. The cost of manufacturing this lumber was not above the average cost 
at otlier mills of the same grade in the State of Wisconsin. Clearly the management 
made no mistake in devoting its cliief energies toward the saving of pine rather than 
hemlock, and the enormous loss which has been alleged, through the lea\'ing of the 
less accessible hemlock and that of poorer quality never, in fact, occurred. 

The cedar cut by Paul Tebeau and left in the woods was within the logging area of 
1911-12. This operation looks bad. The loss in stumpage value there was not seri- 
ous, but the amount expended by the mills in "staking" the Indian contractor, 
Tebeau, in this fizzling attempt to cut and land cedar was a clear loss. It is hard to 
fix responsibility in such a case as this. I don't feel that it is just to criticise Mr. 
Nicholson too harshly for disastrous results which flowed from an attempt on his part 
to encourage an Indian in industry. 

Aside from the leaving of pine, hemlock, and cedar in 1910-11 and 1911-12, no 
evidence of waste or mismanagement of any serious consequence was presented, 
except the leaving of unpeeled pine logs in the woods during the summer of 1913 
from the square timber operation and other cutting of 1912-13. The number of 
such logs was not large. I should judge the whole amount thus left would not exceed 
20,000 feet. At a stumpage of $11 per thousand, this timber has a value of $220. 
Even if these logs be given a stumpage value double this amount the value is not of 
great relative importance in connection with a lumbering plant logging 30,000,000 
feet a year. I have no hesitation in asserting that the stumpage value of these par- 
ticular logs for sawing into timber at Neopit, or at any other mill, was less than $20 
per thousand. For the sake of argument, let us put the value at $20 per thousand. 
This gives a value of $400 to all that was left. The depreciation could not possibly 
be placed above 10 per cent, or $40. Is not this a mere bagatelle compared with the 
loss of time and cash which have been expended by the Indians in an unwise and 
misdirected attempt to make the little hill of nonfeasance appear a mountain of mal- 
feasance? 

I am sincerely thankful that the Indians observed the mistake that had been made 
and that they desire to direct attention to it. I can not escape the conviction that 
if all of them had been perfectly honest and possessed of a really helpful public spirit 
the matter would have been reported to Supt. Nicholson and probably corrected. 
And it is but just that I should say that, in my opinion, more things of this character 
would be reported to Mr. Nicholson if hisattitude toward the Indians and hisemployees 
were less reserved. If Mr. Nicholson were more approachable, possibly there would 
be less tendency on the part of the Indians to confide their imperfect knowledge 
and fancied wrongs to persons having a limited and biased perspective of affairs 
upon the reservation. 

When sifted , the charges of waste and loss in connection with the cutting of white- 
pine and rock-elm timbers were found to be of little substance. The slabs taken from 
the pine timbers had been paid for. An exceptionally high price had been received 
for the pine taken. No man with any acciu-ate knowledge of the market value of 
white-pine and rock-elm timber in Wisconsin would think of charging that the Indians 
were suffering a loss throiigh the sale of the hewn white pine and rock elm. 
. During the 13 months from September 1, 1911, to September 30, 1912, the Menomi- 
nee Indian mills sold 11,717,870 feet of wliite pine at an average pric6 of $24.62 per 
thousand. I believe it fair to assume that substantially representative quantities 
of the different grades that the Menominee white pine will cut out were included 
in the amount then sold. That was the year when the large cut of pine made in 
1910-11 was sold. The average cost of all lumber loaded in the car for shipment, 



MENOMINEE INDIAN RESERVATION. 855 

without stumpage, was showu by the Neopit books for the year ending September 
30, 1912, to be $9.72 without stum])ago. This shows $14.90 for stumpage and profit 
combined. The cost of manufacturing })ine is soniowliat less than the average for, 
all species. Let us assume that the cost of manufacturing ])ine was only $9. This 
would leave $15.62 for stumpage and ])rolit. The ])riccs'of white ])ine'in general 
have not advanced since September 30, 1912. W'liitc i)inc B. mAvci and better, is 
quoted to-day by the standard Minn(>a]ioli,s price list at §72 per thousand for 2-inch 
stock. Very small quantities may be ol)tainc(l by careful selection wliich will bring 
as high as $85 when sawn in especially tliick i)lauk. However, the greater part of the 
higher grade output of mills manufacturing northern white pine is sold as select 
and better. The Mghest quotation on this is $65 per thousand for 2-inch stock. 
Now, the sort of timber wliich is taken by Mr. Kemnitz under his hewn-timber con- 
tracts would not saw out more than 30 per cent of C select and better. The other 
70 per cent would fall into lower grades and part of it would need to be sold in the 
form of sawn lumber for as low as $35, or even $25, per thousand . As the timber which 
was cut by Mr. Kemnitz in the spring of 1913 was sold at $70 per thousand stumpage 
for all he took, including the slabs which he hewed off, I am at a loss to understand 
how anyone with ordinary intelligence and sincerity of purpose can assert that the 
Indians suffered a loss because this pine was not brought to the mill and manufac- 
tured. Should it be suggested that the pine could have been cut into logs and sold 
for manufacture outside the reservation, I venture to assert that the logs which Kem- 
nitz took in 16-foot lengths on cars could not have been sold for $35 per thousand, 
or one-half what was received for them without the cost of logging. Furth<n-morc, 
the logging could not be done on this timber as cheaply as on the pine logged in 
1910-11. ' 1 .. 

Let us discuss rock elm for a moment. The mill run value of the rock elm sawn 
into lumber and sold at Neopit in the fiscal year 1912-13 was §18.84 per thousand. 
The average cost of manufacture during that period was $10.16. Over two-thirds 
of the entire cut was hemlock, and the cost of manufacture on rock elm alone 
was probably at least $11.50 per thousand. This leaves $7.34 for both stumpage 
and profit. Careful computation at Neopit has shown that the sale value of 1,000 
feet board measure rock elm at 47 cents per cubic foot of hewn timber is $31.82. If 
we deduct from this $31.82, a charge of $2 to help wipe out the book charge for rail- 
road construction, overhead expense, etc., which must be met by all stumpage cut 
on the reservation, we have $29.82 as the actual amount per thousand realized for 
sturnpage and profit on rock elm sold for hewn export timbers. That is, the net amount 
realized per thousand oia the elm used for hewn timber is more than $20 per thousand 
higher than the amount which can be realized through the manufacture of the same 
timber into lumber. 

Very respectfully, 

J. P. Kii<iNEY. Supervisor of Forests. 

Hon. E. E. Ayer, 

Railway Exchange Building, Chicago, III. 



11-A. Kinney's Summary. 

[Supplementary report of Mr, J. P. Kinney, supervisor of forasts, in the emplov of T'nited States (Jovern- 
ment, dated Dec. 16, 1913.] 

Answering Mr. Edward E. Ayer's question in letter of December 8, 1913, "What 
percentage of the merchantable timber left in the woods in the last three years will 
still be able to be taken to the mill?" 

December 16, 1913. 

My Dear Mr. Ayer: Your letter of December 8 was forwarded to me from Wash- 
ington and received yesterday. 

The total amount of logs left in the woods at Neopit during the past three veais. 
which came to my attention, would not exceed 100,000 feet." I should say that at 
least two-thirds of this timber can be brought to the mill so as to realize a profit upon it. 
Thus, the actual amount of those logs that can not profitably be saved will be 25,000 to 
30,000 feet board measure. 

There were doubtless some logs left which I did not see, but as we covered a large 
part of the operations of the last three years, and traveled over large areas where all 
logs were picked up at the time of the" original logging, I feel that" we saw nearly all 
of the waste. 



856 MENOMINEE INDIAN EESERVATION. 

The amouiit oi iire-killed hemlock left standing which will not be logged this year 
and which could have been handled at an advantage from the camps previously estab- 
lished would not in my judgment exceed 250,000 feet. 
Respectfully, 

J. P. Kinney, Supervisor of Forests. 
Hon. E. E. Ayer, 

Chicago. III. 



11-B. Kinney's Report. 

[Copy of report of Mr. J. P. Kinuev, supervisor of forests, in the employ of the United States Government, 
dated Dec. 5, 1913.] 

December 5, 1913. 
Hon. Edward E. Ayer, 

Member of Board of Indian Commissioners, 

Raihvay Exchange, Chicago. 

My Dear Mr. Ayer: I submit a report upon my exarainatio]) of logging conditions 
on the Menominee Indian Reservation, in accordance with your request and the 
instructions of the Commissioner of Indian Affaii-s. 

I reached Neopit on the morning of Saturday, November 29, 1913, and after being 
introduced to you by Superintendent Nicholson, left immediately for the woods on 
a logging train. The party with which I spent the day consisted of the following 
persons : 

Mr. Philip Smith. 

Mr. L. P. Holland. 

Mr. D. F. Tyrrell. 

Mr. A. S. Nicholson, superintendent of the reservation. 

Mr. Ernest J. Brigham. superintendent of logging on the reservation. 

Mr. Lincoln (Vowell, deputy supervisor of forests on the reservation. 

Mr. Louis La PVomboifi, an enrolled Menominee Indian. 

Mr. Reginald Oshkosh, an enrolled Menominee Indian. 

Mr. Simon Beaupre, an enrolled Menominee Indian. 

Mr. Adolpli Amour, an enrolled Alenominee Indian. 

Mr. Paul Tebeau, an enrolled Menominee Indian. 

Mr. Thomas Prickett. an enrolled Menominee Indian. 

Mr. Robert Sanapaw, an enrolled Menominee Indian. 

Mr. Mitchell Waukaw, an enrolled Menominee Indian. 

Mr. Joseph Longley, an enrolled Menominee Indian. 

Mr. Mitchell Komanekin, an enrolled Menominee Indian. 

Mr. J. P. Kinney. 

The logging train was placed at the disposal of the Indians in order that they might 
have the fullest freedom to show us the things of which they had complained. Mr. 
D. F. TjTi-ell, who told me his home was in Gillette, Wis., and that he practiced law 
there, appeared deeply interested in the examination of the works, and apparently 
had held previous conferences with the Indians as to matters complained of. He 
said he had been upon the reservation before and had been over a large part of the 
past operations. So far as I know, Mr. Tyrrell was in no way the accredited repre- 
sentative to the Indians, and was upon the reservation by the courtesy of the super- 
intendent; but as he manifested such interest in the matters which the Indians 
desired to bring to oin- attention, the greatest deference was shown to him in the way 
of an investigation of every instance of mismanagement or waste which he hLnself 
offered to show. 

The logging Train first ran into a spur on section 17, T. 29 N., R. 14 E., halfway 
to camp 12 fr 'la Neopit. Here Louis La Frombois and Mr. Tyrrell took the lead in 
criticism of rhe manner in A\'hich logging was being conducted and as to the deterio- 
ration which had occurred in three white-pine logs that had been cut last spring or 
summer and liad imt been skidded until recently. These logs had not been peeled 
and the w>rms had worked in them. There was a difference of opinion as to the 
amount of damage that had been done. I asked that one log be scaled full and then 
scaled inside ci the sap. Its full scale was 370 feet; the scale inside of sap, 280 feet, 
a difference (f 90 feet. Some of the Indians and Mr. Tyrrell insisted all of the sap 
was practically worthless as compared with the value it would have had if it had 
not summered ^'U the ground. There can be no doubt that the logs had deteriorated 
to some extent. They should have been peeled. The explanation by Mr. Nich- 
olson that they knew they would get the logs this winter was not satisfactory. These 
logs were within 2 miles of Neopit; either the.trees should not have been cut or else 



MENOMINEE INDIAN RESERVATION. 857 

such supervision should liave been exercised that lliey would not have been over- 
looked and all nved to lie Ihrougli the sununer, especially with the bark on. 

The objection to tlie niauTu>r of loRi^'inK was that logs which had been decked this 
autumn a short distance from the railroad spur should have been left on the ground 
and skidded directlv to the track when hauling began or skidded to the track and 
decked there at lirst. Mr. La Froniljns and Mr. Tyrrell declared that there would 
now be a double decking expense, because the logs would be sleigh-hauled to the 
track and decked again. The distance U) the nearest deck of logs was found by Mr. 
Crowell to be 75 paces, or 150 steps, about 400 feet. Obviously this was a very short 
sleigh haul if the logs were to be again decked. 

To a query whether he intended to deck these logs again Mr. Brigliam rei)lied: 
"Certainlv not; we shall load directly to the cars from the sleighs." Wlu-n prcissed 
as to what objection they had in \dew of this, Mr. Tyrrell and the Indians refused 
to accept Brigham's statement and said it had been customary on the Nc>)i)it opera- 
tion to do the duplicate decking of which they complained. Although Mr. Nich' 
olson said it had not been the custom, the Indians insisted it had, and I asked them 
to take us to some place Avhere this had been done. They eagerly agreed to do this, 
dependence being placed upon Samuel La Frombois to take us to one of the flagrant 
errors in this line. When we boarded the train, Samuel took us to the site of a largo 
landing used at camp 15 in the season of 1912-13 and declared this to be a place 
which showed the condemned practice. This was in the NW. SW. of section 10, 
29, 14. Careful questioning developed the fact that Samuel had himself skidded at 
this old landing and that what he objected to was the unnecessary expense which 
had been incurred through skidding the logs for a long distance directly to the 
track instead of decking them where found and later sleigh-hauling to the track. 
That is, this landing showed exactly the opposite of what Was required as e\ddence 
of the statements made by the Indians at the landing first visited. 

I am sure every man present realized fully when we left this place that the e^d- 
dence which had" been offered disproved the previous allegations. I wish to make 
it clear that I do not believe Samuel La Frombois had any pin-pose to deceive. He 
had simply misunderstood the situation, and in their eagerness to find proof of their 
statements the others had not sufficiently inquired into that which he expected to 
show. Nothing further was offered through that day or on the two following days 
to show that the Indians had suffered any loss through mistaken judgment on the 
part of the present or the former superintendent of logging or any camp foreman in 
the decking of logs. 

The Indians took lis to a stick of hewn white pine timber which had hot been taken 
from the woods. This timber had been hewn under the Louis W. Kemnitz contract 
for ship timber. The stump measured 31 inches in diameter. The stick was not 
fully squared but had many waney corners. The butt end measured 25 inches from 
face to face each way and 31 inches across from each waney corner to the diagonally 
opposite one. The stick was 38 feet long and the top measured 2^ inches from face 
to face one way, 24 inches the other way, and 2G inches from one wane corner to another. 
It was submitted as an exhibit of the great loss which the Indians were suffering 
through the wasteful hewing and the leaving of timber by Kemnitz. The stick bore 
the number 187 and other score marks which ]\Ir. Crowell said were the private marks 
of Kemnitz. Mr. Crowell said the stick had been scaled, and Mr. Nicholson told me 
it had been paid for. Since you left Neopit I have taken great pains to ascertain 
whether this stick was actually scaled and paid for. I am forced to the conclusion 
that Mr. Nicholson was mistaken. I find that Charles Duquaine, a Menominee In- 
dian, who was scaler at Camp 15 last year, declined to scale waney boards pine timber 
on the excuse that he did not understand how, and that Thomas Smith, a white man, 
who was scaler at Camp 14, came down to Camp 15 to scale the pine timbers as they 
were loaded out by Kemnitz. Under this system the stick would not be scaled unless 
Smith went to the woods and found it, and as this was not his duty there is little reason - 
to believe that it was scaled. I had Mr. Smith interviewed, and he said he did not 
remember getting the scale of any stick at Camp 15 that was not loaded out. 

We found another white pine tree which had evidently been cut by Kemnitz and 
had been left because it was not suitable for hewn timber. It had been peeled, was 
a large tree and Mr. Prickett said he had previously scaled it and found it to be 38 
feet long and to contain 1,430 board feet. I should judge these figures about right. 

At Camp 15 on the northwest quarter of 16-29-14 we found several dry pine logs 
rolled up for cutting into firewood, which contained some merchantable timber. This 
was bitterly denounced. We were all agreed that some fairly good lumber could be 
made from two or three of the logs. They had all come from one tree. Dan Hurley, 

35601— PT 8—14 10 



858 MENOMINEE INDIAN RESERVATION. 

the foreman of this camp, said he had gone some distance to get this, dry wood bein^ 
•Uncommon in that locality. There certainly were extemiatiug circumstances. Mr° 
Reginald Oshkosh said it had always been customary to use pine of this quality or 
better at Indian logging camps. A certain amoimt of dry pine is necessary for build- 
ing fires and cooking. I believe a mistake had been made, but it was clearly not a 
matter which merited the prominence given it. Mr. Tyrrell made particular objec- 
tion to the quality of hardwood which had been hauled in for wood. His remarks 
were, in my opinion, unwarranted. A cook can not be expected to use wet or rotten 
wood when preparing meals for 60 or 75 men three times a day. 

On the N\V. I SE. J of section 10-29-14, we found quite a number of pine logs left 
and one whole pine tree which had not been cut into logs. These had been peeled. 
On the S\V. J S\V. | of the same section GO feet had been taken from a pine tree for 
square timber. Mr. Tyrrell objected to the great waste in slabs. As these pine tim- 
bers were all scaled from one waney corner to another and in 16- foot lengths, 
through allowance for rise, and payment was received for the full log scale contents 
of every stick taken, including the material removed in the form of slab, the objec- 
tion was entirely without force. 

On the southeast-isouthwest of section 10 hemlock, hardwood, and fine logs had been 
left. The ground was low. Dan Hurley said that the logs were cut late last spring, 
and that an unexpected loss of snow and breaking up of frost prevented the skidding 
of these logs in the spring. Mr. Orowell said he personally thought tliis to be the case. 
One pine tree over 3 feet at the butt and measuring 83 feet from the butt to the broken 
top had been felled by Kemnitz and left unsawn. No waste had yet resulted, and it 
can be gotten this winter. It was in connection with the discussion of the advisability 
of cutting such pine as tliis that Mr. Tyrrell declared most positively that such trees 
were growing at a high rate and that they were increasing rapidly in value each year 
through growth alone. 

He expressed the opinion that such a tree had averaged a ring of growth one-eighth 
inch wide each year tliroughout its life. As an inspection showed 35 annual rings in 
the last inch of growth, and as the tree was undoubtedly more than 225 years old, and 
probably 300, the misunderstanding of Mr. Tyrrell and the Indians as to the loss which 
was being occasioned through the cutting of such pine was fully apparent. On the 
northeast-southeast of 10 and the northwest-southwest of 11 were unpealed pine logs. 
From one pine felled by Kemnitz only 24 feet had been taken. The 12-foot butt log 
left scaled 530 feet full, and 440 feet inside of sap. The merchantable top left 
measured 34 feet. These logs will be gotten this winter, but I entirely agree with 
the Indians that they should not have been left over summer in the woods. 

I have made diligent inquiry as to the reason why these logs were left. Mr. Kemnitz 
tells me that he was not advised as to the particular sections, quarter sections or forties, 
on which he was to cut pine timbers, but was told to get them in the locality of the 
general logging operations and to fell any pine from which he could probably obtain 
hewn timbers. It seems to me it was the clear duty of the management to designate 
the areas fromwlaich he was to cut, and that the superintendent of logging should have 
kept such check on the hewn timber operations as to have been able to pick up 
practically all of these pine logs last season. As the greater part of the logs and trees 
left by Kemnitz, because of unsuitabiUty for waney board timbers, have laeen peeled 
and practically all can be picked up tliis winter, the loss of thousands of dollars which 
the Indians allege is not apparent. 

However, there is abundant evidence of a lack of care. The fault is inexcusable. 
In my opinion the blame hes primarily upon Mr. Charles Woodcock, the former 
superintendent of logging, but I can not excuse Supt. Nicholson. Certainly the 
relationships of Indians and Indian Service employees on this reservation should have 
been such that conditions of this sort, known to many persons, should not have been 
permitted to continue unremedied. 

. We visited the area cut from camp 11, which was located in northeast-northwest of 
section 31, T. 30 N., R. 15 E. This camp was built in November, 1910, after the big 
evergreen firs, and was used two years. Here we observed a good white-pine log 18 
feet long right beside the track, and only a short haul away, two whole trees, each 
containmg more than 60 linear feet of merchantable length, 14 large white-pine logs 
and 1 squared timber 40 feet in length on the southwest-northeast of 36-30-14. These 
were said to have been cut the spring of 1913 and had that appearance. They were not 
peeled and it will now be necessary to haul them to camp 17, about 1 mile distant. 
The southwest quarter of section 31-30-15 was logged in 1911. Some logs were left 
here and merchantable dead pine left standing. Some of the dead pine which was 
here pointed out by Mr. Tyrrell as constitutmg great waste had evidently been burned 
after an eld logging operation and had been dead 10 or 15 years. In this connection 
it seems to me proper to observe that Mr. Tyrrell's position was quite inconsistent in 



MENOMINEE INDIAN RESERVATION. 859 

that he magnified g-reatly the less throuuh worm damage to green pine logs which 
had lain but a few months and yet mauilauied 1hat the language of a millman, who 
had told him that any pine board which would hold together was worth sawing, must 
be accepted literally. Here night came upon us and we took the train to Ncopit. 

On Sunday morning we again took the logging train to the woods. One or two 
Indians remained at Neopit and two or three others joined us, including Thomas 
La Bell and Mose Kitson. We first inspected a railroad fill on the southwest-northeast 
of section 10-29-14. The fill was 13 feet or over, and the cut at each side of the fill 
about 6 feet. Merchantable hemlock and hardwood logs had been used in the fill. 
Mr. Tyrrell argued that mimerchantable and decayed logs which could be ol)tained 
in that locality should liavc liccu used for tlio (ill. Mr. I'ridett said more dirt should 
have been used, and dccinivd ihc urciUcr |i;irl of the dirt from the cut had been hiiuied 
away. Yet he admitled lie iiad no jicrsonal knowledge of where it had been taken 
or whether any actually had been hauled away. His stalenicnis iii this mailer were 
absolutely worthless as evidence. Anyone at all familiar with loguing-road construc- 
tion would appreciate the utter folly of Mr. Tyrrell's proposition that u heavy fill of 
this character on a main-line logging road where a 50-ton locomotive was used should 
be built largely of unsound logs and wood trash. 

On section 31-30-15 near quarter corner of section 30 and 31 vfe found a dozen 
good pine logs, and on the nor Jieast-northwest of 31 a culvert timber. In section 30, 
near the line of section 31, were a dozen white-pine logs lying in a swamp for a rail- 
road grade. In the northeast-northwest of section 1, southwest of camp 11 (Walter 
Quick, foreman) were 21 hemlock logs and 8 pine logs cut in 1910-11. Between 
camp 11 and the railroad track, 300 feet apart, we found 10 good-quality white-pine 
logs. 

I have no doubt there were pine logs left which I did not see and many hemlock 
trees were left standing besides the logs left. Mose Kitson took us to a log-and-dirt 
railroad bridge and fill on the northwest quarter of section 31-30-15. Kitson said 
four men (including himselfj and one team worked two days cutting and skidding 
logs for this fill. Mr. Peterson, who had charge of this work, said about 12,000 feet 
were put in there; onlv one pine log. I am inclined to believe the fill could not have 
been more cheaply made. Mr. Tyrrell declared that this was a locality which he 
had particularly in mind in his statement, that thousands of dollars worth of timber 
had been wasted. 

The logging railroad grade beyond camp 11 as constructed in 1910 followed a small 
creek for about one-half mile throiigh low ground. It appears that after the first 
year's logging was completed a cut-off was made skirting the slope cf a hill. The 
length of" the cut-off was not over one-half of a mile. On the cut-off it was necessary to 
remove loose dirt and stones a depth of 3 feit to 8 feet for a distance of 550 or 600 feat. 
The average depth of the cut was placed at 4 feet. John Peters')n, assistant super- 
intendent of logging, said the cut-off was built in June, 1912, to bring out the logs 
from camp 12B, located in the northeast-southwest of section 20-30-15. This cut 
was shown as an exhibit of a useless expenditure of Indian funds in the relocation of 
a railroad grade. 

Mr. Peterson told me that the expense of upkeep on the old roadbed was very 
heavy because of its location in low ground and its many curves; that the cut-off was 
built so as to get a good roadbed for the hauling of heavy trains of logs. He thought 
the expense justified. To quite an extent his explanation was plausible m view ot 
the condition there. The cost of the cut probably was not very heavy, bupt. 
Nicholson remained at Neopit Sundav. He later explained that this cut-off was 
built as a passing track for trains. This explanation also seemed plausible. 

I regret to say that the conflicting explanations of Mr. Nicholson and Mr Peterson 
left me in some'doubt as to just whv the cut-off was made. As a test to Mr. Peterson s 
memory and as a check against his"having failed to remember all circumstances wlule 
talkino' with me, I called him on the phone later and requested a restatement from 
him as"' to why this cut-off was made. He gave the sole reason as the need of a better 
track, saying that only five or six cars could be brought over the swamp location and 
that they wished to bring 12 cars direct in, past this point, from camp 12B H-? said 
positively and repeatedlv that the rails from the old grade were placed on the cut-off 
I am convinced Mr. Nicholson is mistaken as to the "passing-track proposition, i 
am not prepared to say that the making of the new grade was an unnecessary expense 

The logs wliich Tom LaBell cut on the east side of railroad m northwest-soutiieast 
of section 32-30-15 in 1912 were hauled to a landing alongside this cut-ott i.a£.eii 
used camp 11. He said the rails beyond the cut-off and on the old circuitous grade 
had been taken up before that time. Mr. Tyrrell had pointed out hemlock ties 
which had been laid as a travel bed for horses used on a Jammer m leading LaBell s 
logs as an exhibition of waste. Mr. Tyrrell's statement that 110 of these ties w^re 
alt salable was absurd. There was hardly a tie among them that would have met 



860 MENOMINEE INDIAN RESERVATION. 

standard speciHcatious -where new and practically all, and I believe all, had been 
used once, as shown by the spike holes. LaBell paid $36 for use of camp 11 and $30 
for use of sleighs for the season of 1912-13, cut 500,000 feet, hauled about 2 miles, 
received $6 per thousand and cleared $1 per thousand. These were his owr state- 
ments to me. 

In the southwest quarter of section 32-30-15 attention was directed to cedar cut 
out of the logging road in 1910 and left. Ih. Tyrrell said 'this was that which he had 
referred to in a statement he had filed. Northwest of camp 11 we found a second cut 
in a pine left; it scaled full 550 feet and 380 feet inside of sap; at lower end was a 
10-inch defect in heart and at top 6 inches. We placed it at average of 8 inches. 
The tree was a -windfall and the secord cut very knotty. The third log was crotched, 
but contained ISO f.-et. Another 6-foot cut whicli might have been taken scaled 
220 feet full, but had 8 inches center rot. There werj also two small logs in the top, 
but the tree had been dead years and worms were in it long ago. It was only 20 rods 
from railroad. Farther along the track was a small pile of cedar, a pine log, and a 
cedar pole 30 or 40 feet long, close to track. Away a few rods Mr. Tyrrell reported 
he found 30 feet left in a pine from which the butt cut was taken and hemlock logs 
I^ft. This was about 40 rods from railroad. I was talking with Mr. Prickett whec 
he made this examination. His statement that he would make a record of any refusal 
on my part to go in and see timber prompted me to record that which he reported. I 
accept his report without reservation. 

On the northeast quarter of 36-30-14 was a white pine cut and left. Hollow butt 
log 12 feet long. Had it been rolled out one could crawl through it, but rim was sound 
and I allowed 200 feet scale; second log, 480 feet; third log, 480; top piece about 5 feet 
long, allowed 140 feet. Near by was a 26 inch Norway stump, only a 12 or 14 foot log 
taken; rest good. On northwest quarter of 31 a horse jammer left. I noted boom 
stick broken in half, brace to this broken and one runner split; not of much value. 
A 16-foot hemlock near sleigh road, cited as waste, I found cut from a dead tree; full 
scale 270 feet, actual sound material not over 50; haul to raihoad nearly one-half mile. 
Noted several hemlock skids left; one hemlock log scaled 180 feet. 

On Monday the engine and caboose were again placed at our disposal. j\Ir. Hol- 
land, Mr. Smith, and Mr. Nicholson did not go with us; practically all of the Indians 
who went Saturday went with us, and also John Warrenton, Alexander Warrenton, 
Ja,mes Boyd, and others. Mitchell Waukaw was not with us, but his son was. This 
trip was made for the sjiecial purpose of showing me waste observed late Sunday 
afternoon, during the hour when I was not with the main party. Much was made of 
the loss in a heavy fill on a sleigh road in the northwest-northeast of section 6-29-15. 
This area was logged from Camp 12A in 1910-11 under John Peterson, then camp 
foreman. 

The greater portion of logs in this fill were said to be large white pine of good quality. 
When brought there I at once recognized that nearly all of the logs were extremely 
punky, and insisted upon a critical inspection of everyone of them. We went over 
them one by one and agreed whether they were worth taking to the mill or not. 
Objection was made by Mr. Tyrrell as to the losing of time. However, he remained 
and examined the logs with me and the Indians, particularly with James Boyd, whom 
the Indians had evidently taken because he had scaled logs on the mill deck at Neopit. 
Boyd used the scale rule. When we were through, of the "dozens" of "excellent" 
logs used for the fill, only tlu-ee 16-foot logs had been agreed to be worth taking to the 
mill. In the second fill, a few rods beyond, we found only one pine log that we agreed 
should have been milled, and this scaled only 80 feet sound material. A white pine 
beside this fill and in a bad place to get, scaled 440 feet full and Boyd allowed 280 feet. 
Just beyond, a Norway beside the road scaled 100 feet, sound material. A wliite pine 
50 feet from road scaled 210 feet. A broken pine on sideliill on left scaled 140 feet and 
100 feet. Another top scaled 40 feet. An old fallen tree near road would certainly 
scale out more than 500 feet of sound material. 

Just beyond, two Norway skids which had been sawn into logs had been left. They 
scaled 60 feet-f60 feet -f 70 feet -1-80 feet=260 feet, and 110 feet -f 100 feet+80 feet 4-60 
feet=350 feet, respectively. We found another skid of 4 logs, 12 inches at top, 16 
inches at butt, and then 4 more Norway skids of 5 logs each. We then came to a 
bridge over a ra-vine. On top of the high cribs of hemlock logs had been used two Nor- 
way stringers; one of these was 57 feet long, the other 84 feet. I believe stiff, sound 
stringers were necessary on tliis bridge. 

Just beyond this and in an area almost directly west of Camp 12A and about one-half 
mile from it we found pine logs left in the elevated driveways which had been built 
for the getting of logs onto the skids. We'scaled pine logs in the first drive as follows: 
240, 300, SO, 330, 160, 100, 100, 240, and 60— that is, 9 logs with total scale of 1,530 feet— 
and 3 Norway, scaling 60, 40, and 20, or a total of 130 feet. In another skid driveway 
we scaled as follows: White pine 210, 40=250, and Norway 60, 100, 70, 120, 180, 210, 



MENOMINEE INDIAN EESEKVATION. 861 

180, 140=1,060 feet. Beyond tliis point there wen; left in a ravine wliite ])in(' 100, 
70, 40, 70, 60=340 feet, and Norway 180, 40, 180=400 feet. We noted one other i)ine 
containing 210 feet. These logs were in a very rough rocky glacier morain, but I 
believe the leaving of them absolutely inexcusable. On our way into this cutting 
from Camp 18 I noted 12 hemlock and 2 pine skids left; the latter were not put in by 
Peterson, but were the remains of old tndian logging and wore 70 feet long. 

Both in going to this pine and returning we passed through Paul Tebeau's celebrated 
cedar cutting. Hundreds of cedar logs were left there. 1 understand that Tebeau 
was given acontract to cut out the cedar; that he cut these logs in 19n-]2 and got 
none of them out; that he then asked for another contract in 1912-13 and that tlie 
management would not permit him to go in again. 1 understand that tlie operation 
had furnished his camp witli all tools and supplies in order to give him an opportunity. 
lie failed to get the cedar which he cut that winter out to the railroad grade. The next 
year the best interests of the operation were thought to demand the jiulling up of the 
steel on the nearest track, the cedar was left, and the manag(>m(!nt would l)ack Tebeau 
no longer. If these be the facts, and I have heard no one dis])ute them, whatever loss 
the Menominee Indians have suffered has been cliiefly due to the default of one of the 
tribe, Paul Tebeau. 

I believe no serious loss was suffered as to stumpage. The cedar was of only fair 
quality. A comparatively small proportion of it would have gone as poles if it would 
have been cut green. It was in the burned district of 1910. The Northwestern 
Cedarmen's Association rules will not admit burned timber for cedar poles and ties. 
All of Tebeau's cuttings were into logs which would be used for slungles. I find from 
the annual report of Neopit operation for the year ending September 30, 1912, that 
every thousand feet of shingles manufactured cost, including stumpage, ?2.45 per 
thousand; that the shingles sold during the same period averaged only |1._71 per 
thousand. This shows a loss of substantially 75 cents per thousand. Thus it is clear 
that whatever criticism is given the management on this Tebeau cedar proposition 
should be for letting Mr. Tebeau undertake" to cut any cedar rather than for failing to 
permit him to cut more. Until shingles manufactured from this material can be sold 
at a profit, the best interests of the Menominee Indians demand that the dead cedar in 
the southeast-southeast of section 31 and southwest-southwest of section 32, 30-15, 
and the northeast-northeast of section 6 and northwest-northwest of section 5-29-15 
be left standing. 

I have recited at great length the details of this three-day examination. I fully 
realize that the reading of so long a report is even more exhausting than its preparation, 
but the allegations of mismanagement at Neopit have been so persistently and vigor- 
ously urged that I have felt that it was best, while my original field notes were available 
and "my memory of details clear, to set down in very complete form the facts as they 
were represented and as they were actually found. I have made frequent reference 
to Mr. D. F. Tyrrell. 

As I understand it, Mr. Tyrrell was in no sense authorized to act for the Menominee 
Indians either as a tribe or as individuals. Heraanifested deep interest in their affairs, 
and told me the services which he had tried to tender had all been gratuitous. He is an 
earnest, energetic man. In the three days that I v/as with Mm in the woods I became 
convinced that his theoretical and practical kno^ ledge of lumbering was quite limited, 
and the standard which he had applied for arriving at a determination of gains and 
losses in the lumbering business were not sound. 

For instance, he felt a great loss had been suffered when he found burned cedar and 
hemlock left standing or\ised for railroad fills. I have shown above that there was a 
loss suffered on every thousand feet of cedar brought to the mill. Let us discuss 
hemlock. I find from the Neopit records that the average cost of manufacturing all 
kinds of lumber at Neopit from July 1, 1910, to September 30, 1911, was $10.53 without 
stumpage charge. The average price received for hemlock during the period July 1 
to December 31 , 1910, was only 111.19. Thus in tlie fall of 1910, when the Evergreen 
fire burned millions of feet of hemlock, there was no expectancy of receiving for stump- 
age and profit more than 66 cents per thousand even on green hemlock. 

However, during that period 8,000,000 feet of hemlock were cut in the face of these 
conditions. During the year October 1, 1911, to September 30, 1912, the Menominee 
mills cut 22,000,000 feet of hemlock. The average price received for hemlock during 
this period was only $11 .28 per thousand . If we subtract from this §9.72, the average 
cost of manufacturing all species during that peiiod, we have left only ^ .56 for stump- 
age and profit. Clearly no great loss was suffered through the leaving of burned 
hemlock in the woods. I know that other manufacturers of hemlock m Wisconsin 
claimed during that period that they could not afford to pay more than §1 per thousand 
for hemlock stumpage. 

I should speak of two more matters brought to my attention on these three days: 
We found a second squared pine timber left in the woods. This was south of camp 



862 MENOMINEE INDIAN EESERVATION. 

14. It had been sawn into logs and skidded. Mr. Crowell told me that he examined 
it before skidding and found one end marked "U. S." with a hammer. This indi- 
cated that it had been scaled and paid for by Mr. Kemnitz. "We found a watering 
trough at camp 17 dug out from a pine log. Mr. Peterson told me it was made at 
camp 12 and had now been in use three years. A trough could have been made 
more cheaply from plank, but the loss has been greatly exaggerated. 

On Monday evening I was asked if I would go up near Askenet the next day to 
examine the_ Kemnitz cuttings in rock elm. I had reports which must be done "and 
told the Indians to send two or three of their number up there to measure some logs 
and waste, to measure the area covered, and to report to me what they found. 

Simon Beaupre and Joseph Longley went. They reported in the late afternoon 
that they visited sec. 5, T. 29 N., R. 14 E.; that they scaled a waste of 6,270 feet of 
timber fit for saw timber on an area which they estimated to be 10 acres. They had 
not paced or measured the area. This waste was found in 19 elm tops, 2 whole elms 
fallen and left, and 1 elm which had been notched and left and later felled by the 
wind. They also found 2 maples, 1 birch, and 1 basswood fallen and left. This 
cutting was done in the spring of 1913, when Simon Beaupre was the forest guard in 
charge of the scaling of rock elm. 

Mr. Nicholson, Mr. Crowell, and Mr. Kemnitz tell me that every elm tree which 
Kemnitzfalls he is expected to pay for. If he hews an elm and does not take it, he 
pays for it at the rate which he pays for square timber which he actually ships, and 
if by mistake he fells an elm which proves to be so defective that he does not hew 
he pays the regular stumpage rate of |5, at which the Neopit operation charges itself. 
He also pays the regular stumpage rates on every tree of any other species that he 
fells or breaks down. 

If aiiything has been lost to the Indians through lack of proper scaling, the fault 
lies primarily with Simon Beaupre, a Menominee Indian, whom the management 
intrusted with the duty of scaling all of this timber. 

I haveconfined my remarks to the woods end of this proposition as much as possible. 
I am entirely satisfied that the Menominee Indians have received far higher stumpage 
rates through the sale of their rock elm and white pine for hewn timbers than they 
possibly could have received if the trees had been cut into logs and brought to the 
mill or had been cut into logs and sold for sawmill purposes at'private sale, auction, 
or sealed bids to mills outside the reservation. I have gone into this matter very 
thoroughly with the employees here and especially with Mr. Crowell. I have checked 
over carefully with him the comparative figures which he has prepared. There is 
now on file at the Neopit office sufficient data and comparisons to explode completely 
every allegation that has been made to the effect that the white pine and rock elm 
which has been sold as squared timbers at Neopit could have been more profitable 
utilized in another form. 

I have already expressed in plain terms my opinion of the amount of pine timber 
which has been left in the woods at Neopit in the last three years, especially in 1910-11 
and in the loose and unbusinesslike manner in which pine timbers have been cut in 
the past year, with the result that many logs of the highest value have been exposed 
to worms during the summer. 
Respectfully, 

J. P. Kinney, 
Supervisor of Forests. 



MR. J. p. KINNEY S AFFIDAVIT. 

J. P. Kinney, supervisor of forests in the United States Indian Service, being duly 
sworn, deposes and says that under dates of December 5, 1913, December 10, 1913, 
and December 16, 1913, he addressed letters to Mr. E. E. Ayer, of Chicago, 111., a mem- 
ber of the Board of Indian Commissioners, regarding conditions at the Neopit lumber- 
ing operation on the Menominee Indian Reservation, Wis., and he further says 
that each and every statement of fact in the said letters was the truth to the best of 
his knowledge and belief, and that each of the expressions of opinion therein stated 
represented his honest and true conviction. 

J. P. Kinney. 
District of Columbia, City of Washington, ss: 

Subscribed and sworn to before me at Washington, D. C, this 13th day of January 
1914. ^ ^ 

[seal.] Helen V. Bridge, 

Notary Public. 
My commission expires August 9, 1915. 



MENOMINEE INDIAN RESERVATION. 



863 



12. Brigiiam and Cuowell. 

rstatement of Earnest J. Brighuin, superintendent of logging, Mcnoiuiuec Indian Reservation, Ncopit, Wis. 
dated Dec. JG, 1913.] 

From the foregoing statement of pick-up scale the following statement shows this 
year's intended disposition : 



Section and liind. 



Not acces- 
sible. 



SE. SE. sec. 8, T. 29 N., R. 14 E.: White pine left from Waney board cuttings now 
deciced in rollways ready for hauling from Camp 15, present operation 

SE. NE. sec. 17, T. 29 N., R. 14 E.: White pine to which roads are now cut and 
skidways built ready for skidding during present year's operation as soon as 
the soft groimd on which they lie is sufficiently frozen to allow team work 

NE. NE. sec. 17, T. 29 N., R. 14 E.: White pine ready for skidding as above 

NW. NW. sec. K), T. 29 N., R. 14 E: White pine on so-called State school land 
at present in litigation, which we are forbidden to move 

NE. SW. sec. 10, T. 29 N., R. 14 E.: 

White pine in present year's Camp 15 operation to which roads are built, 

skidways and landing left from last year's operation for that purpose 

Hemlock ".scaled and planned to take out as above, Camp 15 operations 

SE. SW. sec. 10, T. 29 N., R. 14 E.: White pine adjoining above description and 
to be logged with it ■ • 

SW. SE. sec. 10, T. 29 N., R. 14 E.: White pine adjoining above description and 
to be lo'=;ged with it 

NE. NE. sec. 6, T. 29 N., R. 15 E.: White pine and Norway left in 1911 and 1912 



operation, not accessible to this year's work 
NW. NE. sec. 6, T. "" ^ 

logs, bridging, etc., -- . , , 

NW. NE. sec. 31, T. 30 N., R. 16 E.: Fire-killed white pine and Norway skids, 



NE. sec. 6, T. 29 N., R. 15 E.: Fire-killed white pine and Norway skids, 
left 1911-12, not accessible this year's work. 



bridging, and logs left season 1911-12, not accessible in this year's operation 
NW. NE. sec. 31, T. 30 N., R. 15 E.: Pine log.i left in swamp near Camp 11, sea- 
son 1911-12. May possibly be skidded out this winter, but there is no frost in 
the swamp sufficient to hold team this date, Dec. 16, 1913, making it proble- 



matical. 



SW. SE. sec. 30, T. 30 N., R. 15 E.: Pine and tamarack, same condition as above 
NE. NW. sec. 31, T. 30 N., R. 15 E.: 

Pine, same condition as above 

Hemlock, same condition as above 

NE. i sec. 36, T. 30 N., R. 14 E.: 

White pine docked in Camp 17 rollways ready for present season's hauling. 

Pine to be drayed into above job 

Pine not accessible to this season's logging 

Hemlock not accessible to present season's logging 



Not accessible or probability of logging at least doubtful. 
Accessible to present year's operation 



Feet. 
2,540 



9,420 
4,070 



23, 150 

4,880 



2,180 
7,590 
6,870 



770 
1,710 



3, 730 
3,220 



Very respectfully 



December 16, 1913. 



Earnest J. Brigham, 

Supcrintenden t of Log(jing. 



I hereby certify that the foregoing descriptions, log scale, memoranda, and data as 
shown hereon are true and correct to the best of my knowledge and belief. 

That I believe that I have covered all the ground, viewed and scaled all merchant- 
able logs under discussion, and to which attention was called November 29, 30, and 
December 1, 1913, during investigation upon complaint of Menominee Indian com- 
mittee, and all such other logs found by me, not seen or mentioned by that com- 
mittee in the several localities visited. 

That such scale was w-ell and truly made by means of a Scribner decimal C log 
rule and calipers used where rule could not be applied. 

That I did not include cedar logs and poles cut by Paul Teabeau at and about the 
corner of sections 31, 32, T. 30 N., R. 15 E.; 6, 5, t. 29 N., R. 15 E., lyingm swamp 
containing from 2,000 to 4,000 pieces. ^ 

That I did not include certain hemlock logs obviously left for present season s 
logging on the southwest quarter of section 10, T. 29 N., R. 14 E., which I estimate 
tobe in the neighborhood of 20,000 feet. 

That the total scale of logs herewith included as shown in the foregoing report 
equals 94,770 feet log scale. 

Earnest J. Brigham, 

Superintendent of Logging. 
Lincoln Crowell, 

Deputy Supervisor of Forests. 



864 MENOMINEE INDIAN EESERVATION. 

State of Wisconsin, 

County of Shawano: 
On tliis 16th day of December, A. D. 1913, personally appeared before me, a notary 
public, Ernest J. JBrigham and Lincoln Crowell, who, being duly sworn, acknowledged 
that they executed the foregoing instrument to be their free act and deed. 
[seal.] H. C. D. Ashford, 

Notary Public. 
My commission expires June 20, 1915. 



12-A. Brigham and Crowell. 

[Report of Mi-. Edward E. Ayer's interview with Mr. Earnest J. Brigham, superintendent of logging, and 
Mr. Lincohi Crowell, deputy supervisor of forests, at Menominee Indian Reservation, Neopit, Wis., 
Dec. 16, 1913.] 

Mr. Ayer. You were with Mr. Holland and Mr. Smith and Mr. Kinney two days 
that they were in the woods, and vvith Mr. Kinney the one following day when Mr. 
Tyrrell was pointing out the timber to substantiate his letter and his charges about 
logging in these woods? 

Mr. Brigham. I was. 

Mr. Ayer. Do you think Mr. Tyrrell had any practical knowledge of conditions 
in logging or any knowledge of the qualities of timbers during the days that you were 
with him? 

Mr. Brigham. I would say he had some knowledge, but the major part of his ques- 
tions and statements would indicate to me that he is not a practical logger, and that 
his estimates on the conditions of timber left on the ground and standing burned tim- 
ber were very erroneous. 

Mr. Ayer. Mr. Crowell, you were of the same party; is that your opinion also? 

Mr. Crowell. Yes, sir. 

Mr. Ayer. Did he strike you as being a man who wanted to be entirely fair and get 
at the true state of affairs, or not? 

Mr. Brigham. He did not. 

Mr. Ayer. The same with you, Mr. Crowell? 

Mr. Crowell. Yes, sir. 

Mr. Ayer. Did :t seem to you that he felt bound to make out a case, bound to sub- 
stantiate his charges, whether they would be right or wrong upon investigation? 

Mr. Brigham. It certainly did. 

Mr. Ayer. Mr. Crowell? 

Mr. Crowell. Yea, sir. It would seem he talked more for the effect that his speech 
would have on the Indians accompanying us than any effect on us. 

Mr. Ayer. Is that your opinion, too, Mr. Brigham? 

Mr. Brigham. Yesj sir. 

Mr. Ayer. The territory over which these logs were scaled covered all the terri- 
tory visited by you while accompanied by Mr. Tyrrell and the Indians? 

Mr. Brigham. It did. 

Mr. Ayer. How much more? 

Mr. Brigham. Twenty-five per cent more. At least 25 per cent more. 

Mr. Ayer. And that is your judgment, Mr. Crowell? 

Mr. Crowell. Yes, sir. 

Mr. Ayer. I see that in your summary you say that 61,000 feet out of the 94,000 
feet is accessible to present year's operation. About what percentage of the 33,000 
feet can there be got to the mill with a reasonable profit? 

Mr. Brigham. About 30 per cent. 

Mr. Ayer. That is your judgment, Mr. Crowell? 

Mr. Brigham. Yes, sir. 



13. Peter Look.\round. 

[Report of Mr. Edward E. Ayer's interview with Mr. Peter Lookaround, storekeeper at Menominee 
Indian Reservation, Neopit, Wis., Nov. 29, 1913.] 

(Mr. Lookaround is a graduate of Haskell University, and one of the two learling 
merchants of Neopit.) 
Mr. Ayer. Are you satisfied with the conditions around here? 
Mr. LooKAROUNn. Yes, sir. 



MENOMINEE INDIAN EESERVATION. 865 

Mr. Ayer. You tliiiik these are honest jjeople who have cliarge here and that they 
are making an honest effort to do the best they possibly can? 

Mr. LooKAROUND. Yes, under the conditions. I think Mr. Nicholson is about the 
best we ever had. 

Mr. Ayer. You think this man, Mr. Nicholson, does what he can to employ all the 
Indians he can? 

Mr. LooKAROUND. Yes, sir. 

Mr. Ayer. Have you had any experience in other lumber yards or lumber schemes 
besides this one here? 

Mr. LooKAROUND. Well, I used to work a little in the woods. 

Mr. Ayer. But not in the manufacturing of lumber? 

Mr. LoOKAROUND. No. 

Mr. Ayer. Do you think that they are succeeding in doing the logging in the woods 
properly? 

Mr. LooKAROUND. I think they are; of course it costs more money now. 

Mr. Ayer. Of course; but that will be best in the long run. And aren't you in 
harmony with this method of doing it? You know if it succeeds it will be a great 
benefit to the Indians in the long run? 

Mr. LooKAROuxD. In the long run; yes. 

Mr. Ayer. There seems to be a body of Indians in your reservation that are very 
much dissatisfied with the way things are being done. 

Mr. Lookaround. Well, these are always the same ones that are dissatisfied — no 
matter who we had for our agent; and there seems to be a half-breed at the head of this 
who is making complaints and he is telling them, you know, that they ought to have 
their money and that these people here of the Forest Department are squandering the 
money, and so the people are beginning to think the same way. 

Mr. Ayer. But you are satisfied that the department is doing the best it can? 

Mr. Lookaround. Yes. 

Mr. Ayer. You are satisfied that since Mr. Nicholson came here there has been a 
large improvement in the conditions of the mill and the prosperity of the tribe? 

Mr. Lookaround. Yes. A man here must have executive ability; he must settle 
family matters and deal with the liquor question, and I tliink Mr. Nicholson has done 
well. 

Mr. Ayer. And you, and the class of Indians that you represent, feel that the 
agency has been well managed, as well as the mill? 

Mr. Lookaround. Yes. 

Mr. Ayer. Now, then, what percentage of the 1,700 Indians on tliis reservation 
feel as you do? 

Mr. Lookaround. I could not say. 

Mr. Ayer. Well, is this feeling that has ]-)een worked up pretty widespread? 

Mr. Lookaround. Yes; of course, when they feel they can't get any money they are 
all against the agent; they feel that if they can't get any money it is being spent 
here. You can't'tell them that tliis mill is making money, because they won't believe 
it. They will say, "We don't get anything." 

Mr. Ayer. Is there a special committee organized here of five or six men who are 
trying to oppose the running of the mill? 

Mr. LooKARoyND. I tliink so. 

Mr. Ayer. Do you tliink this -'opposition" would be glad to have the mill closed 
up and the logs sold? ; 

Mr. Lookaround. Yes. 

Mr. Ayer. Aren't you perfectly satisfied that if these logs were put on the market 
as they used to be you would fall into the same difficulties in getting low prices that 
you did before? 

Mr. Lookaround. In the old way the Indians used to get work for only three or 
four months in the winter, but now if the Indian wants to work he can go to work any 
time the whole year round. You will find records in the oflftce that a few Indians 
have worked every month in the year. 

Mr. Ayer. What is it that the Indians are trying to do by employing attorneys? 
What is the necessity? 

Mr. Lookaround. Well, it's the same tiling— about getting their money. 

Mr. Ayer. Are they trying to force the Government to pay back some money or 
to get the money out of "the Government's hands? Does a large proportion of the 
Indians tliink the Government ought to pay back the money lost in the "down" 
lumber? 

Mr. Lookaround. No. 

IMr. Ayer. But the "opposition" does want the Government to surrender the mil- 
lion or two and diwle it up amongst the members of the tribe? 



866 MENOMINEE INDIAN RESERVATION. 

Mr. LooKAROUND. Yes; and these "blow downs" are telling the Indians the Gov- 
ernment held back some of the money, and they are going around and saying to these 
Indians, "We want to employ an att'^rney for the benefit of both of us," telling the 
Indians they should have the same attorney as the white man. 

Mr. Ayer. Do many white men come on the place and agitate them and find fault 
with the mill? Are the people ar.nmd the reservation and those people all the time 
trying to make trouble and do away with the mill? 

Mr. LooKAROUND. Yes. 

Mr. Ayer. What is your impression that the effect would be if they succeeded in 
stopping the mill and having a change in administration? Would it be injurious? 

Mr. LooKAROUND. I think it would; because we have so much money invested. 

Mr. Ayer. Do you think that you can preserve the timber for the next 50 years, 
that will come off this reservation, better by having a mill than without one? 

Mr. LooKAROUND. Yes, sir. 



13A. Peter Lookaround. 

[Questions answered by Mr. Peter Lookaround. Submitted and answered in writing and sent to Mr. 
Ayer at Chicago.] 

Q. What promises or what talk has been spread amongst the Indians by Mr. Tyrrell 
and those associated with him as to what they could do for the Indian? — A. There 
would be a change of superintendent in Neoj^it, Wis. 

Q. Do you understand that the contractors from whom the Government deducted 
certain moneys on "blown down" should have their claims paid? — A. Yes. 

Q. Do they say the Government is to pay these, or is it to be paid out of tribal 
funds? — A. Do not know. 

Q. Do you understand from talk generally circulated by them that a million dol- 
lars of Indian money has been wasted? — A. Over a million dollars. 

Q,. Do they claim to be able to secure payment to the tribe of certain claims known 
as the Stockbridge two-mile strip claim? — A. Do not know. 

Q. Do they claim to be able to secure to the tribe sections 16 and swamp lands now 
claimed by State and which question is now before Supreme Court? — A. No. 

Q. Do they claim to be able to secure annuity payments to the tribe? — A. Yes. 
Fifty dollars a head; if not, $30 a head. 

Q. What promises in general do you gather have been made by Mr. Tyrrell or any 
of his associates that tend to carry favor with the Indian, either for or against anyone, 
or on behalf of anyone? — A. Do not know. 

Q. What do you gather is meant by various statements or gossip circulated that 
money is being wasted on the Neopit operation? — A. W^aste of timber mostly. Too 
much cull lumber. Too many high-salaried employees. 

Peter Lookaround. 



14. C. A. Turtlehead. 

[Report of Mr. Edward E. Ayer's interview with Mr. C. A. Turtlehead, storekeeper at Menominee Indian 
Reservation, Neopit, Wis., Novemlier 29, 1913.] 

Mr. Ayer. Are you a full-blooded Indian? 

Mr. Turtlehead. No. 

Mr. Ayer. You have known this agent, Mr. Nicholson, since he has been here? 

Mr. Turtlehead. Yes, sir. 

Mr. Ayer. Do you think he has made an effort to be fair and square in his dealings 
with the Indians? 

Mr. Turtlehead. Yes; as far as I know, he has. 

Mr. Ayer. Now, there seems to be a feeling amongst some of the tribe that the mill 
ought to be abolished. They don't think it is making money, although the reports 
show it has been making money. Do you think it would be better to sell your logs 
than it would to saw them? 

Mr. Turtlehead. Well, of course we were laying up money right along then. 

Mr. Ayer. Do you think these people are using economy in sawing the timber and 
disposing of it? 

Mr. Turtlehead. Well, I think in disposing of it they are, but of course there is 
lots of timber that has been sawed here that doesn't amount to much. There have 
been miscuts and a lot of it spoiled by the saw. 



MENOMINEE INDIAN KESEEVATION. 867 

Mr. Ayer. Are you familiar with the ordinary percentage of niisculs in tlic mills 
in Wisconsin, or only this one? 

Mr. TuRTLEHEAD." Ycs; only this one. 

Mr. Ayer. Do you think that for the last three years the logs have been properly 
taken care of? 

Mr. TuRTLEHEAD. I haveu't been in the woods and don't know. 

Mr. Ayer. There seems to be some Indians here who are very much dissatisfied 
with the administration as carried on here; they are against the mill and against the 
agent and his work. WTiat percentage of this tribe feel that way, do you think, about 
him? 

Mr. Turtlehead. I don't think the percentage is very big. 

Mr. Ayer. About 5 per cent, say? 

Mr. Turtlehead. I don't think that much. 

Mr. Ayer. Is that percentage who are usually against the agent here the industrious, 
hard working Indians? 

Mr. Turtlehead. No; they are not. 

Mr. Ayer. Are they amongst the class who try to get an easy living and are not 
usually found on the pay roll of the mill? 

Mr. Turtlehead. Not very much [meaning they are not found very much on the 
pay roll of the mill]. 

Mr. Ayer. Do you think that these men who are finding fault and are not the work- 
ing men of the tribe could manage this affair better than the agency is managing it? 

Mr. Turtlehead. No; I don't think so. 

Mr. Ayer. And you would not be satisfied to have the management of the mill in 
the tribe? 

Mr. Turtlehead. This man who is here seems to be a pretty good, straight sort of a 
fellow, and I think he could do as well as anybody else would. 

Mr. Ayer. You think this man employs all the Indians that he has a place for? 

Mr. Turtlehead. Yes; I think any Indian that wants work he can find a place 
for. 



15. Joe Gristo. 

[Report of Mr. Edward E. Ayer's interview with Mr. Joe Gristo, policeman at Menominee Indian Feser- 
vation, Neopit, Wis., Nov. 29, 191-i.] 

Mr. Ayer. You are a policeman here, are you not? 

Mr. Gristo. Yes, sii-. 

Mr. Ayer. Are you a Menominee Indian? 

Mr. Gristo. Yes. 

Mr. Ayer. How long have you been here, M. Gristo? 

Mr. Gristo. I have been here — I think it is eight years. 

Mr. Ayer. Are you familiar with the lumber yards and the logging and everything 
pertaining to the carrying on of the Menominee Indian Resei-vation? 

Mr. Gristo. No. 

Mr. Ayer. Are you familiar with the lumber yards down in Oconto or anvwhere 
else? 

Mr. Gristo. "Well, I was raised in Marinette, but, of course, I never worked in the 
mills. 

Mr. Ayer. Then, you are not familiar with the way the lumber yards are kept at 
Marinette and Menominee? 

Mr. Gristo. Yes; I have been in there. 

Mr. Ayer. Well, how do you think this compares with them? 

Mr. Gristo. Well, I have never seen anything lying around in other yards. It is- 
generally picked up. Of course, here there is a good deal lying around, as anyone 
can see for himself. Of course, though, they clean up every once in a while. 

Mr. Ayer. Do they clean it up, say, once or twice a year? 

Mr. Gristo. Oh, yes; maybe once a month, for all I know. 

Mr. Ayer. Do you get your wood from the plant? 

Mr. Gristo. Yes. 

Mr. Ayer. Wliat condition is the wood in— slabs, sawed up 16 inches long and not. 
split? 

Mr. Gristo. Yes. 

Mr. Ayer. What do they charge you fo that, delivered at your house? 

Mr. Gristo. $2 a load, about two cords. 



868 MENOMINEE INDIAN EESEEVATION. 

Mr. Ayer. That makes about a dollar a cord. How much would it cost you to ^o 
around the yard and get the broken pieces and get them to your house and have it 
sawed up? 

Mr. Gristo. Well, I don't think I could get it cheaper. It would take a long time 
to pick it uj), and I would have to get a team. 

Mr. Ayer. Do you think any of the Indians who have families can always get it 
at $1 a cord delivered? 

Mr. Gristo. Yes. 

Mr. Ayer. I notice there are some Indians who are dissatisfied with the working of 
the plant and the whole conditions? 

Mr. Gristo. AVell, the way I understand it, they are. 

Mr. Ayer. Are these men working for the company? 

Mr. Gristo. They had been working right along, but I guess they lost their jobs. 

Mr. Ayer. Do you know for what reason? 

Mr. Gristo. Well, not exactly. Once in a while some of them come and tell me 
the trouble, but I never took any trouble to keep it in my head. 

Mr. Ayer. Do you know how many Menominees are working in the woods, etc.? 

Mr. Gristo. No, sir. 

Mr. Ayer. Isn't it the usual thing that the Indians are usually given a job if they 
are good workers? 

Mr. Gristo. Well, yes. 

Mr. Ayer. Wliat percentage of the tribe do you think is dissatisfied? 

Mr. Gristo. Well, as far as I know, most of them are not satisfied and only a few are. 

Mr. Ayer. Well, what do they want instead of what they have got? 

Mr. Gristo. Well, I don't know what they want. 

Mr. Ayer. Have they any better scheme? 

Mr. Gristo. They claim they have. 

Mr. Ayer. Are they the hard working men that devote their time to work who think 
they can do better, or are they the men outside, who don't work? Do they want to 
do away with the mill? 

Mr. Gristo. No; I think the idea is that the mill ought to be making money, instead 
of running behind every year. 

Mr. Ayer. But, is it a fact that they are running behind? AMiere do they get that 
idea? 

Mr. Gristo. Well, I don't know; these are the reports I hear. 

Mr. Ayer. Well, do you know whether these reports are true or not? 

Mr. Gristo. I couldn't say. 

Mr. Ayer. Who has been telling these men that the mill has been running behind? 

Mr. Gristo. I couldn't say. 

Mr. Ayer. Well, don't they know they can come to the agent and find out exactly 
how the mill is run? Has it not always been that any Indian can come in and ex- 
amine the books any time? 

]VIr. Gristo. Yes; although I don't know whether they ever did or not. 

Mr. Ayer. Well, then the only reason they are dissatisfied is that they think this 
mill is losing money every year? 

Mr. Gristo. Yes. 

Mr. Ayer. Well, do you think they would be satisfied if they could be informed 
that this mill is making money every year? 

Mr. Gristo. I don't know how they would feel about that. 

Mr. Ayer. Have any of their attorneys, or the outside people, told them that the 
mill is losing money? 

]VIr. Gristo. I couldn't say, only every once in awhile they get wind that the mill 
is losing money. 

Mr. Ayer. Don't you think it would be the proper thing to do to have your men go 
to the ofiice and examine the books? 

Mr. Gristo. Why, sure. 

Mr. Ayer. And don't you think that if the men knew that the last two years the 
mill had added to the funds at Washington $444,000 they would have been more 
satisfied with the management? 

Mr. Gristo. Why, sure — if they had known it. 

Mr. Ayer. You are con-vinced that if the Indians knew the mill was making money 
they would be satisfied? 

Mr. Gristo. Yes, sir. 



MENOMINEE INDIAN RESERVATION. 869 

16. Charles W. Chickeney. 

[Report of Mr. Edward E. Ayer's interview with Mr. Charles W. Chickenev, at Menominee Indian Reser- 
vation, Neopit, Wis., Nov. 29, 1913.] 

Mr. Ayer. You are a Menoiniiiee ludian, of course? 

Mr. Chickeney. Yes, sir. 

Mr. Ayer. Mi*. Chickeney, how long have you worked here for the plant? 

Mr. Chickeney. Two years in June. 

Mr. Ayer. What is yoiu position? 

Mr. Chickeney. I am what they call "retail salesman." 

Mr. Ayer. You are familiar mth the way the lumber is piled in the yard and kept? 

Mr. Chickeney. Yes, sir. 

Mr. Ayer. Are you familiar with the way it is piled in other lumber yards? 

;Mr. Chickeney. No; I am not. 

Mr. Ayer. There seems to be several men here who are much opposed to this whole 
scheme. Are those men usually the laboring, hard working men for the mill, or are 
they the people who do not work much? 

^li-. Chickeney. Well, I know of two who do not work at all, who have been kick- 
ing. 

ilr. Ayer. W ell, how do they get their living? 

Mr. Chickeney. I am soiTy to say you will have to tell me before I can tell you. 

^Ir. Ayer. Is it the general impression here that the mill is making money or losing 
money? 

Mr. Chickeney. That I could not tell you. 

Mr. Ayer. Well, have you heard that the plant is losing money? 

Mr. Chickeney. Yes. 

Mr. Ayer. Have they ever made any effort to come to the office to find out if they 
have been losing money? 

Mr. Chickeney. Not that I know of. 

Mr. Ayer. You are satisfied that they could if they wanted to? 

Mr. Chickeney. Well, whenever I have come to Nicholson -with reference to any- 
thing I have always got what I wanted . 

Mr. Ayer. How many men do you think are opi)osed to this sawmill, and the o'her 
things? 

Mr. Chickeney. That I could not tell. 

Mr. Ayer. Well, there are not a great many, are there? Would it be 5 per cent, or 
perhaps 10 per cent? 

Mr. Chickeney. Yes; I think probably 10 per cent. 

Mr. Ayer. Don't you think if these men would take the opportunity of coming 
and getting the information at this mill, and it was demonstrated that this mill was 
making money, that they would feel different about it? 

Mr. Chickeney'. I think they would; yes. 

Mr. Ayer. Is the yai-d in good condition, as far as cleanliness is concerned? 

Mr. Chickeney. Well, as far as I know, it is. Of com-se, business hasn't been very 
good and everything is piled up, there are not many of what they call "outs." 

Ml'. Ayer. You are not familiar with the logging in the woods, are you? 

Mr. Chickeney. No; I don't know what is going on there. 

Mr. Ayer. Don't you think it would be a good plan, in the interest of your tribe, 
for two or three of you, who are satisfied and connected with the plant, to get two 
or three of the leading men in what me may call the "opposition" to come with you, 
say the two merchants and you, and invite two or three men, to come up here and 
get an exact statement of how much money this mill has made or lost in the last 
three years? 

Mr. 'Chickeney. Why, yes; indeed I do. 

Mr. Ayer. Well, now, these books are kept, as I understand it, by Government 
men under Government emplov. Every dollar of money that comes in is credited 
to the Government and every dollar paid out is charged to the Government. Now, 
you can reachly find out in this office whether you take in more money during the 
year than you expend, and if you can find that in the thi-ee years they have taken 
in more monej^ than they have expended then you know exactly whether you are 
making money or not, and I would suggest that you do this. As a business man, 
I don't believe that any man would want to say that these books are fraudulently 
kept. So I think it would be a good scheme to get up a comrnittee of that kind and 
come and find out, so you can tell your tribe exactly how things are. And I shall 
suggest that at the end of each year there be a little slip printed and given to each 
member of this tiibe, telling them exactly what the outcome of this business has 
been, whether it is a loss or a gain. 



870 MENOMINEE INDIAN EESEEVATION. 

Mr. Chickeney. I think the reason the tribe are dissatisfied is that the annuity is 
decreasing every year. 

Mr. Ayer. That I don't know anything about. Only I do knew, frem the books 
of this office, that there have been several hundred thousard dollars added to your 
credit in Washington in the last three years; so that it isn't true that this mill has 
decreased your annuity. 

Mr. Chickeney. AVell, that is the impression of the tribe, that this mill is to blame 
for it. 

Mr. Ayer. Now, you know that if you sell your logs you hwe only three months' 
Avork a year, and you are up against the great lumber companies here. Some of them 
liave been robbing you from time immemorial. Now, do you want to go back to that? 

Mr. Chickeney. Why, no. 

Mr. Ayer. How many men of these agitators are there in the tribe who don't work, 
who still live and have money. You said you knew of two of this bunch here. 

Mr. Chickeney. They are the only two I know of. 

Mr. Ayer. Have they any income from property? 

Mr. Chickeney. Not to my knowledge. 

Mr. Ayer. They have their annuity, §60 a year, but they can't live on that, can 
they? Have they families? 

Mr. Chickeney. Why, one has. 

Mr. Ayer. And still he never works? 

Mr. Chickeney. I don't know how it is, but he never works any. 

Mr. Ayer. I am going to recommend that one or two young men be put through the 
College of Agriculture at Madison by the tribe, who will come back and be able to 
teach you how to raise the best cattle, pigs, horses — everything the best type instead 
of the poorest. 

Mr. Chickeney. Well, Mr. Ayer, I want to say this: No matter whxt they do at the 
mills here, or in the woods; no matter how the funds are, we must have something to 
eat, sometliing to put on our back, and it depends whether we go back to degradation 
or rise to the position of citizenship, on our knowledge and adaptability for agricul- 
ture; and I am thoroughly in accord with your recommendation in regird to starting 
us right. 



17. Mr. Frank S. Gauthier. 

IReport of Mr. Edward E. Ayer's interview with Mr. Frank S. Gauthier, at Menominee Indian Reservation, 
Neopit, Wis., Nov. 29, 1913. Mr. Gauthier was accompanied by a party of six Indians.] 

Mr. Gauthier presented, for Mr. Ayer's perusal, a copy of a report dated March 11, 
1913, that he had presented to the Secretary of the Interior at Washington, on March 
13, 19. Mr. Gauthier had gone to Washington at the request of his tribe, as their 
representative. 

Mr. Ayer. Do you still feel just the same as you did when this was written? 

Mr. Gauthier. Yes, sir; if anything, worse. 

Mr. Ayer. Have you been in the employ of the mill company here? 

Mr. Gauthier. Yes; up to 1911, and then I was transferred over to headquarters. 

Mr. Ayer. Are you still there? 

Mr. Gauthier. No, sir; I resigned there in September. I decided to make a fight 
and so I had to resign in order to make a fight. 

Mr. Ayer. Well, now, what is the principal thing you wanted to make a fight on? 

Mr. Gauthier. On our superintendent, Mr. Nicholson. He is incompetent. And 
not only the superintendent, but his assistant, Mr. Marble, also. 

Mr. Ayer then outlined to Mr. Gauthier and his party the recommendations it was 
his intention to make to the Government; about having tribal cattle; about the allot- 
ment of farms and the division of the tribal funds to get them started; about sending 
a few bright young Indians to Madison Agricultural College to learn scientific farming; 
about having the entire reservation surveyed by townships; about having matters 
presented by the Indians attended to at Washington without delay. 



MENOMINEE INDIAN IlESKKVATION. 871 

18. John Kakatosii. 

(Report of Mr. Edward E. Ayer's interview willi Mr. John Kakiitosli, at Mcnoininec Indian Reservation, 
Neopit, Wis., Nov. 30, VJVi.] 

Mr. Ayer. Air. Kakatosh, would you rather have the mill stopped and log the 
balance of this reservation by selling the logs? How do you feel about that? 

Mr. Kakatosh. Well now, I have worked around here quite a little, but it is pretty 
hard for me to know all that is going on here. Do you want to know what the Meno- 
minees want? 

Mr. Ayer. ^\Tiy, yes; I want to know about everything that is going on here; what's 
going on at the mill, and what the Menominee wants. 1 want to see if we can not do 
better and conserve your property. You don't work in the mill, do you? 

Mv. Kakatosh. No; I run camp in the woods; for the Government. I run camp 17. 

Mr. Ayer. Do you feel that these logs are being cut properly and handled eco- 
nomically, and as well as it is possible to do it? 

Mr. Kakatosh. Well, we are trying to get the logs out as cheap as we can. 

Ml-. Ayer. Why do the Indians want to have an attorney on this reservation? 
What do you want to do that the Government will not do? 

Mr. Kakatosh. Well, I have heard a lot of fellows saying that the mill is not handled 
right, that there is a lot of miscuts. 

Mr. Ayer. Do they think any mill is cutting where there are not miscuts? 

Mr. Kakatosh. I couldn't say. I have been brought up around the mills, but I 
couldn't say how many miscuts there were. 

Mr: Ayer. You are a farmer, are you not? 

Mr. Kakatosh. No; but I am going to start a little farm next year. 

Mr. Ayer. That's very fine. By the way, the Indians are doing Ijetter work these 
days, aren't they? 

ilr. Kakatosh. 'WTiy, yes; since they got the mill in they are getting more down to 
working. Now, my two boys are working neai-ly the whole year steady, and there are 
a lot of boys who work that way. 

Mr. Ayer. Do you know anything about whether this mill is paying ot not? Have 
you ever been told? 

Mr. Kakatosh. I heard a lot of them saying that the mill did not pay. 

Mr. Ayer. \\1iere did they get their authority? 

Mr. Kakatosh. Well, I don't know, I just heard a lot of them say so. 

(Here Mr. Ayer explained that the mills had made a profit of $444,000 during the 
past two years and that the Indians could get the facts in regard to the profits of the 
mill at any time, either from the agent or from Washington.) 

Mr. Kakatosh. I heard Mr. Nicholson say once that the boys could get the facts 
in Washington about what money the mill was making. 

(Mr. Ayer, continuing, explained that in the past "two years |444,000 had been 
added to the tribal funds at Washington out of the j^rofits of the mill; that the state- 
ment to this effect was absolutely reliable, and that any statement that the mill was 
losLig money was untrue. "The books of the reservation," he said, "are audited 
by Washington, and are absolutely correct, and any Indian can come here and find 
out just what money the mill is making or losing, and if they then are not satisfied 
they can get the information from Washirgton.") 

Mr. Ayer. Well now, have you any suggestions to make as to how the mill could 
be run better? 

Mr. Kakatosh. No, I have not. I have worked in a good many mills and they 
are worked just the same, as far as I can see, as this mill here. 

Mr. Ayer. Don't you think this entire reservation ought to be run out and examine 
and a report made on every township, of the character of the soil and what it will 
grow best, and get this information so as to know what you have here? 

Mr. Kakatosh. "\Miy, yes; some parts here are good land and some bad land. Well, 
of course I have heard a lot of talk, but I have been here since this plant started up 
and have all kinds of work, shoveling, driving piles, working on the river, and I have 
had all the work I want. 



Tucker. 



[Report of Mr. Edward E. Ayer's interview with Mr. Mose Tucker, at Menominee Indian Reservation 
Neopit, Wis., Nov. 29, 1913.] 

Mr. Ayer. Have you been working for the mill? 

Mr. Tucker. No; I could not support my family in that way. 

Mr. Ayer. You have a family? 



872 MENOMINEE INDIAN EESEEVATION. 

Mr. Tucker. Yes, sir. 

Mr. Ayer. Have you a farm? 

Mr. Tucker. Yes; I have 100 acres in fence and 65 under cultivation, and I bought 
another place at Keshena of 74 acres. 

Mr. Ayer. Yvhat do you raise? 

Mr. Tucker. Com, potatoes, oats, hay, beans. 

Mr. Ayer. Do they all grow successfully in this country— good crops? 

Mr. Tucker. Sure. 

Mr. Ayer. Then you are making a comfortable living for your family on these 
farms? 

Mr. Tucker. Yes. 

Mr. Ayer. Can you tell me something about the farming on this reservation? 

Mr. Tucker. Well, I believe that this is very good farm land here. 

Mr. Ayer. Are you satisfied that the future of the Indians will be better the more 
they take to farming? 

Mr. Tucker. Yes. 

Mr. Ayer. Have you good stock? 

Mr. Tucker. Well, I have three Guernsey cows and one bull and three sows. 

Mr. Ayer. Do you think that if the Government made an effort to help, out of the 
funds, that you could get some of the younger men into farming? 

Mr. Tucker. Yes; from my knowledge I believe that. I know my people are 
very easily led, and if you lead them in the right way they will go that way, and if 
you lead them in the wrong way they will go that way. 

Mr Ayer here advised Mr. Tucker that the Indians did not need any lawyers to 
handle their difficulties; that if they needed anything the Board of Indian Commis- 
sioners would do everything in their power to help them; that the Government was 
their friend and that there 'was no occasion to spend any money on lawyers. 

Mr. Tucker. Mr. Ayer, let me tell you that I am 48 years old, and I have always 
made an effort to develop myself in every way. Now, whenever we make a cornplaint 
to the department they will come right back to the agent and the ajgent will say, 
"Those parties are always making complaints," and consequently things get worse 

and worse. . , . . ■, ^ ^ ■ ^-i. 

Mr. Ayer. Then one of your mam complamts against the Government is tfie great 

delays that occur in all your requests and correspondence? 

Mr. Tucker. Yes. . . . i t t 

Mr. Ayer brought the interview to a close after explaining that any of the^ Indians 

could get any desired information about the accounts of the mills and that there was 

absolutely no doubt but that the mills were making money and were doing very well. 



20. Beauprey. 

rEenort of Mr Edward E. Aver's interview with Mr. Simon Beauprey, at Menominee Indian Reservation, 
'■ ^ ■ Neopit, Wis., Nov. 30, 1913.] 

Mr. Ayer. Are you working for the plant? ^ , -, , t i it 

Mr. Beauprey. I was two years ago, but I got discharged the 1st of July, and i 
haven't done anvthing since. I was a forest ranger. 

Mr. Ayer. Well, does that come under this mill department? 

Mr. Beauprey. Yes. sir. . , , ,, ^ • ,, 

Mr. Ayer. How much good farm land is there on the reservation, land that isn t 
too stony or too rough? , • , , -^ m, 

Mr Beauprey. I should sav about four townships— one-third of it. I here are 
three townships on the other side of the Wolf River that isn't good farm land, but it 
will make good grazing. ., ii ... • 

Mr. Ayer explained that he intended to make recommendations about allotting 
farm lands and about putting tribal cattle on the pasture lands. _ 

Mr Ayer. Have you any suggestions to make that you thmk would improve con- 
ditions here? You' know, of course, that they have added some |444,000 to your 
tribal funds at Washington in the past two years. 

Mr. Beauprey. No, sir; I don't think of any. 



MEXOMIXEE IXDIAX RESEUVATIOX. 873 

21. ^fcCALL. 

[Report of Mr. Eclward E. Ayer's interview with Mr. GeorRe T. McCall, at Menominee Indian Reservation, 
Neopit, Wis., November 30, 191.3.) 

ilr. Ayer. You are working for the com]iany, Mr. McCall? 

ilr. McCall. Yes, sir; I work in the catnjis! 

Mr. Ayer. Mr. McCall, have you cruis.nl this reservation jn-etty well? 

]\Ir. McCall. Not very much.' I have been all through it, but I have never made 
any special effort to find out what there is in it. 

Mr. Ayer. They are e.--timated here all the way from a billion and three-quarters to 
two billion. 

Mr. McCall. I don't think there is that much. You know fire destroyed a good 
part. 

Mr. Ayer. Is there hay that could be cut for the cattle over on Wolf River, toward 
Oconto? 

Mr. McCall. Yes; but over on the southwest side of the reservation there is hardly 
any hay to be cut. 

Mr. Ayer. Is this logging work that you are doing satisfactory to you? 

ilr. McCall. Yes; I am working in that burnt timber, and I am picking up all that 
"down" stuff. 

Mr. Ayer. How long has that been there? 

Mr. McCall. It has been burnt three years. 

ilr. Ayer. Nothing but the white pine is any good, of course? 

Mr. McCall. Well, the hemlock is good, the hard part under the saps. 

Mr. Ayer. What will th^v make? 

Mr. McCall. No. 2 and No. 3. When we get 100 logs I realize about 40. We have 
to cut them all in order to find if they are any good or not. 

^Ir. Ayer. What do you think it would cost per thousand to log them and get them 
at the mill? 

Mr. McCall. About S7 I think. 

Mr. Ayer. Is there much white pine there? 

Mr. McCall. Yes. 

Mr. Ayer. Well, is the white pine any good. 

Mr. McCall. Yes; you take this timber that has been laid down for many years, it 
is good because it is all clear timber, seasoned and all that. 

Mr. Ayer. Don't you think it would be a good business proposition to have the 
timber on this reservation estimated? 

Mr. McCall. I have always thought that would be a good thing. 

Mr. Ayer. You don't think there is two billion — do vou think there is a billion and 
a half? 

Mr. McCall. Yes; I think there might be that. 

Mr. Ayer. How long do you think before they will be ready again to log that part 
the foresters are leaving? 

Mr. McCall. It takes very long. I think 50 years. 

]\Ir. Ayer. How high are they leaving them? 

Mr. J^IcCall. Ten and twelve inches. 

Mr. Ayer. How much good farm land is there on this reservation, as far as you know? 

Mr. McCall. Well, I believe there is all of about seven townships that is good 
farming land. Four are particularly good ; three not so good, but they could be used . 



22. Peter Lamotte. 

[Report of Mr. Edward E. Ayer's interview with Mr. Peter Lamotte, at Menominee Indian Reservation , 
Neopit, Wis , Nov. 30, 1913.] 

i\Ir. Ayer. How long have you been here, Mr. Lamotte? 
Mr. Lamotte. Three years." 

Mr. Ayer. Do vou think the mill has been of great benefit to the tribe? 
]\Ir. Lamotte. Well. I think it is a benefit, but it doesn't make any money. 
Mr. Ayer. You mean a benefit in so far as it has furnished more enaployment?. 
Mr. Lamotte. Yes. more employment; but the Indians don't get it. Before this 
plant was here tlie Indians had more work — logging. 

Mr. Ayer. But they only logged three or four months a year? 

3r>(i()l— pt 8—14 11 



874 MENOMINEE INDIAN RESERVATION. 

Mr. Lamotte. Yes; l;)ut after they would get through they used to work the farms; 
but now you have to go to work every day, and you have nothing to farm with; and if 
you stop work for a week, you are going to starve. 

Mr. Ayer. Now, you say the mill doesn't pay? 

Mr. L.\MOTTE. It would pay if it was well taken care of. 

Mr. Ayer. But is the mill a good thing; you said it didn't pay? 

Mr. Lamotte. It doesn't seem to be paying. 

Mr. Ayer. Have you ever asked to see the statement? 

Mr. Lamotte. Yes. 

Mr. Ayer. Well, that indicates that there have been some $444,000 paid into Wash- 
ington in the last two years, over and above everything. 

Mr. Lamotte. Well, then, I must be mistaken. 

Here Mr. Ayer explained in detail how the mill had been progressing, showing by 
a statement before him just what money they had been making on the reservation 
each year for some years past; also explaining that the books were absolutely to be 
relied upon. 

Mr. Ayer. Do you think we ought to make a recommendation to have a certain 
part of the funds turned over to individuals to make a farm? 

Mr. Lamotte. That's all right. 

Mr. Ayer. What do you think about sending five or six bright young men to the 
College of Agriculture at Madison to have them learn to be scientific farmers? 

Mr. Lamotte. That's all right, too. 

Mr. Ayer. Don't you think these lauds all ought to be run out, showing what is 
on every township iii this reservation? 

Mr. Lamotte. That would be another expense to the tribe. 

Mr. Ayer here outlined to Mr. Lamotte his plan of recommending to the Govern- 
ment that a portion of the tribal money be used for allotting farms and getting them 
started. 

Also his plan of recommending that, say. a thousand head of cattle be put on the 
reservation to eat up the pasture now going to waste; for the Government, if necessary, 
to cut hay enough to carry the cattle through the winter. 

Also of recommending that matters taken up by the tribe be accorded immediate 
attention. 

Mr. Ayer. What proportion of the tribe is dissatisfied, do you think, with the 
plant here? 

Mr. Lamotte. Quite a few. 

Mr. Ayer. Ten per cent? 

Mr. Lamotte. I think more than that. My opinion is this, that the Indian can 
log as good as the white men, or better. I think the mill should be leased and the 
timber sawed so much per thousand . 



23. Wyeskesit. 

Report of Mr. Edward E. Ayer's interview with Mr. Wyeskesit, an old pagan Indian, at Menominee 
Indian Reservation, Neopit, Wis., Dec, 1, 1913. Mr. Wyeskesit was accompanied by Mr. Tiiomas 
Prickett and Mr. Frank Gautier, the latter acting as interpreter.] 

Wyeskesit. The reason why I come to see this gentleman is to tell him how the 
Menominees are in poor circumstances. You see this city here, it looks nice and good. 
But where I live is the poorest settlefnient that there is on the reservation — Zoa set- 
tlement, 6 miles away. 

Mr. Ayer. What is the nature of the land up there; is there any good farm land? 

Wyeskesit. Good land; timber land; but how am I going to use the farm? 

Mr. Ayer. I am going to recommend that the Government will advance money 
enough to those who want to farm to build a house and barn and get a team. Won't 
that help you? 

Wyeskesit. I want the views of this proposition placed before the tribe, and what- 
ever action my people take then I will give my opinion. 

Mr. Ayer. I want your individual opinion. 

Wyeskesit. My opinion is that when a man comes here I like to have him go and 
be my witness to the poor conditions we are placed in up there. We are in such poor 
circumstances we have no lumber. Some of my people up there have barn for their 
roofs. We have no money to buy this lumber up here. 

Mr. Ayer. How do they live? 

Wyeskesit. Go around and hunt and trap. 

Mr. Ayer. Is there much game on the reservation? 



MENOMINEE INDIAN EESERVATION. 875 

Wyeskesit. There is, but there are some of us (hat are iinal)Ie to hunt; we are old 
and sick. 

Mr. Ayer. How old are you. 

Wyeskesit. Seventy-two. That was why I went to the war to fight for this 
country, so that the white people that I helped would help me when I am poor. 

Mr. Ayer. How much pension do you get? 

Wyeskesit. $208 a year. 

Ih. Ayer. How much annuity do you get a year? 

Wyeskesit. In the beginning I got $30 twice a year; but now the money is being 
used lor other purposes — it is sunk here. 

Mr. Ayer. In the past two years $444,000 was deposited with the United States 
Government out of the profits of this plant. Isn't that good? 

Wyeskesit If this plant was a paying proposition, would I be poor; would I be 
hungry? The white people you see here, they are the people who have good things 
to eat. 

Mr. Ayer. But over and above the entire expense of this plant for two years they 
have deposited $444,000 in the tribal funds at Washington. The money in yoiu- funds 
at Washington now amount to about $2,000,000. If this plant keeps on as it has for 
the last two years it will pay in a short* time all the money that has been put into it 

Wyeskesit. Well, where is this money? 

Mr. Ayer. They are paying annuities' out of it; if they should pay that all out at 
once the Indians would be poorer in a few years than now; there would be nothing 
to draw from. 

Mr. Ayer here explained to Wyeskesit, through the interpreter, that while he had 
come specially for the purpose of examining conditions at the mills and in the woods, 
still in the meantime he would make strong recommendations and suggestions that 
he hoped would benefit the tribe. 



24. Freschett. 

[Report of Mr. Edward E. Ayer's interview with Mr. Charles Freschett, at Menominee Indian Reserva- 
tion, Neopit, Wis., Nov. 30, 1913.] 

Mr. Freschett was accompanied by Mr. Frank Gauthier, Mr. Mose Tucker, and 
three other Indians. 

Mr. Freschett presented a document which showed, as he understood it, that pine 
timber had been sold for $57 in the log. Mr. Ayer explained that his understanding 
was incorrect, demonstrating that the timber referred to had been sold for $70 per 
thousand on the stump. 

The remainder of this meeting was taken up by a discussion as to the profits of the 
mill, Mr. Ayer showing how $444,000 had been added to the tribal funds at Washing- 
ton from the profits of the mill during the past two years, the total amount of the funds 
at Washington, etc. 



24A. Louis Oshkenaniew. 

[Report of Mr. Edward E. Ayer's interview with Mr. Louis Oshkenaniew, at Menominee Indian Res- 
ervation, Neopit, Wis., Nov. 30, 1913.] 

Mr. Ayer. Do you live around here? 

Mr. Oshkenaniew. I live away up on the northeast end of the reservation. 

Mr. Ayer outlined his plan of recommending tribal cattle, asking if they had good 
hay up there. 

Mr. Oshkenaniew said this plan would work out well up where he Lived. 

Mr. Ayer. Are you a farmer? 

Mr. Oshkenaniew. Yes, sir; I farm about enough to make my Living — 19 acres. 
I raise potatoes and corn. 

Mr. Ayer. Don't you tliink that every 40 or 80 acres on this reserv^ation ought to 
be run out and estimated and the good grazing land, etc., all be found out? 

Mr. Oshkenaniew. Yes, sir. 



876 MENOMINEE INDIAN EESERVATION. 

25. Mitchell Oshkenaxiew. 

[Report of Mr Edward E. Ayer's interview with Mitchell Oshkenaniew, at Menominee Indian Reserva- 
tion, Neopit, Wis., November 30, 1913. Mr. Oshkenaniew was accompanied by Mr. Joe Waupano.] 

Mr. Ayer. Are you working for the company? 

OsHKEXAxiEW. I was, up to January, 1912. 

Mr. Ayer. Couldn't vou continue? 

Oshkenaniew. Well, at that time I was working here as timekeeper for this mill. 
In December there had been a payment and the Indians got only $5 per capita and 
they were not satisfied. Many of them did not have clothing on their back. Now, 
many of them came to me, and when I heard their pleas it touched my heart, and I 
felt it was my duty to help my people. I went to Washington to make my complaint 
to the commissioner as a delegate for my tribe. When I got down there we pre- 
sented our complaint in writing. When I came back to my position soon afterwards 
I was told by the foreman that he had been instructed In' Mr. Nicholson to keep the 
time himself. 

Mr. Ayer. Then they must have found they could get along without you. Did 
you accomplish anything by going to Washington? 

Oshkenaniew. We got $40 per capita. 

Mr. Ayer. Don't you think you would have gotten this just as well without going 
to Washington? 

Oshkenaniew. I don't know; but that was our impression, that we got it because 
of my going there. 

Mr. Ayer. How long was it before you got back and asked for your place again, 
after you left your employment to go to Washington? 

Oshkenaniew. It was not more than six weeks, from the time I left until the time 
I came back. 

Mr. Ayer. What were you getting a month? 

Oshkenaniev»-. Two dollars a day— S52 -a month. 

Mr. Ayer. Well, ^ ow, have you ever worked for the com.pany since? 

Oshkenaniew. This spring I made an application to Mr. Adams, and he told me 
that when there was an opening he would let me know. I have been waiting, but 
haven't got a place yet. Now," when I came back from Washington in the spring 
there was a clerk that had been discharged, and I made application for that, but I 
got a letter from Washington that JMr. Nicholson had not recommended me. So I 
couldn't get the place, although I made an effort. 

Mr. Ayer. What would you suggest as a better way to handle this work? 

Oshkenaniew. The Indians have been clamoring to log. When they did log 
they prospered, they had money in the spring to buy cattle and corn, and they worked 
their farms more than they do now. 

Mr. Ayer. Do you refer to the general body of Indians or just the contractors? 

Oshkenaniew. The whole tribe. 

Mr. Ayer. Do you know how many Indians have worked here the whole year, on 
the average? 

Oshkenaniew. No. 

Mr. Ayer. Well, 1 can tell you— about 270. Now, would it be good business to 
let these contracts to Indians to log if the mill could do it cheaper by having their 
own foremen and working the Indians as laborers? Isn't it the truth that there are 
more Indians working now than ever? 

Oshkananiew. ^^'ell, yes; now they are picking things up around here, but 
there are not many in the woods. 

Mr. Ayer. Yes; but I refer to the last year, and they have been making money. 

Oshkananiew. Well, when they were logging they raised more farm products 
than they ever did before. 

Mr. Ayer. Would you recommend that the mill be stopped and the logs sold f 

Oshkananiew. No. 

Mr. Ayer. Every Indian— man, woman, or child— can have access to these books 
whenever they want it, and you get statements. showing the accounts of this mill. 
The Government issues these statements, and the books at the mill are inimaculately 
right. The books are kept by the United States Government and audited by the 
United States Government. If any man should issue a false statement, he would be 
sent immediately to the State's prison. If any man tells you that these books are 
not true, he doe.sn't tell vou the truth. 

Oshkananiew. Now, if they have so much money, why are they starving the 
Indians? 



MENOMINEE INDIAN RESERVATION. 877 

Mr. Ayer. That inn't tho fault of this mill. Th Indian ao:ent here ('an not sjjcnd 
a cent except by the order of the Indian Dei)artnient. The Government i.-^ at fault. 
Now, you have been perfectly frank witli me, but you liaven't told mc wliat Mr. 
Tyrreii, the attorney, is here for. Don't you want to tell me? 

OsHKANANiEW. Well, we are being mistreated; we want an attorney to speak for 
us. We can not s])eak as well as an attorney. \\c want justice, aiid we are not 
being treated right under the present way of doing things. We want our lawyer to 
get justice for us, and we will keep him and pay him until we get justice. 

Mr. Ayer answered that, in his judgment, the right way to handle their giievances 
was to take them up with Washington, not to give tlieir money to the attorney. 



25A. Letter FRo^^ Oshkenaniew. 

[Copy of a letter dated Neopit. Wis., Dec. 3, 1913, from Mr. Mitchell Oshkenaniew, of the Menominee 
Indian Tribe, to Mr. Edward E. Ayer, Chicago.] 

Neopit, Wis., December 3, 1913. 
Hon. Edward E. Ayer, 

Railway Exchange Building, Chicago, III. 

Dear Sir: I wish to write to you in connection with D. F. Tyrrell, an attorney 
whom you have met, when you were here. You have had a long interview with 
him in the office at Neopit and no doubt you may have formed your opinion of this 
man by the way he talked and his demeanor toward you. 

I met this man three times during the past year. I saw him once before on the 
train in 1909, and that was the first time I ever met him. I did not know what kind 
of a man he was until yesterday. 

lie sent word to me at my home in the afternoon that he wanted to see me at the 
hotel where he was stop]iing at Neopit. I went there, and when I entered the house 
I saw several Indians sitting in the room and he was the central figure. 

He then told me certain things which indicated that he was displeased because 
he had been informed that I was working against him. 

I did not like the way he talked to me in presence of the Indians, so I asked him 
for a private interview. We then went into a room by ourselves, and I asked him 
for an explanation and it only resulted in a quarrel between I and him. He told 
me what he thought of me and I did the same. 

On the morning of December 2d I was at the same hotel where Tyrrell was stop- 
ping. Two Indians were getting ready to go in the woods to look over the timber, 
and before they went Tyrrell was giving them instructions what to do there. 

I find that many of the Indians actually believe Tyrrell is a great lawyer and that 
he can acconijilish much good for the Menominee Indians. Thomas Prickett, an 
adopted member of the Menominees, has been working hard to create such a feeling 
among the members of the tribe. 

Tyrrell is very active at present, evidently for the purpose of getting the good 
will" of the tribe. I understand he is trying to get a contract from the Menominee 
Indians to employ him as their attorney at an annual salary of §4,000 per annum. 

Members of the tribe told me that in compliance with Tyrrell's request they had 
collected |150 in cash for him a short time ago, before he went to Washington, D. C. 
After his interview with you in the office at Neopit Monday morning, December 1, 
1913, the Indians said that Tyrrell told one of them that he'had convinced you that 
he was right. When this news went around, the Indians felt glad; and as a result, 
I hear, the Indians are going to collect some more money to send Tyrrell again to 
Washington, D. C. 

I do not desire to say anything against any other attorney who may be associated 

with him along this line; but as regards Tyrrell it is my im])ression now that he is 

not the right kind of a person to have anything to do with the Menominee Indians, 

and his connection with them ought to be severed at once for the good of the tribe. 

Yours, truly, 

Mitchell Oshkenaniew. 



878 MENOMINEE INDIAN RESERVATION. 

25B. From Nicholson Regarding Oshkenaniew. 

[Copy of letter from Mr. A. S. Nicholson, superintendent Menominee Indian Mills, to Mr. Edward E. Aver, 
dated Neopit, Wis., Dee. 4, 1913.] 

December 4, 1913. 
Hon. Edward E. Ayer, 

Chicago, III. 

Dear Mr. Ayer: For your information, last evening, December 2, about 6 p. m., 
Mitchell Oshkenaniew came to my house and desired an interview, which I gave. 
His story was about as follows: 

He and Mr. Tyrrell had a quarrel. It seems Oshkenaniew, who is head and front 
of stirring up present trouble, spoke disparagingly of Mr. Tyrrell's ability on the show- 
ing he made. Tyrrell accused him of working against him and of commencing to 
stir lip feeling against his securing a contract with the tribe. Hot words passed. A 
division ensued between the Indians, with much feeling for and against. In course 
of his remarks OshkenanieAV said that Louis La Frombois had mortgaged his hoiise 
in Marinette for $200, which money was sent to a Mr. Ballinger, an attorney in Wash- 
ington, to secure his interest in having an investigation made. He intimated that 
in the meantime efforts were to be made here to create feeling and get up any evidence 
they could. Mr. Ballinger is connected with Mr. Tyrrell. 

Last night, and for several nights, meetings were held to take up a collection to 
pay Mr. Tyrrell; about $150 was collected and, Oskhenaniew says, paid to this man. 

He says also that Tyrrell was trying to get a contract with the tribe, $4,000 yearly, 
and double that amount if successful. I told Oshkenaniew plainly that he came to 
me too late; that I had known for some time the interests that lay behind the attacks 
and the purpose desired; that I was not interested in his statement if he had any to 
make and was undergoiiig any change of heart he could write to you, and I gave him 
your address. "Wliere ri'gues fall out just men get their dues." 

I could have showed you wherein every man connected with these complaints 
have been caught by me in crooked transactions and been disciplined. Yes; even 
jobs put up by tliem in hope that employees here w.)uld fall. That is the hopes of 
these kind, that they can get rid of anyone who will not work their way. If I were 
to start at the head of the list I could go down the line and find each one an utterly 
unprincipled character, who has been caught redhanded and the evidence in the 
office. 

Pardon me for bothering you, but I thougjit you might like to know of this devel- 
opment. 

Sincerely, yours, 

A. S. Nicholson, Superintendent. 

P. S. An example of the pity of this whole thing and how it rebounds against the 
interest of the Indian in actual money loss, wages, and all considered. 

Mr. La Frombois, who paid the above-mentioned money, has just been to the office 
and asked to have no deduction for house payment, supplies, etc., taken from his 
wages this month, as he says child is very ill and he wants to use money to consult 
specialist outside. He had but very little wages coming, due to fact that he was not 
working, but spending his time running around. 

Such situations as this are always the case; the poor Indian is induced to part with 
his money on any pretext; then when the emergency arises he has nothing. 
Sincerely, yours, 

A. S. N., Superintendent. 



25-C. Oshkenaniew. 

[Correspondence between Mr. Edward E. Ayer and Mr. Mitchell Oshkenaniew re^ai-ding the law firm 
of Tyrrell and Ballinger.] 

Neopit, Wis., January 7, 1914. 
Hon. Edward E. Ayer, 

Chicago, III. 
Dear Sir: One of my friends told me a short time ago that he asked Thomas 
Prickett how Tyrrell was getting along at Washington, and that Prickett told him 
that Mr. Tyrrell stood very high above all others in Washington, D. C. 

And yesterday I had a talk with another member of the tribe who stands close to 
Prickett. I asked him what promises Tyrrell was making to the Indians as to what 



MEXOMIXEE INDIx\N RESERVATION. 879 

he could do for tlieni, and he told iiic that TyrroU was trying to get annuities for the 
Menominees, and tliat he was also endeavoring to have an investigation made of 
Neopit affairs: that last Friday or Saturday Louis La Fronibois received a h-tter from 
Mr. TjTrell stating tliat the Assistant Commissioner was favoring him; that the Com- 
missioner of Indiaii Affairs was out West at present and that when he returned lie was 
going to take up Menominee matters; that he was coming here to make an investiga- 
tion; that it made no difference what Mr. Ayer or anyljody else rei)orted, tliat tlie 
Commissioner of Indian Affairs was going to make the investigation in person and that 
he was going to the bottom of the whole business. 
Yours, truly, 

MrTCIIELL OSHKENANIEW. 



Xkoi'IT, Wi.s., Jannan/ 7, 1914. 
Hon. Edward E. Ayer, 

Chicago, III. 
Dear Sir: In addition to what I wrote to you this day I will say that during the 
month of September last Mr. Webster Ballinger wrote a letter in' which lie stated 
tliat the "Total loss to the tribe during five years' operations, approximated 
$1,429,426.43." 

Yours, truly, 

Mitchell Oshkenaniew. 



Chicago, Januarys, 1914. 
Mr. Mitchell Oshkenaniew, Neopit, Wis. 

Dear Sir: I have your letters and contents noted. Will you kindly let me know 
who Mr. W'ebster Ballinger wrote the letter to, mentioned in"^your8 of January 7? 
Yours, very truly, 

Edward E. Ayer. 



Neopit, Wis., .January 13, 1914- 
Hon. Edward E. Ayer, Chicago, III. 
Dear Sir: Mr. Ballinger wrote the letter to me. 
Yours, truly, 

Mitchell Oshkenaniew. 



27-A. Tyrrell. 

[Copy of Mr. D. F. Tyrrell's letter to Mr. Ayer, dated January 27, 1914.] 

GiLLETT, Wis., January 27, 1914. 
Mr. Edward E. Ayer, Chicago, III. 

Dear Sir: In looking over my correspondence I find a letter from you, containing 
the following inquiry, is unanswered. 

"You mentioned several times at Neopit that you thought there was plenty of 
Indians there perfectly capable of running logging camps and to take almost any 
position around the plant or in the woods. Would you be kind enough to give me 
the naines of those you think would be capable of that kind of work? I certainly 
agree with you that wherever possible such Indians should be worked in as good places 
as they can fill." 

With reference to your inquiry, I desire to reiterate that there are plenty of Indians 
perfectly capable of running logging camps and of filling many positions now held 
by white men on the reservation. I would not attempt to name those men, for they 
are well known to Supt. Nicholson, and you could very easily have ascertained the 
truth of my statement by a little inquiry while upon the reservation. 
Very truly, 

D. F. Tyrrell. 



880 MENOMINEE INDIAN EESERVATION. 

26. Tyrrell. 

[Report of Mr. Edward E. Ayer's conversation with Mr. D. F. Tyrrell, attorney, of Gillette, Wis., Dec. 9, 
19i;j, in Mr. Ayer's Chicago office, in regard to the affairs of the Menominee Indian Reservation.] 

Mr. Tyrrell. Mr. Ayer, during the course of the last conversation which I hid with 
you while at Neopit and just before you left, you referred to the critical condition of 
the Menominee Tribe due to the great dissatisfaction and the feeling of unrest which 
prevails throughout the i-eservation. If I remember right you referred to the condition 
of the tribe as being dangerous. You also made the statement that you felt that I had 
a great influence with the tribe and that, owing to that influence, 1 was the proper 
person to quiet this feeling of diss itisf action and unrest, that I sliould inform the mem- 
bers of the tribe that conditions were all right on the reservation, that the tribe was 
making money and urge the members to turn their attention to agriculture. 

I answered you, at that time, that I did not consider the conditions on the reserva- 
tion all right, that I did not consider the tribe was making money, but on the contrary 
losing money, that 1 did not consider it advisable to urge the members of the tribe 
to go to farming until the conditions existing on the reservation h?d been corrected 
and means provided whereby they would be able to support themselves while clear- 
ing their farms and to build the necessary buildings and provide stock and farm 
machinery, and th^.t, even if the necessary m.eans were pnn-ided at this time, the move 
would not be successful so long as the tribe felt that tribal property and funds were be- 
ing wasted through the operations at Neopit and that, as an honest man and an attorney, 
I could not look the members of the tribe in the face were I to advise them to lay down 
before the rights, for wliich tliey were striving, had been attained. 

Your referende to the influence which you felt I had with the tribe, coupled with 
the f::ct that I realized as you did the gravity of the situation existing on the reserva- 
tion and the further fact that I felt I had. in a large measure, the confidence of the 
tribe and that they were depending upon me, locally, to sife-guard their interests 
and advise them honestly and fearlessly, placed upon me, Mr. Ayer, a responsibility 
which I carried from your presence and which I felt w,,s paramount to any personal 
interest which I might have in the premises. 

I felt then, as I do now, that the great dissatisfaction existing throughout the reser- 
vation must he checked and wiped out at once or great injury and suffering would re- 
sult, not only to the tribe but also to the individual members thereof. 

Moved by these considerations, I took up the matter with some of the leaders as 
well as other members of the tribe. 

The result was that we arrived at the conclusion that tlis disconlert and dissatis- 
faction would remain unless the conditions and circumstar ces which brt ight it about 
were eliminated. 

We also arrived at the conclusion that there was but one of two ways by which 
the existing conditions could be eliminated: . 

First. By a thorough investigation of all tribal matters. It was suggested, how- 
ever, that this investigation would imdoubtedly prolong this feeling of dissatisfac- 
tion and unrest for a considerable time, as it would simply lay the foundation for the 
remedial measures which would of necessity haA^e to be taken in order to change the 
conditions existing, and which would, of course, take time. 

Second. By allowine; the tribe to employ attorneys, through whom and by whom 
the conditions prevailing upon the reservation could be made known to the depart- 
ment, and the proper remedies applied by the department, and by allowing the 
tribe, through their attorneys, to sue for the loss which it has sustained through the 
operations at Neopit, and by the department taking the tribe into its confidence to 
the extent of listening to and investigating any recommendations that the tribe might 
make with reference to the men placed over them. 

It was felt that if this last course be taken it would ultimately attain all the results 
of an investigation, but with this in its favor, that it Avoidd quickly allay this excite- 
ment and dissatisfaction, as the members of the tribe would feel that their rights were 
being safeguarded and that gradually and in an orderly manner the conditions to 
which they are subject would be righted. 

The conclusion was also reached that unless this last course was adopted the only 
other course was an immediate and thorough investigation of tribal affairs. 

Mr. Ayer. Who are the "leaders of the tribe"? Give me their names. 

Mr. Tyrroll. There are a great many. I could not give you all the names. There 
is Lewis La Frambois, Tom Prickett, Adolph Amour, Tom La Bell, Joe Long!e\', Joe 
Wabeno, Paul Tebeau, Sam La Frambois, Frank Gauthier, Mose Tucker, Simon 
Beauprey, George Mci'all, Joe Law, Paywaukee, Weeskesit, and many others whom 
I have not space to mention, but who enjoy in an eqiual measure the confidence of 
the tribe. 



MENOMINEE INDIAN RESERVATION. 881 

Mr. Ayer. What is the nature of these claims that Lhe Indians have got? Do they 
want to collect for what was lost before the mill was started, by the wind break, and 
that sort of thing? 

^Ir. Tyrrell.' We have put that out ver>' fully in our application to the d.'paitment. 
That is, the operations at Neopit have entailed a lot-s of over $1,COO,COO, in( h dirg the 
loss entailed by the blow down and from the lumber operations since the building of 
the mill. 

And then there is a bill pending before the departmr nt for the enrollment of a large 
number of half bloods, and the members of the tribe det-ire every man to bcfcme en- 
I'olled who can show a l-^gitimate right to be there, but not otherwise, and they wish 
to be protected against those who have no right. 

Then there is the claim which the tribe has agninst ihe Government and the Stock- 
bridge Indians for the timber cut on what is known as the "Two Mile Strip" as well as 
many claims grov irg out of tribal treaties. 

Mr. Ayer. What do you think about the r« comm"ndation I am gt)ing 1o make, 
that the Indians take up farms? Don't you think it is a good one? 

Mr. Tyrrell. I l)olieve that, applvingto a large number of the Indians on the reser- 
va ion, it is the nl ima+epoluticn of their social welfare. I am also convinced, as I have 
stated before, that I do not consider it advisable tor the Indians to undertake faiming 
on the scale contemplated by yoi), until the conditions now existing on the reseivation 
are remedied and aho help extended to them. I f ) mly belie^ e that if the existirg con- 
ditions are not as I have suggested, a number of the Inelians would select their iaims 
anel begin next spring, providing, of course, that some method was devised by which 
they could get help. 

Mr. Ayer! Have you taken this up with the departm.ent? 

Mr. .Tyrrell. No" That would really be a matter that would be outside the scope 
of our employment, although it could, if elesired, be made so: that is, to make sug- 
gestions, etc., as to the methods by vrhich help coulel be extended to those farming. 

If you feel that you can recommend that the tribe be allowed to employ its cou^nsel 
and allow them to work out a solution with the department of the conditions existing, 
which V ould relieve the intense feeling amoug the tribe, anel also reeommenel that the 
elepartment as much as possible take the tribe into its confidence anel pay attention to 
and investigate the recommendations vhich the tribe might consider proper to bring 
to the attention of the department, v.ith reference to its employees, I feel that a good 
step would he taken. 

Mr. Ayer. Well, now, the matter of expense is a very important one. Now, what 
would the expense be? 

j\Ir. Tyrrell. Our contract provides for $8,000 a year for Mr. Rallinger and myself. 
We contemplate a local man near the tribe, and Mr. Ballinger in Washington, to 
attend to matters there, we jointly to handle the litigation of the tribe. 

Mr. Ayer. Well, of course, you wordd be the local man? 

]\Ir. Tyrrell. Yes; I would be the local man. I feel that, while I have fheir c ftn- 
fidence, I have no "cinch" on the tribe. They are at liberty to hire anyeuethey 
please. 

Mr. Ay'er. ^^'hen I was at Neopit you saiel you had never received one eent of 
compensarioa. 

^Ir. Tyrrell. Up to date I have never received one cent of compensation. About 
three and a half weeks ago I received $125, which had not been sufficient to meet 
m>- expenses to Washington, and since that time. 

yir. Ayer. That came from the tribe? » 

Mr. Tyrrell. Yes; at the present time I am guaranteeing my expenses myself, 
and if they are not paid by the tribe, I have to foot them myself. The tribe is under 
no legal obligations to me for any services I have rendered them to date, but the con- 
elitions there have been and are so urgent that they require immediate attention, 
so mueh so that I could not allow the lack of money on the part of the trilje to keep 
me from doing M^hat I could to see that justice is done them. Mr. Ayer, I don't know 
whether your attention was called to the condition of the Pagan Indians or not? 

Mr. Ayer. No; I didn't have the time to look into that. 

Mr. Tyrrell. At Mr. Wyeskesit's request, I visited several families of Pagan 
Indians. I was able to endure but three families; their condition was so pitiful and 
demanded so much relief that I simply turned sick and I could not continue visiting 
the remaining families there. 

Mr. Ayer. You are perfectly satisfied that every opportunity was giAen you at 
the plant to present your case, under the circumstances? 

Mr. Tyrrell. No; I can not say that, from the fact that I could have kept your 
men there at least two weeks. 

Mr. AY'ER. That would not have been consistent. 



882 MENOMINEE INDIAN KESERVATION. 

Mr. Tyrrell. Tint when you consider that the conditions to which we called atten- 
tion are practically the prevailing conditions over the entire area of operation, you 
can see that we could cover but a small fraction in the few hours that we were out. 
I must say that I do not consider that "every opportunity" was given me to present 
our side of the case. Far from it, Mr. Ayer. 

Mr. Tyrrell. What would be your position in this matter, if I may ask? 

Mr. Ayer. I would not recommend any attorney or attorneys, because it would be 
a division of authority; there would be two different interests that the Indians could 
go to. Every time an Indian was discharged or anything else he would come to his 
attorney and that would mean a report to Washington, and the superintendent would 
make another; and it seems that in any business the more divided authority you 
haxe the more you are liable to fail. 

Now, if the United States can haA'e a man that is taking care of 40,000,000 feet of 
lumber a year practically, cutting, sawing, and selling, and then have charge of 1,700 
people, sick, lame, and lazy, and all for $3,500, I certainly would not recommend that 
they pay lawyers $8,000 a year for presenting the ordinary business of the tribe which 
the Government is under obligations, through their Indian Department and special 
agents, to attend to themselves. I would not recommend anything of that kind. 

Mr. Tyrrell. As far as the "division of authority" is concerned, I don't believe 
there is any contract that contemplates any division of authority and there certainly 
would not be any. 

Mr. Ayer. Yet you say that you would present their grievances, etc. If you had 
the power and right to go in on the reservation and listen to the complaints of those 
who had a grievance. The Government has their agent there for that purpcse, and I 
don't believe the Government has any right to permit the Indians to spend any money 
for attorneys. If there are individuals that want to employ attorneys and they have 
money to pay for them, all well and good. 

Mr. Tyrrell. Now, if you knew the number of cases I have had to attend to which 
demand attention 

Mr. Ayer. You mean in this tribe? Then in that case you have been doing part of 
the duties of the Indian agent, of course. 

Mr. Tyrrell. No; not at all. These are matters which the Government should 
have attended to, but which the Government never has and I don't believe the 
Government ever will. 

Mr. Ayer. Am I to consider, then, that you haven't any faith in the Government 
ever settling these claims? 

Mr. Tyrrell. I have absolute faith in the present officials at Washington connected 
with the Indian Department. But I don't believe that it is possible for the Indian 
Department, through its local department, to obtain for the Indians that full measure 
of justice which an attorney, who is employed for the tribe and paid out of tribal 
funds, would secure. 

In connection with this "blow down" in the logging district, some of the members 
have approached me and stated that they felt the tribe would desire the settlement 
of these claims, with the exception of that of ( 'ook, upon the basis of what was actually 
due the contractors at the time of the closing of operations, with a reasonable per cent 
interest, providing we as their attorneys would stand between them and the suing 
contractors. 

Mr. Ayer. You think they would save money by having you do that? 

Mr. Tyrrell. Now, understand, Mr. Cook, outside of his own claim, has claims, 
I have been informed, aggregating in the neighborhood of $100,000, if not $130,000, 
I don't know. I believe those claims could be settled for an amount in the neigh- 
borhood of $25,000 to $30,000, or, in other words, for the amounts due the contractors 
at the time of the closing down of operations, with a reasonable per cent of interest. 
Understand, I am not referring to Mr. Cook's personal claim in this connection or 
at any time with reference to these claims, but simply to those claims which, I have 
been informed, Mr. Cook has taken to collect for certain other contractors, including 
a number of Indians. 

Mr. Ayer. There were certain deductions made by Mr. Brannif from all the claims 
the reasonable cost for running the logs, as they never were run. Then, in addition 
to that, there was penalties for cutting green timber, etc., which he docked them 
for, too. Now, isn't it a fact that the Goverrmient has considered these deductions 
and if anything ever is paid out it goes to a few white men. How do you save money 
for the tribe in that way? 

Mr. Tyrrell. Mr. Cook's claims call for not only the amount actually due, includ- 
ing those deductions, but also claims for damages for breach of contract, etc., which 
bring it up from $25,000 to $100,000 and over. Now, if it is considered that these 
claims are proper to be paid it means that the sum of $100,000 will come out of the 



MENOMINEE INDIAN RESERVATION. 883 

tribal funds. Now, if the tribe is allowed their attorney, and they can settle for 
125,000, they are savin,*? the difference between $25,000 and $100,000. 

Mr. Ayer. I see. The Government claim that they don't owe anything. Now, 
these men who have $100,000 damages, etc., you think you could get off? 

Mr. Tyrrell. These Indians who have contracts and who have certain amounts 
coming on these contracts and which have been held back have stated to me that 
they thought the tribe would be willing to vote for settlement on the basis of what 
they claim was actually due, with a reasonable per cent of interest, providing we 
represented the tribe to see that these conditions were brought about which 1 have 
just outlined. 

Mr. Ayer. Isn't it a fact that the Indian Department and the Government claim 
that they don't owe these claims? Isn't it a fact that if they paid any money on those 
claims of any name or nature it would only go to the few loggers who have those claims 
and would come out of the funds of the Menominee Indians? 

Mr. Tyrrell. The position I take is that the Government will have to pay every 
dollar due on these contracts. Certainly it has got to come out of the tribal funds, 
but they would be willing to pay this, Joecause there was a chance that they would 
have to pay more if they went to law. 

Mr. Ayer. Mr. Tyrrell, your coming here to discuss these things with me is per- 
fectly proper. 

Mr. Tyrrell. I take it so. 

Mr. Ayer. And it is just as proper for me to disagree with you. 

Mr. Tyrrell. Absolutely. Mr. Ayer, I have given this matter a great deal of 
time and attention, through the fact' that I feel that these conditions must be done 
away with, the tribe must be quieted, and as many as can must be taught farming. 

MV. Ayer. Yes; that is one of the first things I took u]) with them. 

Respectfully submitted. 



27. Tyrrell to Ballixger. 

rCop5' of Mr. D. F. T\nToirs letter to Webster Bal'.ingcr, Washington, D. C, which was forvrardert to Mr. 
Ayer by Mr. Sells, with letter dated Dec. 4, 1913.] 

Gillette, Wis., November 24, 1913. 
Webster Ballinger, 

Washington, D. C. 

My Dear Ballinger: Have just returned from Shawano, where I met a number 
of Menominee Indians. They inform nie that for some time now the officials have 
been cleaning up around the mill yard and in the woods. 

In the yard they have been cleaning up and piling all pieces of lumber that they 
had allowed to be scattered around, and have covered up other lumber with refuse 
and ground-up wood from the "hog" in order to get it out of sight. 

In the woods they have commenced to drag in the logs that they had left to spoil, 
and to deck up other logs that they can not drag in now. 

In other words, they are ''slicking up" for some reason, and to my mind it looks 
as though it was in contemplation of a ''visitor." 

The Indians tell me that this cleaning up had never been done before, so it looks 
as though so;nething has been ' ' tipped off " to the officials here. This is an additional 
reason whv I should be allowed to point out these things. 

This information should be brought to the attention of Mr. Sells at once so that he 
will know just what the conditions are here. I am writing this at 11 p. ni., at night 
so that it will go on early morning train, and reach you as early as possible. One 
Indian informed ine that' he had been discharged because he had objected to their 
covering up a large number of pieces of 2-inch hemlock plank. 

Be sure to bring this matter to the attention of Commissioner Sells without delay. 
Yours, in haste, 

(Signed) D. F. Tyrrell. 



My Dear I\Ir. Ayer: Herewith find copy of a letter which may be of interest to 
you. The letter has just reached me, and I am sending same to you at my first 
opportunity, that you may have the benefit of its contents. 
Sincerely, yours, 

Cato Sells, Commissioner. 
Hon. E. E. Ayer, 

Care Menominee Mills. 



884 MENOMINEE INDIAN RESERVATION. 

28. Mrs. Marble's Report. 

[Report of Mr. Edward E. Ayer's interview with Mrs. Myrtle W. Marble, field matron, Keshena Indian 
School, Keshena, Wis., regarding her work on the Menominee Re.'^ervation.] 

Mr. Ayer. How long have yoii been in the work and do yon notice any improve- 
ment following your labors? 

Mrs. Marble. Approximately six montlis on this reservation. Much of my time 
has been consumed in getting thoroughly acquainted with the Indians — especially 
the women — acquiring their good will and" confidence and learning of the actual con- 
ditions in the homes. I have found but two women openly hostile toward me on my 
first visit, but these have b^en won over and now welcome me into their homes. One 
of these so far forgot her antagonism as to respond Avithin to come and see me when 
she came to the agency. Both a,re among my very best friends on the reservation. 
The women generally have taken kindly to my suggestions and it is a daily occurrence 
to have them call on me for adAdce or assistance during sickness, trouble, domestic or 
otherwise. 

Mr. Ayer. How many homes do you try to visit? 

Mrs. Marble. About 100 within a radius of S miles of Keshena, the agency, and my 
home. Occasionally I make trips into more remote sections, but not regularly. 

Mr. Ayer. What percentage of these Indians are Pagans? 

Mrs. Marble. Probably 200 or thereabouts in the entire tribe, but less than half of 
these are in my immediate vicinity. While not so ready to understand and profit by 
the instruction given, the Pagans are fully as friendly, welcoming and expressing 
appreciation of v>iiatever kindness shown them. 

Mr. Ay'er. How often do you drive out into the reservation? 

Mrs. Marble. Every day, unless the weather is extremely bad, with the excep- 
tion of Saturdays and court and council days, I try to drive to some home. Some- 
times this is not possible, owing to the fact that I have no team for my exclusive use. 
When no team is available I walk to the homes at and near Keshena, making periodical 
trips to the Menominee hospital. Saturdays and stormy days I devote to keeping up 
a record of my work and answering the demands of the" older people who come every 
alternate Saturday — ration day. 

Mr. Ayer. What do you teach? 

Mrs. Marble. Everything which I flunk ^^ill aid them in making their homes 
better and more healthful. I touch on ventilation, sanitation, disposal of garbage, 
cleaning yards, screening windows and doors, cooking, nursing, and cleanliness of 
person and house. I urge the women to be more systematic in their work — although 
there are many very good housekeepers among the Alenominee women — and encourage 
them in the practice of their native arts — basketry, buckskin and bead work, rug 
making, etc., and endeavor, so far as possible, to find them customers for their finished 
products. In this connection I am contemplating the establishment of a sort of small 
exchange where those who wish can exhibit their handiwork, witli prices displayed, 
and thus procure customers which would not l>e possible if the work were kept at 
their homes until called for. 

Mr. Ayer. What do you do for the children? 

Mrs. Marble. First of all, if health and age permit, I seek to get them into school, 
if they are not already regularly attending. In case parent or child objects, I try 
to overcome their objection by showing the benefits of education. Failing in this, 
the matter is reported to the office at Keshena, with all the facts obtainable, and 
the task of getting the child into school — or hospital, if health requires — is taken 
off my hands. I have found few cases, however, where the parents were imwilling 
to listen to reason, and a friendly feeling exists toward all schools. 

Mr. Ayer. What action do you take when joxi discover contagious or infectious 
diseases? 

Mrs. Marble. In cases of grown persons the matter is reported to the agency physi- 
cian, who calls immediately if not already familiar with the case. Where children 
are concerned, they are induced, if possible, to go at once to the hospital, where ex- 
amination is made for tubercular .symptoms with a view to getting the incipient 
cases into sanatoriums for systematic treatment. Where trachoma and other diseases 
are found, the agency physician handles the case. I have personally conducted a 
class of six tubercular pupils to the sanatorium at Fort Lapwai, Idaho, and the 
reports brought back from that institution make other parents more ready to send 
their children away from this damp climate for treatment. 

Mr. Ayer. What do you do for the cases which remain at home? 

Mrs. Marble. Give all possible instruction and care to prevent the communica- 
tion of the disease to other members of the family. Urge other occupants to stop in- 
discriminate expectoration, the use of suitable sputum receptacles and the burning 



MENOMINEE INDIAN KESERVATION. 885 

of the same, the extermination of the bedlHit;- as one m(>ans of preventino- tlie s])iea(l 
of disease. I have personally applied and distributed considerable qiiantities of 
bedbug exterminator and found ranch satisfaction followed its use. 

Mr. Ayer. So far as you have gone, what do you consider the greatest need m (he 

homes? . ^ , i ■ i 

Mrs. Marble. I would say that the installation of screens on doors and windows, 
if properly used, would accomplish the greatest good to the greatest number. I find 
it impossible, however, to secure this simple improvement, especially among the 
aged and infirm Indians, for the reason that they have no means of purchasing the 
necessary material and are xmable to do the work personally. Outside a little output 
of bead and other handwork these people have no means of earning money, and ^uch 
annuities as they may receive are required for their subsistence. 

I shall suggest to the office, that a special effort be made to issue the necessary lumber 
and wire screen to these people who are unable to buy, when in the judgment of the 
superintendent, physician, or field matron proper use will be made of such materials. 
There are sufficient tribal funds to take care of matters of this kind, and the aged and 
infirm ones are to receive little benefit from this fund unless a portion of it is expended 
for such protection to health as herein indicated. Many of the most needy and de- 
serving ones— especially among the full bloods— will not make their own wants known, 
and too often their necessities remain unsatisfied until those in authority accidentally 
discover conditions and apply relief. 

Mr. Ayer. As a tribe what do these people need? 

Mrs. Marble. To be taught to live together more harmoniously and with less of 
jealousies and fault-finding among themselves. They are, as a people, quite good to 
their children and to the children of others, but slow in helping each other m sickness 
and need. Very often they are willing, but lack leadership, therefore do little. I 
have made especial effort along this line and have found many of the people quite 
ready to assist as soon as they understand what to do. The tribe also needs some good 
wholesome instruction on the marriage relation, which is not held in as high esteem 
as it should be, although from reports conditions are much better than formerly. The 
parents also often permit their children to marry at a very early age, and the s(?ndmg 
of the larger girls away to nonreservation schools seems to be absolutely necessary to 
prevent their marriage before womanhood is reached. 

Mr. Ayer. Wliat do you think of the establishment of a girls' cottage home, where 
everyday housekeeping could be taught in a general way? 

Mrs. Marble. This is an idea I have already proposed to the agent. In the average 
Government or mission school, where girls are taught to work with modern equipment 
in all departments, they complete their education and leave absolutely without 
knowledge of the things actually required in the homes to which they are most likely 
to be called. Of what benefit is it for a girl to know how to operates bread-making 
machine or a steam mangle, when she is confronted at home by the simple bread pan 
and the rusty flatiron? 

I am not disparaging the usual method of education, but I think the average Indian 
girl would be able to do more toward civilizing her people if she were taught to make 
the best possible use of the appliances and furniture at hand in the average home, 
rather than to pursue the higher education when it will not be required later. It is 
impossible to make farmers out of all the Indians; so it is difficult to make finished do- 
mestic science graduates out of all the girls. 



29. Nicholson's Report. 

[Report of Mr. Edward E. Ayer's correspondencs with Mr. A. S. Nicholson, superintendent of the Menom« 
inee Indian Mills, at Neopit, Wis., arranged in the form of questions by Mr. Ayer and answers by Mr- 
Nicholson, dated between the 3d and 15th of December, 1913.] 

Q. You are the manager and agent of the Menominee Indian Reservation, are you 
not?— A. I am superintendent of the Menominee Indian Reservation, in general 
charge of Indians, schools, and the Neopit lumber operation, subject to the instruc- 
tions of the Commissioner of Indian Affairs, Washington, D. C. 

Q. I find a good deal of complaint about your management here, by a portion of 
your charge. In a general way please tell me why these men that are dissatisfied are 
not at work.— A. The complaint on part of certain Indians against my management 
is not a fair one. The sentiment shown is purely manufactured, based on no reason- 
able shadow of substance. It is purely the effort of the dissatisfied and those whom I 
have been compelled to discipUne in my capacity as administrator of law and regula- 
tion, and teacher. It is simply the effort of the few unprincipled faction leaders. 



"886 MEXOMINEE INDIAN EESEKVATION. 

Seizing upon every pretext, twisting everything that will snit their purpose, manufac- 
turing false evidence, preaching waste of Indian money, not borne out by the record. 
Distorting every conceivable kind of thing to g.iin their ends in order to influence and 
poison the minds of their simpler fellow Indian. It is openly charged I spend the 
Indian money as I see fit, while as a matter of fact I can not spend one cent without 
previous authority of the office for which purpose and strong justification must be 
shown and account by sworn voucher in turn for every cent for which I am bonded to 
the Government for $100,000. 

To understand better, the Indians are told on failure or delay in piymentof annuity 
that their money is all gone, that I spent it. As a matter of fact their interest money 
amounts to about $80,000 yearly, which, under the law, the Secretary of the Interior 
alone is authorized to expend for the best interests of the Indiin. The expenses of 
agency and Government schools is about $50,000 per annum. This includes salaries, 
supplies, rations, and clothing, support of hospital and employees, road improvement, 
and such general expenses as repairs, etc. The Indian gets considerable part of this 
in shape of wages. There is $18,000 expended on contract mission school facilities. 
The Secretary is authorized, if he sees fit, to distribute the balance in shape of annuity. 
They received such only for past 6 years out of accumulated interest at rate of $30 per 
head — man, woman, and children. The tribe first logged in 1880. It took them 30 
years to roll up the sum of little over two million dollars. One million dollars is in- 
vested in this town and plant as a combined educational and business proposition. 
When I came here the tribe had in the Menominee log fund June 30, 1910, $1,296,- 
558.82. I took hold October 1, 1910, taking place of former manager. Each year 
since has seen progress. The first year was a stupendous task on part of everyone to 
shut out loss. Remember I had to sell a product manufactured before I took hold, 
costing more than it would bring in market. Notwithstanding this the figures of the 
books of the Treasury Department, Washington, D. C., show this fund to have on date 
of June 30, 1913, reached $1,737,550.67, a net result benefiting the tribe of $440,991.85; 
at this rate their original fund will be diiplicated under 10 years. 

Copies of the official letter showing these figures were placed in the hands of the 
tribe and the perfectly unscrupulous persons interested immediately preached to the 
Indians that figures were not true, that books were doctored, etc. Every appeal to 
passion, prejudice, argument is used in secret to acquire following. It is pointed out 
that whites have all the good jobs and Indians all the poorer ones. They are told 
they are competent to perform the work, etc. In addition to this, certain powerful 
interests outside who have always been opposed to this plant add fuel to the flame 
by misrepresentation to the Indians, having, I am almost certain, Indians here in 
their employ. Again, there is the liquor and traders' interests whom I have to combat, 
punish in first instance, and discountenance Indians going into debt in second case. 
They preach against the agent in charge, saying he is the one respon8il)le for lack of 
money to spend. How powerful the Indian takes this can be easily seen when he 
goes in a store to get a line of credit. The records of the men interested are and have 
been records long before I took charge. In fact, to curb them was one of the reasons 
I was sent out here. Without going back, let me give you a short record of a number 
who talked with you — records in black and white of this office. 

Thomas Prickett. — Part blood; Indian blood, very little. Member of tribe since 
1911. No visible means of support, yet dresses fairly well. Travels to and from town. 
Spends railroad fare, pays hotel bills, and gambles. Was on our pay roll prior to June, 
1911, in capacity of warehouse helper. Has not worked since. This was right after 
he became member of tribe. Was insurance agent and collected; defaulted in making 
payments to company as per their letter on file and records showing pajonent by In- 
dians to him and failure to remit the company causing cancellation and consequent 
loss to the Indian. Record of Indian court shows borrowed money from Indian 
women, promising repayment and failed to do so. Record of Indian tribal councils 
shows attempt at assaults on Indian women. Father of children not through mar- 
riage. Refused to live up to promise of marriage. Has never applied for work since, 
although opportunity always open. 

Frank S. Gauthicr. — Employed as trespass agent at $900 per annum in 1910; per- 
formed no work. Removed. Employed as clerk Keshena Indian Agency, $720 per 
year. Stole liquor from vault placed there as evidence in liquor cases. Drunk many 
times. Warned, took pledge, violated it immediately. Guilty of secretly formulating 
charges, false, against employees whom he disliked because of having to report him. 
Dismissed. Employed as warehouse clerk. Duties, billing supplies and shipping. 
Careless; made many mistakes, which might have proved costly; resigned. Indicted 
by United States grand jury for introduction of liquor on the reserve, and only this 
summer trjdng to induce his own son and another boy just home from school to drink 
intoxicating liquors. Guilty of supplying liquor to other Indians for past years— not 



MENOMINEE INDIAN" RESERVATION. 887 

working. No visible moans of sujiport. Dresses well; always has money. Travels 
much to outside towns, payiii'j: railrdad fare, hotel bills; even tripe to .Washington, 
Milwaukee, Ashlaud, and otlicr places 

MilchcU Oshkenaiiicir. — Tribal resdlutiou in record prohibiting him from ever rep- 
resenting the tribe in any capacity, due to past misdeeds. Employed as a check 
timekeeper on late men and those going out before time at mill. Found not to be on 
post. Many mistakes made in time book of which he had control. Guilty of making 
charges against employees from manufactured evidence known to be false. Does 
not pay ^ebts. Left employ of mills of own accord in February, 1912. lias not 
worked" since. Lives and dresses well. Takes trips; apparently has money. No 
-visible means of support. Known to be addicted to use of liquor. In beastly con- 
dition while on trip to Washington. Has drank liquor since here on reserve with 
other Indians. Perfectly unscrupulous. Secretly stirring up race prejudice at all 
times. Has not applied for work since until last month after a talk with me in reference 
to Indian Office letter to discipline him on account of failure to live up to contract. 

Charles Chickenetj. — Emplo^-cd as forest i;uard, $720 yearly. Dismissed after many 
overlookings on account dninkenness. ila\c letter in my file complimenting me in 
treatment "of him. Eni]il(i\ed now in yard as subforeman shipping. Careless in 
work. Has to be continually watched. 

Simeon Beauprey. — Eiu]>l(iye(l .s720 yearly. Dismissed account habitual drunken- 
ness. Supplying liquor to Indians. Guilty of failure to perform duty assigned. In 
case where he was to actually scale timber being shipped he copies from books of 
purchasers, then spreading story of shortage in scale, charging collusion of operation 
officials. Has not worked" for some months. Evidently has plenty spending money, 
as he goes about same as others. 

Sam Laframbois. — Works fairly well when he finds congenial employment. This is 
usually when gasoline loaders are working. No sense of responsibility. Was in 
charge of loader only short time ago. Same was being moved. He forgot to have the 
guy line removed; result, one man killed instantly, three other lives endangered. 

Joe Longley. — Rarely on our pay rolls. Plenty of work for him. Lives well; no 
visible means of support. Guilty of drunkenness and introduction of liquor on the 
reserve. Took a bark-contract job a short time ago. Bark in woods found to be so 
piled as to have hollow spaces inside. As he was paid by cord, evident intention to 
beat the scaler, which was done. Walks around criticizing everything, but producer 
of nothing himself. Had a job on tie making. Utterly failed to live up to specifica- 
tions. Had to cancel contract — lost money. 

Mose Tucker. — Farmer at Keshena. Takes jobs here in winter. Has logged. 
Loaded out bark on contract. Never yet has he come out even. Exercises no execu- 
tive ability over work. Lets supplies go out of camp without charge to his men. 
Struggles in a way, but likes the easy route. Somewhat inclined to follow prevailing 
sentiment rather than lead. Inclined to get into debt in spite of supervision. Does 
not like to be cautioned. May be considered as trying to better himself . 

Paul Tebeau.— Mixed blood. New member of tribe. Has been foreman of timber 
makers. Supposed to scale and keep time. Failed utterly. Found him taking 
record as furnished by the purchasers of timbers. Employed as foreman (;f Brush 
Burning Co. Careless. Let fire get away fram him, then tried to cover up by spread- 
ing story operation deliberately set fire to pile logs. Nearly a costly venture ft r us. 
Had contract to complete cut of old camp 12, taking small b dies timber left there; 
failed to complete job. Claims could not secure labar. Yet aspires to f ;remanship . 
Indians will not work for him. Responsible for story of was'e at old camp 12 site, 
when as a matter of fact he left himself the stuff he was to take in as per c 'ntract. 
Critic in everything. Tried and fotmd wanting in every test given. 

Tom La Ee??.— Farmer, hotel keeper, jobber. Addicted to use of liquor, gaublos. 
aspires to be a leader. A part blood. Failure as logging contractor. Dees n t w rk 
except at times. Uneducated, talks much. Took logging job last winter; had to be 
carefully watched on supply bill or would run behind; careless as to detail. His 
excesses of past unfit him for hard work. No morals. 

AMph Amour. — Pond foreman. Works fairly well. Aspires to better job. UTnedu- 
cated. Careless on details and property in charge. Addicted to use of liquor. Wastes 
his earnings. Jobber. Never made good, ran far behind, possesses no executive 
ability; can not handle men, no sense of responsibility. Did not think it anything 
out of way that he caused a loss of several hundred dollars, but if saw white man absent 
from post 5 minutes would point it out as stealing time. Has been often away from his 
post minutes and hours. Thinks it all right to put in time and draw pay. 

George J/cCa?/.— Now camp foreman. A logger in a way if continually supervised. 
Cost of his camp greatest on the works. No business head. Have to continually drive 
him. For instance, was ft>rmerly foreman our camp 5. Cost of feeding teams showed 



888 MENOMINEE INDIAN EESERVATION, 

very excessive. Investigation showed men going to t;Avn, liquoring ut), and returning 
with a team and driver. Paid by bag cf oats or bale of hay out of barn. That was 
reas-.n c f high cost. He neither reported liquor trespass nor could he account f r high 
costs although s )mething was wrong. mid see no wrmg in entertaining friends (ir 
visiting teams at expense d oporatim. Let him out and am now trying .trim again, 
althcnigh he lias to be continually watched. 

Frank Keshena. — Had been assistant time clerk. Made mistakes. Used liquor 
considerably. Liked to g:i to town frequently. Disnaissed for iuatteitiou to duties. 
Given a cjiance again as camp property clerk. Duty to check up wag m account. 
Knew a clerk was short, did not rep rt because was an Indian. Pr perly clerk; 
anotlicr Indian reported he was ' f no use at all. Lc; him out. Gave him another 
cha'v as dork and scaler on jobbers, because ladiai jobbers he evideatly allowed 
mere than full scale in instances. Scaled twi'^e, in ba^k jobs when birk shipped out 
actual measure much less than his scale turned in. 1 1 count and iaspecti >n i f p sts 
careless. J. bbers w.mld ]iave been ■ vevpaid only that a d )uble cJieck f aind liis 
shortcomings. Likos easy j .b and go d pay. When err )rs f ,'und by him n )t reported 
to office, but told I.idians, making a s':ory plausible, a-i if fraud was iitended. 

Charles DuQuaine. — Part blood. Indian very little. Carnp clerk. In town every 
evening until late at night. Gambled. ( aiight stealing money and property of 
operation. So far lias not made good. Utterly immoral. Made*^ no effo;t at going 
to work since dismissed from former jol) . Careless at work. Soale not be depended on. 

Charles Frcchftte. — Mixed blood. New member of tribe. Has been camp foreman. 
Cost was highest of operation. .Aspires to superin tendency, althoi gh not fitted: no 
business ability. Cjitic of superioi-s, not always follo'^ing instrtiCii.'.i ;. Fdlower of 
Frank Gauthier. instrument in bis hands in sp eading talk and c ■ -jion. 

Worksfairly well, tl at is, steadily; now foieman of pond crew. ( o- - -ome 

cents per thousand higher than it should be. Has not the knack o) l, , .i:.,, woio^ otit 
of men. 

Ptter La Matte. — f liief of police . Inclined to exercise an tho ity at inopport une times, 
saying he vras so orde: ed . Again fails to call my attention to cases wherein fi iends of • 
his are concerned. Has been logging jobber; failed. I ikes to mingle in town gossip 
too much. Not independent, inclined to follow rather than lead. Likes to liquor up. 
No sense of rsponsibility ; fails to set example to his Indian brothers. One of tliose 
who preach tribe money is being wasted because the interest money is not handed 
over to them. Gambles. Will not do real work. Prefers easy job. 

Louis Kcgiintosh. — Works at odd times — likes to liquor up. Wants easy money. 
Has been given jobs tie making, logging; failed utterly in each. Runs into debt. 
Rarely pays bills — says he is going to some lime . Owes mills . Trades every one where 
he can get a cent credit. Plenty of work but does not like the steady g .ind of real 
work. Drives round considerably. 

Reginald Oshkosh. — Was employment agent, $900. Performed no work. Dismissed. 
Liked to liquor up. For a long period stirred up trouble in order to get easy job and 
good pay when he could have time to look after tribal interest, as he put it. Finally 
made up his mind to go to work; is now foreman of small crew. Does not think it 
wrong to take time off. Is progressing and all in all is better leader for Indian good 
than any of other so-called leaders. Is hereditary chief of tribe. As such thinks he 
should be superintendent. In fact has a scheme whereby certain leaders should be 
made superintendent in charge, superintendent of mill, logging superintendent, etc., 
and then white men hired to do the work. 

Louis Luframbois. — Part blcod. New member of tribe. Em.plcyed as pond man. 
Wanted to be fireman in mill. Weighs 2-50 pounds. When it was pointed out that 
firemen have to clean boilers and it was a physical impossibility for him to do this 
work, he thought the mill superintendent n ight do this. Sulky; ccn plains he should 
have better job. Several chances given him to show ca]i;il.ilii\ . but did not like the 
steady grind. Claim.s able to make $3 to $3.50 a day < utsidc, Imt stays here at $2 a 
day. Owes many bills, poor pay. Continually in mixup in t(;wns; social relatirns. 
Says is citizen; advises Indians to resist discipline. Only just before your arrival 
here was one of party arrested corr ing from town chunk as a k rd. He had the money — 
admitted buying liquor, but refused to tell who supplied sane. Busy always in 
fomenting trouble. Not inclined to steady emplcyment. Criticises but d( es not 
realize the value (;f applied industry. Wastes his earnings. Respcnsible in part 
for stories to Indians — books of mills doctored and that funds are spent and wasted. 

Joe Laiv. — Does not W( rk. No visible ireans cf supp( rt. Gambling seemirgly his 
only industry; continually driving around. Lately seens to take some interest as 
member of Indian Fair Association. 

These are only a few that I quote. I could go on with record of 60 oy more. In 
most part misled and misinformed but willing to believe in hopes of a change whereby 



MENOMINEE INDIAN RESEKVATION. 889 

they Would nut be continually prodded to start strai^hl. All would like a gctd job 
at good pay— easy work, etc., but none display intentions by industry to earn promo- 
tion. They have no sense of responsibilily. Do not t'ce wrong on their part, bul find 
it readily on part of others. I have found Indians taking hay and feed from barns. 
They did not call it stealing on their ptvrt; sort of figured they had a right to it. 1 
have placed Indians in charge of property and they could see no reason in having to 
account for it. Some one took it. 

I have had Indian clerks deliberately make mistakes; for instance, in supplies 
charged white employee one price for supplies and Indians another, and then run 
around shouting discrimination against the Indian, not knowing their purpose had 
been discovered and proper correction made. 1 have had Indians in semiexecutive 
or clerical capacity and when legitimate error found fail to report same, but instead 
spread rumor that things aie wrong and point these instances as examiple. Many and 
many of incidents such as this have I investigated and coriected and of the rrany 
investigations on part of inspectors of Indian Service and others. The time has yet 
to con e in which son;ething wrong is to be found. In fact, the position of the manage- 
ment here has been strengthened in each and every case. 

Every Indian who wants work can get it. No Indian can be produced who can say 
that he applied to management here and could not get a job and at once. It may not 
be the ideal one he desires, but it is one which I think measures up to his capabilities 
or one in which I can test him for his fitness. No man is barred, not even those dis- 
missed for cause. In a case like tnis I simply start all over with the person on a new 
line to make something out of him and this not once, but after failure upon failure. 
I have not always held the employer's point of view in mind, but ever before me ia 
my semidual capacity of teacher. I do not aim to say that my management is per- 
fect, or that this plant is an ideal business corporation.' The law makes this an insti- 
tution for industrial development of the Indian, and as well a business proi^osition 
in which they are expected to benefit financially. No man need suffer for work, nor 
do they. True they may say so — think they are entitled to better jobs, higher jjay, 
etc., which is their cry, but is only subterfuge. There is waste here. Some waste 
of energy, some might put it that "could be used better in other directions, such as 
business manaoement. The Indian knows nothing of efficiency of organization. Here 
we have a business institution and school combined at least one-third to one-half of 
its organization children and its efficiency crippled to that extent, and yet, all things 
considered, it is a question of its not being a good investment. Could you have come 
here witl\ me three years ago last June and saw the condition of management, organiza- 
tion, financial condition, and internal relations of plant to town and its home life, then 
I feel your visit here in 1913 would have witnessed a great change for the better. More 
and many more Indians learning the value of steady employment. Homes that 
were hastily constructed one-room shacks, now the neatly constructed modern four, 
five and six room cottages. 

Conditions in home life are so completely altered that they could not be recognized. 
Dusky in features but white in fashions, living, and conduct in a fair way. The throw- 
ing of Indians into contact, socially and industrially, has worked a wonderful change, 
but it's only in its infancy. It costs something, it may be said, but is it not money 
well spent? I doubt if t.iere is any tribe in America wherein greater change has 
taken place than here in the short period of existence of this plant. Morally, of 
course, conditions are bad. Waste or imperfect organization, etc., exist, but day to 
day sees a bettering. Some tightening of the machine; some improvement in the 
efficiency of the operation. The greater part of the work has been done. What 
remains now is to perfect or pick up the loose threads. Waste has been spoken of; 
the great pity of it all is that this is true, not as the ringleaders of the present movement 
would have, but waste in shape of idle Indians, who are led to believe through agita- 
tion that the millenium is at hand. New men are to take hold. Good jobs are to be 
parceled out to everyone; waste not only in wages lost, caused by this unrest, but 
waste of our efforts to get them to labor and after getting started the lessons lost by 
having to start all over again. 

The time records of these mills show in all these periods the loss of at least 100 In- 
dians, who disappear from the pay rolls waiting for the great change preached, which 
never comes. Many investigations have been held. It is time something happened 
once and for all. Either charges are or are not true. The way should not be left 
open for the future. If things are fairly well, no matter who is on the job, the oflice 
should discipline those who are a real hindrance to the progress of the Indian toward 
industrial self-develpoment. Summed up, these men are not at work because they 
will not work, and those who are working hold out their hands for a work to which they 
are in no manner fitted. I can comb over the employees of this plant and not find one 

35601— PT 8—14 12 



890 MEXOMINEE INDIAN RESERVATION. 

white occupying; a place not absolutely necessary, while it is a matter of record that 
this year I more than once strained the organization by depending too much on the 
Indian, in \ iew of the labor scarcity. 

Q. Wliat is the past experience of this plant on logging contracts to Indians? — A. 
This plant's experience on logging contracts to Indians has not been at all satis- 
factory. The law prohibits the employment of white labor; yet the Indian jobber 
seeks it at once. He likes to drive round, put on a foreman, timekeeper, clerk, in- 
stead of handling work himself. Careless of supplies, overlooking the fact it is part 
of his cost. Our contracts are invariably handed out on a basis of |6 per 1,000. We 
do work for $4.75 per 1,000. Usually jobs are comparatively easy, yet through lack 
of business management the Indian fails. 

The records of this office back this up to the extent of thousands of dollars claims 
filed against the tribe from old logging days. What success was found in contractor 
breaking even or a little better was due to the fact that I, personally, supervised 
their work and accounts, guaranteed them labor, loaned them supplies and outfit. 
In fact, financed them. Being notoriously careless in payment of obligations, labor 
or otherwise, it was necessary for me in each and every instance to handle the work 
for them. The records here vouch for this. 

Q. They also seem to think that they at least ought to be made bosses of the camps 
in the woods. From your experience on the reservation the last three years, do you 
think this is practical? — A. This question is answered in part by my answer to Ques- 
tion No. 2. It is not practical, but can be experimented with. We have now Camp 
15, white foreman; Camp 16, Indian foreman; Camp 17, Indian foreman; Camp 18, 
Indian foreman. Over these are the logging superintendent, Mr. Brigham, assisted 
by Mr. Peterson, woods foreman, who lay out work, plan roads, and continually super- 
vise in order to hold cost within reason. They log haphazardly; not one ever had 
experience in railroad logging; could not even attempt to build a spur. We are en- 
deavoring to teach them, but they can never attain the ]:)roficiency of white men, 
because lacking initiative, being too far set in lines of old days. Not a single one 
could be counted on alone to fill the demand of the mill daily as its consumption 
demanded. We usually man our cam{)s on basis of three white foremen to two 
Indians, after things get going the logging boss taking personal charge of the two 
Indian camps. 

Q. How many thousand feet of miscuts have been sawed in the past year? — A. 
Miscuts sold in business year ending September 30, 1913, 241,140 feet; brought aver- 
age of $10.05 per 1,000.- total, $2,425.46. 

Miscuts in yard end of business, 1913, 251,500 feet. All sold; not yet shipped out; 
at advance of $1.50 and $2 per 1,000 over price of 1912. These are some of piles you 
looked at. Miscuts are principally hardwoods, percentage is about five-eighths of 1 
per cent, which is reasonable, I think. 

Q. How much wastage was there on your inventory or in other words, shortage?— 
A. 415,159 feet shortage, as follows: 

Feet. 

Our inventory Oct. 1, 1913 38, 555, 148 

Manufactured during the year 31, 840, 896 

70,396,044 

vSold and shipped 40, 126, 035 

Used in construction 1, 528, 870 

Shortage due to breakage, handling, and perhaps estimate of lumber in 
pile, good part of which is piled, all widths and lengths 415, 159 

1 70, 396 044 

Q. What is your system of selling and collecting? Please answer fully, describing 
methods of selling the square timber, prices, etc. — A. Under the act of 1908 products 
of the mill must be sold to highest bidder for cash. Sales regulations provide adver- 
tisement of the products to be sold. Sales held weekly. Proposals to purcliase may 
be made in form of letter stating species, quantity, grade, etc., desired, with price 
offered. This may be accepted or rejected by board of sales, myself and sales agent 
acting as such, if the market values are or are not as we know them. Sales over 
$10,000 referred to the United States Indian Office for approval. Sales may be made 
between periods if price offered is not less than the best previous bid or in good market 
value for the product. Payment must be made before purchased product leaves the 

1 Handled during year. 



MENOMINEE INDIAN RESERVATION. 891 

mills. Depi sit may bo oxarted if doomed nocossary 1o ])rot,cct mill at timo bid is 
accepted. I iudi sc cdjiy i;l' tlic sales rcmiialioiis licr.'wilh. Tlie selling of board 
timber is conducted sh'ici!\ cii llie lines ;(.lin\-e. Ad\( i-l isemont is made of (luantity 
to be offered. ('irru!a.i- leiier sent in Hu s'> in lliis trade known to be interested, with 
advice sale will close on a certain day; bids then canvassed and award made after 
approval by the United States Indian Office if $10,000 or over. Specifications for 
sales: Write bidder to bid for timber made f. o. b. cars by na; hewed in woods and 
loaded by the bidder and made woods and loaded on car liy ns. The price accepted 
is that deemed best for the operation. The last large sale of wau«y pine board timber 
was made at a pric.^ of $70 per thousand feet, purchasers to make and load on cars 
nimself. A small sale was made this year at $75, but as market for this class of stuff 
is dead this year no large sale could be effected. Rock elm timbers — process of sale 
same as above. Prices offered this year, 50 cents per cul)ic foot, buyer to make and 
load on cars himself. Prior to this year this class of stuff brought 42 to 47 cents per 
cubic foot. 

Q. What is your idea about helping the trustworthy, industrious Indians to become 
farmers and give them say $700 or $800 out of their individual share of the money in 
Washington to the tribe's credit? — A. I firmly believe that the industrial advancement 
of the Indian demands that he be given financial assistance to better his condition. 
He can only learn the value and uses of money by the actual handling of it himself. 
Trustworthy and industrious Indians should be assisted by the placing to their indi- 
vidual credit a certain sum of money which they could invest to improve business, 
farms, and home conditions. While it is true at present that the farmer here may be 
helped to the extent of $600 by a loan from the tribal funds which he must repay in 
four years, he acquires no practical education in the use of this money because he 
does not have the actual disbursement of same. Every Indian should have the oppor- 
tunity, if his stage of competency warranted it, to have at his command under super- 
vision $600 in cash with which he might make the effort, whether that be in purchase 
of tools and equipment, stock, building of house, barn, etc. As it is now the Ijidian 
is struggling to farm 5 to 60 acres, as the case may be, often with no team; agricultural 
implements the simplest, such as plow and cultivator. No proj^er buildings for hous- 
ing the produce he raised and no means to add to his stock or equipment. \s a result, 
even the result of his meager effort in scratching the soil, no matter how bountiful, 
are often wasted through lack of means to gather and store them, while if in possession 
of the simpler proper equipment, fair buildings, a larger and richer harvest could be 
made with the Indian that much nearer the self-supporting stage. Even the most 
advanced Indian would have a reserve fund to fall back on to purchase seed in the 
event of crop failure or to tide him over unforeseen emergency, thus preventing him 
from hanging the millstone of debt around his neck (which it will take $200 for one 
Indian to overcome). 

Q. There seems to be a great desire of the tribe to have a portion of this money. 
If the Government should give every Indian on the reservation $500 of their money, 
in the usual way, v^-hat method do you suggest of conserving this amount, taking care 
of that portion of it aiven to minors and men addicted to the use of liquor, etc.? — A. 
By all means give the Indian, or place to his credit in bank, $600 of his money, to be 
disbursed under the individual Indian money to plan. It is a very simple matter to 
conserve this. The Indians could be divided into classes. Those requiring no super- 
vision, those requiring partial supervision, and those who would waste their resources. 
Checks could be made against waste very easily. For instance, Mr. Indian has $600 
to his credit; he comes to the office and applies for $300 to purchase plow, cultivator, 
wagon, harness, cows, or any articles within reason. If a competent Indian he could 
submit bills showing purchase and produce same ; if wisely sj^ent he could be congratu- 
lated. He could be advised of best market and best articles; if necessary he could be 
accompanied by an advisor. If the second class Indian desired, say, $100, he could 
be allowed to purchase under office super\'isor. As he demonstrated his ability to 
handle his money he could be advanced. 

While for the Indian who would waste or misuse, the needed articles could be pur- 
chased for him and an endeavor to advance him could be made by an apprenticeship 
or record taken of him as to his industrial earning capacity. In all these cases ad- 
vances or reductions could be made as the case demanned. The individual Indian 
money regulations cover these cases only that the strings should be loosened by allow- 
ing the agency office more leeway in granting of allowances without reference for 
approval to Washington. 

Q. What do you think of the idea of selecting four or six of the highest grade young 
men on the reservation and sending them to Wisconsin Agricultural College at Madi- 
son to take a full course in forestry and agriculture, that they may come back to the 
reservation and teach all those farmers that there are, or will be, the proper methods 



892 MENOMINEE INDIAN EESERVATION. 

of farming, raising and care of stock, etc.? — A. The idea of selecting a certain nuni- 
ber of the best young men of the reservation and sending them to Madison is a thor- 
oughly practical one and of far reaching effect in helping settle the Indian problem. 
Education is the way out. The burden of complaint of the product of the higher 
Indian schools is that there is no opportunity for a higher practical education. First 
principles are instilled, but of scientific knowledge that could be put to expert use 
there is no way out. Just enough is gone into to give the Indian a desire for a fin- 
ished education. An agricultural and forest course for the -Menominee Indians could 
not but result in untold returns for this Indian. Natural resources are in the soil 
and in the timber. It would be a practical direct method multiplying Indian effort 
untold fold. The harvest of such an idea put into effect can not be told. 

Q. \^Tiat is your idea about the advisability of having the entire reservation thor- 
oughly examined, and timber upon it estimated, showing the quality of land also, in 
each station? — A. Sound business sense demands that" the resources of any affair 
should be as accurately determined as is possible. No working plan is sound unless 
so done. I am on record in this office advocating and recommending (see my letter 
of office dated May 19 and April 5, 1911). It should be a cruise by practical men 
such as the modern lumberman employees. There are 5,760 forty-acrfe tracts on the 
reserve. Good cruisers should make 16 forties a day here. Cruise should embrace 
topography, character of soil, and natural resources of the reserve. A working plan 
was laid out for here but for some reason was overruled. I have the opinion of expert 
men that this procedure should be undertaken at once. The information would be 
of untold worth to our business, to the agency and to the Indian. 

Q. I understand that the snow went off earlier than usual this last spring. Is that 
true? If so, was it any hindrance towards cleaning up the logs cut during the season? 
Have there been any efforts made during the summer and fall to skid such log^, get- 
ting them ready to haul the coming winter? Are there any logs left, if so what quality 
and amount — that has been cut during the seasons of the winters of 1910, 1911, and 
1912? Is it possible to get any that may be left to the mill? Was there any effort 
made to keep those that were left from being wormed by the worms? — A. Our records 
here show heavy thaw which did away with all sleigh" haul the fir^t week of March, 
1913. Prior to this there were thaws which made it necessary to cart snow for bad 
places. Days were frequent in which only part of a day could be used. The feeze 
during the night would be overcome diu-ing the day by the sun. This necessarily 
caused a hindrance to perfect clean up of winter's work. Agiain it left logs in pot 
holes, covered by snow on the low moist places where they could not be reached. 

In spring pine logs were peeled and skidded. I think it is a fact that a bare half 
dozen logs escaped these efforts ti protect them. Again it must be remembered that 
these logs are in the midst of a live operation. Such logs as left after sleigh haul would 
be taken if in reach of summer's 1' gging operations and if not possible for this would be 
taken in the first of the coming ^Yinter, as winter 1 gf-^ing will start in where last winter's 
operation left off. I hand you a map showing in legends the various camps worked from 
1910 to date. Here are marked the approximate spots in O where logs lay that com- 
mittee showed your men. You will notice in each case that same are on the very edge 
of each seasm's work. This stuff all shows in territory of camp 15 low cutting. It 
must be also remembered here that camp 15 was built in 1912; its work was planned 
to extend over the east half of section 16 to and including 15 and the south half of sec- 
tion 10; when well under way instructions were received on January 1 from United 
States Indian Office that pending a suit to be entered in United States Supreme Court 
during this summer to decide ownership of land, no timber was to be cut. Tliis caused 
a complete change in work of tliis camp. Its work had to be shifted in other directions. 
It must be remembered that the mill eats up a certain quantity of logs every day. 

Hauling in heavy snow over railroad is t_;ugh work. Shortage in labor which was a 
fact during the last year and a half means every available man to be placed where tim- 
ber can be got, to keep the mill supplied. The emergencies at the particular moments 
must be held always in mind. Cost of taking out individual logs, deterioration if any, 
if permitted to lay for a period, cost of peeling, skidding up tj prevent deterioration, 
all must be weighed and counted for the best interest of the operation. There are 
some It-gs left in edges of last winter's work that will naturally be taken tliis coming 
winter, that could not be reached in summer logging except at too great a cost. 

This winter's work will care for such legs as were Adewed by your men, which are 
on edges of cuttings of past works. Camps 15, 17, and 18 mil take the stuff. The year 

1910 witnessed a great fire here, roughly designated in map . Portions of this 

territory had been frequently burned over prior to this year. The operation commenc- 
ing winter of 1910-11 was to put camps in and save what valuable stuff we could. 
In the meantime we had to go to Wasliington for legislature to build railroad, which 
was obtained finally and June 14, 1911, saw the first logs going to the mill. There 
was considerable burned in 1910 and year previous. Such as would pay was taken. 



MENOMINEE INDIAN RESEEVATION. 893 

It must be remembered in 1910-11 and up to October, 1912, prices on hemlock was 
such that it was difficult to realize bare cost of manufacture ranging from S5.50 to $7 
on No. 3 and other grades correspondingly to after October 1, 1910, to §13 per M. 
Market is now failing. Such hemlock as would not pay was left. It was not a great 
amount. It is at the south and west edges of cutting of old camp 12 and s-outh edge 
of old camp 11. The good stuff here will come in this winter. "We took some in 1911 
and 1912. I am inclosing you scale of logs found in woods by our men, with notes of 
their actual conditions. These are the logs which were pointed out to justify the 
charge of "great waste." They are all there are. A comparison of descriptions of 
land on which they are will show them in the very heart of the present works. Some 
b.a- e been decked as witnessed by your men, and note should l)e made here that this 
work was a legitimate part of the work, not an effort to hide anything, as was endeav- 
ored to be claimed, because it was not known that any one was to look at them, or 
that any "much ado"' was being made about them. In fact, we knew nothing of the 
prowling around of any one to discover so-called waste. Hewn square timbers, two 
or three^ were pointed out as waste left. I would have you know that our books show 
every timber paid for whether taken or not, and even "these left will be taken in by 
us, because abandoned by piirchasers, with added profits to us. 

Again, that any damage resultant from square timber cutting was charged and paid 
for, and our books show the money received and deposited. Again, it vras pointed 
out that the pine fallen was all cut by square-timber men: this was not so: our own 
camp 15 cut the erreater part of pine, as report shows. It couldn't be taken on account 
of condition of the ground, due to early break up of winter and in part shift of camp's 
scene of woi'k. 

Q. "While there I told all the Indians I came in contact with what I was going to 
recommend. You may tell them that I v«hall also recommend that each member of 
the tribe be paid the sum of $500 out of their tribal funds in "Washington, but I shall 
fi'ame this with the original idea of advancing money to men who will clean up the 
land and go to farming. Those men should have an additional sum of S300 to .?400, 
to be ^barged to their indi^ddual share of the funds remaining in "Washington. "\Miat 
is your opinion on this? — A. The advancement of money to Indians from the tribal 
funds for the purpose of encouragement along agricultural lines would be a splendid 
thing. Legislation may be necessarv; if so, it should be obtained at once. Some- 
thing should be done to put the Indian on an independent basis. I might as well 
bring my boy up to 42 years of age, not permit him to handle a cent, buy all his ne- 
cessities, do all his business for him, not let him know anything of the responsibilities 
of life, and then turn him loose. Think you that he would make the average citizen, 
or that he could then go on competent to perform his share in our world's work? 

Each Indian is entitled to a certain share of the funds on deposit in "Washington. 
In addition, he has practically a source of perpetual income here. If he is ever to 
handle same a start should be made. This start taken with men who in a limited 
way show desire to reach higher heights should obtain results. 

Q. In the contracts made for lumber and pine in the tree, were those contracts 
left strictly in conformity to tlie rules of the department for selling lumber at the 
mill? — A. Contracts for waney board pine timber and rock elm timber have always 
been made in strict conformity with rule of the department for selling. Note in 
proposal sales was sent to every one known to be interested in this line of product. 
A weekly ad is carried in lumber-trade journals and a large bimonthly ad that 
sale of products are held here. Bids were received from the known purchasers of 
this class of product. They were opened on a selected day and award was made to 
the highest bidders, as our records will show. 

Q. '\Yill you be kind enough to give me a little synopsis of your method of taking 
care of the old, sick, and young Indians who can do nothing for themselves on the 
reservation; is there money appropriated for that, etc.? — A. Any Indian, old, sick, 
or disabled in such manner as to be unable to pro\'ide for him or her self on report to 
to the agency office, and if possessing no immediate relatives or friends who will 
look out for them, can be put on ration roll and receive two weeks' rations of flour 
and pork enough for subsistance for this period, and even with relatives or friends 
this allowance can be made. Under special authority clothing can be issued for 
their comfort as well as other necessities. Two physicians are continually on the 
rounds, as well as an Indian policemen, three farmers (white), each haiang a district 
of his own, and a field matron. All required to note and report and aid in deserving 
cases. 

In cases w^liere there are no friends or relatives, we have a hospital which takes 
care of cases of this kind. In cases of children, orphans, they are placed in schools 
Government or mission, as is desired, where they receive clothing, food, and quarters 
etc. Those with disease are sent to hospital for care and tTeat:ne:rt. In case o 



894 MENOMINEE INDIAN EESERVATION. 

first steps of tuberculosis, if consent can be secured, they are sent away to recently 
established sanitariums for special care and treatment. 

Notwithstanding all this, it would be better perhaps if this class of Indian had 
set aside his share of his own funds and be permitted to live out their lives in their 
own way, in their own homes. Naturally, on removal to hospital in many cases 
they feel the separation and absence from their own settlement and homes; of course 
there are cases where separation is justifiable and really should be enforced, in pro- 
tection to the lives of others with whom they might come in contact. In many cases 
we find persons of this helpless class, putting up with poor food, poor clothing, etc., 
and loss of many comforts they could obtain, if they had money of their own to prevent 
separation from friends and home. 

Q. We understood, while at Neopit, that the season broke up very early last spring. 
How much earlier than usual and what effect did that have on temporarily leaving 
logs in the woods? How many feet of logs have you cut since vou took possession of 
the mill? Give me this by seasons, please, 1910-11, 1911-12, and 1912-13.— A. Our 
winter logging season of 1912 and 1913 broke at least two to three weeks earlier than 
usual; thaws de\-eloped in the latter part of February that made sledding hard, and 
on or about March 4 a heavy thaw set in that carried the snow away and softened 
ice in swamp and creek; that made work dangerous and impossible. We can usually 
count on work for clean-up, etc., up to latter part of March, even at times after April 1. 
A let-up on sleigh haul of two weeks, a vreek, even several days, in case such as this, 
can result in leaving of logs in woods, in places preventing skidding out and in others 
preventing sleigh haul. Start of winter has something to do also with conditions at 
end of winter. If the hard frosts come early enough to well freeze the ground before 
snow falls, naturally thaws at end of winter do not have much effect, as ground remains 
frozen longer. Last fall we had a freeze up, then a spell of soft weather, opening up 
things again, and in December the snow came, covering the ground before it had a good 
chance to freeze. Naturally this spring the melting snows had much less distance 
to work down to open up ground, and in moist, swampy places thaws practically 
opened them up at once. 

I am inclosing herewith statement of logs cut. by species and camps, during seasons 
of 1910--11, 1911-12, and 1912-13. 

Q. Giveme your version of the trouble that has arisen on the reservation. How 
many Indians have been interested, and what have been the characters of those 
that have been fomenting this trouble, and has there been, to your personal knowl- 
edge, any white influence brought to bear? — A. Your question is in a way a hard one 
to answer. There is, and always will be, trouble with a certain class, because in a way 
there is no discipline that can be administered while the office permits itself to be 
deluged with complaints of any nature, investigates them, and then fails to rebuke 
severally those responsible. If, after due investigation, it is found that there are no 
reasonable grounds for complaint, as long as any half dozen dissatisfied and un- 
scrupulous are permitted to continually roam around, making capital out of anything 
they can pick up, make up, or distort into something that will answer their purpose, 
no trouble can be had in acquiring a following. 

The trouble of to-day, the culmination of a series of complaints, started about April 
or May, 1912. It was engineered ])y Oshkenaniew, Prickett, McCall, Tucker, La Bell, 
Gauthier, and several others. Prickett has always been restless, but amounted to 
nothing until joined by Oshkenaniew. The others simply trail along or are handy tools, 
as the case may be. Since the doing awav of the old business committee of 15, at time 
of visit of Senate committee in 1909 or thereabouts, for crookedness in tribal matters, 
those members always longed for a return to the old days of easy money, etc. 

My attention was directed first in this connection "to a complaint' handed in by 
them while on a trip to Washington in 1912, as above mentioned. Again through the 
secret influence of outsiders being exerted in here against the operation and the super- 
intendent, myself. 

But to start from the commencement. These people could not have acquired any 
influence at all had it not happened that in 1912 it was found that owing to their 
interest, money ha^dng l»een all used up in payment of annuities for the several 
years previous and for the legitimate expense of the agency, schools, etc., thatlhere 
was no available surplus that could be set aside to make a "payment. Oshkenaniew, 
Prickett, and his kind immediately set up a cry that money was all wasted and spent 
and were aided in this by interests outside opposed to the plant and the administra- 
tion of Indian affairs here. It was proposed to send a delegation to Washington, D. C, 
to look after their interests. They went, aided by a substantial collection furnished 
from outside. I know personally traders in town who contributed, because they told 
me so later. Prior to this I had found that the Menominee Indian mills had used 
to pay labor a sum of approximately $125,000 of interest money, wliich I claimed 



MENOMINEE INDIAN RESERVATION. 895 

should have been taken I'rum the fund direct itself, as authorized by law, and that 
tills mouev should be replaced to interest credit. This was done prior to start of the 
committee to Washington, D. C, where, of course, they accomplished nothing, but 
did claim on their return that they had got back a large sum of money and that i)ayiuent 
would be made, etc. This gave them a footing; ever since they liave added to it. 
\Yithout their ever having examined the books of this mill, they charge fraud and 
waste. In spite of official letters from the office and from Representatiye in Congress 
check up the office, they interpret to the other Indians wrongfully, saying it is proof, 

The Indians say, or are told, that Mr. Hollister, of Oshkosh, who has passed through 
this reservation a number of times, has told them that they are not getting half enough 
for their lumber. He is quoted as saying that the big pine being sold is the cream 
and should bring $125 to $150 per M. and other species corresponding, that the cut- 
ting of this timber is robbing the yard, etc. 

One of the many tilings I instituted on my arrival here was the prohibitions, as set 
forth in regulations, prohibiting anvone trading with Indians to come on reservation 
while a pavment was going on. Tliey had been in the habit of appearing at agency, 
and when check was about to be handed over to Indian take same and give the Indian 
so much credit on old account or new. Naturally, they did not like this. 

Another thing was the so-called traders' claim, referred to me for investigatit)n and 
approval. I recommended against its pavment, and this was sustained on appeal 
to the liighest authoritv, the^Indian Office, office of the Secretary of the Interior, 
and even the Comptroller of the Treasury. They even petitioned Congress for legis- 
lation to pay; but it was denied, although later they did get through a bill permitting 
the matter to be referred to the Court of Claims for review, where it now is. 

These claims consist of supplies furnished to Indians for years back. It was claimed 
but I rould not find Indians who could say they ever received same, or if they did, 
double and triple prices were charged, and in no case could payment be found as a 
credit , although the Indian claimed he handed his checks over to them . Included also 
were the claims of the logging Contractors on the blown down district jobs in 1905 
to 1908. You know some oi its history. Contracts were given to Indians; they were 
permitted to take in wliite partners. In cases, double scales of timber cut were made, 
in others they failed to live up to contract at all; the easiest work was done; green tim- 
ber cut. Tlie wliite man supplying charged up all kinds of supplies, expenses, etc. 
The l!:dians got notliing. It all resulted in the Government sending in special men, 
who went over all the works, checked up accounts, and Avithheld payment of enough 
money to pav for violation of contract, etc. These men appealed to every source- 
brought suit.' which was thrown out of court, etc. Heading tlus crowd was one man 
named Cook, notorious in tliis county for timber operators. His headquarters is 
in Oc( >nto. -Mr. Tvrrell is Ills personal attorney. Mr. Ballinger, the Washington Rep- 
resentative, selected at that time. I suppose, because of supposed influence with 
his uncle, who was Secretary; but the same Secretary has sent me on the job out here. 

A year ago a hearing was held in Shawano to take testimony of Indians who were 
partners. Ballinger and Tvrr.ell were both there, representing Cook. Strange to 
relate— and I have it on prettv good source— Cook had bought up the greater number 
of claims. Manv Indian i>artners hitherto opposed were found in favor, because it 
was promised to' them a sl.are if any money was recovered. These attorneys also 
learned that the Menominees had certain interests at stake, such as the disputed 

school and swamp lands, claimed by the — , and at once became hungry f(jr large 

fees as attorneys to represent the Indians. Mr. Ballinger approached me while m 
Washington, so I know his interest. I have simply opposed them, and m the mean- 
time have been instrumental in having suit brought in the United States Supreme 
Court for test and am now waiting decision. 

This brings in another element. The enabling act for the State of Wisconsin set 
aside section 16 of the public survey and all swamp land, to be used for educational 
purposes by the State, unless those lands were otherwise set aside. The Menominee 
Reserve was created before the State. Attempt was made to extinguish the Indian 
title by treaty, which was never accomplished. By error in giving patents for other 
lands patents\vere also issued to State for certain lands within this reserve. Lumber- 
men discovered thev were valuable for timber and bought them from the State. 

Thev cut on some and were stopped later in cutting on any. They have sat down, 
awaiting the time if nothing was done, whereby these lands would fall into their 
hands. Naturally any agent who is looking after Indians ' interest— took steps to pro- 
tect the Indian 's'rights, would be disliked. It seemed the practice of old days that the 
white got all he wanted in here, and no reason could be seen why this policy should 
not continue. I reckon I changed it somewhat after efforts to get decision or actions 
to determine ownership, which resulted in nothing. I started camp 15 on section 16, 



896 MENOMINEE INDIAN RESERVATION. 

and prepared to cut, well knowing that these lumber interests outside would be 
compelled to go into court to stop it or yield up their claim. Thev went into court, 
where I think they lost. At any rate, I have this to go on: There is on the calendar of 
the supreme court of this State a test case which has been on the docket for years, 
but which is continued along each session, because these people feel they would lose 
even in their own court. Naturally, I have the antagonism of these persons concerned 
on the outside, which is considerable. 

Again, there are the Stockbridge land cases. Patents in fee were given to these 
Indians in 1910 under this agency. Prior to the deliverv of patents, certain lumber 
interests in country a^-ound here went to the Indians and for $100 or $200, usually 
handed out in silver dollars, secured a deed and promises to turn over patents when 
received. You can imagine what this sum of money meant to an Indian who had been 
accustomed from childhood up to receive $2.50 from the Government per vear as his 
interest money. 

Enough that they sold for a song, or in cases were so drunk they did not know. I 
held these sales prior to date of approval of patents illegal. The department so held, 
I was instructed to bring suit to set deeds aside, which I have done and this month 
case comes off in United States district court, Milwaukee. This compelled those lum- 
bermen and land grabbers who took in forties .|5,000 worth of timber and then not com- 
pletely cut over to run around to secure new deeds. In some cases it was arrived at by 
questionable methods, but in most the Indian received added compensation. Na- 
turally all this did not make any very good friends for the superintendent here . These 
are the principal cases, outside the fact that a sincere and succe.ssf ul attempt is made 
to make this mill pay, which some interests think should not be done, and which 
nothing has yet been shown me could not have been done from the start. I could 
name endless little things that all tried to make the present superintendent a very un- 
desirable person to be on the job here. 

The head and center of the present kick are a certain half d; zen. Prickett is now 
the n iminal head, Oshkenaniew has been the chief brains, but within the last few 
days he has dropped away. Backing these men up are L. LaFrambo^s, Joe L-ngley, 
F. S. Gauthier, Alex Kaquat :sh. Tom La Bell, McCall, Paul Tebaue, who are the real 
lieads. Their following numbers perhaps 60, p-ssibly 75. All of these attracted 
because of resentment t3 the agent fnr punishment of offenses against law and order, 
whether it is liquor, trespass or enforcement of payment of just debt: with exception 
of Gauthier and perhaps McCall the ring leaders are all late comers in the tribe. As 
one Indian puts it, thrse who tiok their interest and money out of tribe in 1849 resided 
away where they made a failure, learned the tribe had gotten wealthy, came back now 
for reenr ailment, tell how successful they were away, want land and funds divided 
up again to be in their way again successful, so that they will again have to come back 
and live on us. They are all part bloods nearly white, the undesirables of the reserve, 
always on the lookout f- r easy money to be made without work and evidently success- 
ful. 

In my years here, I have felt after each putting forth my efforts for the protection 
of the Indian propertv or interests, the added influence" of the outsiders effected. 
While not actually having the facts in my possession about money being paid to cer- 
tain ones here — I know it. I know of conferences in Shawano and here, which Mr. 
Tyrrell has attended. It is cnncident with Mr. HoUister's appearance on the scene 
on or about the same I'me. I know that these Indians have hacl the counsel of cer- 
tain attorneys in Shawano, who are the att rneys of the certain lumbermen effected. 
For instance, only t )-day Mr. Tyrrell visited Shawano, met a Mr. Derosier, a part blood 
^.lenominee (not member) and received from him $200, for wliich Tyrrell in turn gave 
his note indorsed by sememe else in Shawam who was well enough known to have it 
taken at First National Bank, Shawano, the head official of whicli, by the way, is one 
of the claimants of land here and its stockh )lder3 more or less interested. 

The ostensible purp se of tliis $200 is that it is to be used ti send Mr. Tyrrell and 
certain witnesses t > Washington, D. (\ ti Iiead off any unfav.rable report." I know, 
and there are witnesses here, who kn^w of Derosier's going to Shawano on Saturday 
to arrange for money. I know that on Saturday Mr. Prickett phoned Mr. Tyrrell 
to be in Shawano t -day, using words to tHs effect: "Meet me in Shawano Monday, 
everythiiig all right, it will be there," and tliis p. m. Mr. Derosier in this office admitted 
he liad loaned Mr. Tyrrell $200 on interest and admitted putting note in bank duly 
ind ^rsed, but said he did not know who ind ,rsed note. 

The story given out is that the Indians are to repay the money to Mr. Tyirell and 
he in turn take up the note. I have not yet exaniined the register of hotel; per- 
haps I can get later from bank the evidence'of note, if it is there, and dates of confer- 
ence.s of past with names on register. I have felt at times the unfriendly influence of 
the Wisconsin & Northern Railroad exerted through Indians who have always been 



MENOMINEE INDIAN RESEEVATION. 897 

in their L-eeining employ because I was instrumental in turninc: down a bill lor sev- 
eral thousand dollars charges rendered covering usual wear and teai- on car service 
on theii' flat cars, wlxlle engaged in hauling logs here at commencement of operation, 
and also the cancellation of a contract which compelled the hauling annually of not 
less than4eight million feet of logs over their road at §1 per M, figuring I could do it 
for less money, and now actually do at 35 cents per M. 

I know when men can go around spending money, who liave no visible income, 
that some one must furnish it. I know that IfoUister has in his employ the husband 
of a member of the tribe who has never lived here. His name is Edick. He is their 
foreman or superintendent. 1 know this man's brotlier-in-law's members of the 
tribe are here; one of them, Tourtillotte's, was a former employee in old days at this 
agency but was dismissed. I know that nothing goes on here' but that these people 
furnish information outside and have felt their influence in opposition in here. 

I know that all these same interests in the past have caused the sending of com- 
plaints through Senators La Follette and Stephenson, which personal interviews on 
my pait with office in ^\■ashington have set straight and caused CA-eryone to keep 
hands off. The change in administration gives them new life. Now instead of last 
administration influence being sought it is the present Congressman Konop's hand is 
plainly seen. It is announced by Indians that Oconto has as candidate who is to 
take charge, etc. Mr. Frechette and some Indians, Gauthier and others ^-isited 
Oconto, miet Mr. Konop, so they announced, and received his word that a change 
would soon take jjlace. The name of the man is Douglass Burns. I am told a former 
sheriff of the county, w^oods cruiser, etc. Back of him I can discern the same old 
interests, who are always trying to get a foothold here. Oconto, ilarinette, Oshkosh, 
and Shawano interests. 

But my story is no new one. Around every reserve are the same peniicious inter- 
ests, always striving to get at the Indians' natm-al resources. I was not sent here in 
the interests of anyone, but that of good administration. I was selected because of 
certain things I had performed in the past. It was known no one could get to me. 
This place prior to my coming had been a hotbed of corruption and mismanagement; 
that is its record. I was sent to clean up and I shall continue to do so. 

Under my first administration about eleven thousand dollars was compelled to be 
repaid to the mills for lumber stolen and some lumbermen escaped narrowly going to 
jail. Work on lines such as I name is continually going on. Naturally those concerns 
have no love. If some one came in who would sleep on the job, how pleasant all 
around would be the condition. With me out they think their goal would be reached. 
How little they know I have been here long enough to have acquired some real liking 
for the real Indian. It would be real pleasure for me to, from the outside work many 
times harder on my own time and resources, to prevent the Indian being any longer 
robbed by his unscrupulous red or white brother. 



[Affiflavit of Mr. A. S. Nicholson.] 

Neopit, Wi.s., January 9, 1914- 
To whom it may concern: 

I, A. S. Nicholson, hereby certify on honor that the information given and report 
made by men to Hon. Edward. E. Ayer, of the Board of Indian Commissioners, regard- 
ing conditions on the Menominee Indian Reservation are true and correct to the best 
of my knowledge and belief. Figures of record are copies of certified records of the 
Neopit operations and other information is obtained from sources which are creditable 
and upon personal investigation by myself and reputable employees here. 

(Signed) A. S. Nicholsox, 

Superintendent Menominee Indian Reservation. 

Declared to before me this 9th day of January, 1914. 

[seal.] H. C. D. Ashford, Notary Public. 

(My commLssion expires June 20, 1916.) 



898 MENOMINEE INDIAN RESERVATION. 

29A. Nicholson. 

[Copy o( correspondence between Mr. Edward E. Ayer and Mr. A. S. Nicholson, NeoiMt, Wis., regarding 
the railroad faciiilies at the Menotninee In lian miUi] 

Chicago, December 4, 191S. 
Mr. A. S. Nicholson, 

Superintendent Menominee Indian Mills, Neopit, Wis. 

Dear Mr. Nicholson: I was not satisfied, while I was up to your place, with the 
railroad facilities there. A road practically without cars and two rates on everything 
must make it very expensive and very dilatory in handling your business there. 

I feel quite sure we can get the Northwestern to build over from the west; it doesn't, 
from the map, seem to me to be more than 8 or 10 miles, and this would mean but one 
rate to all over the country, saving practically the entire rate paid to the road that is 
now there. 

Please write me fully explaining just exactly how much rate they get, etc., and 
what you consider the extra cost of handling a car, and the way it ought to be if we 
got the Northwestern to come in there, when they would take the Northwestern rate 
to all competitive points. 

I don't know whether we could do it or not. I am going to find out what the rates 
would be, and I think it would be a substantial saving on the cut of the mill. 

I am going to make this recommendation in my report, and* you can so notify the 
Indians. I think they would be glad to know ol any recommendations that would 
mak^ them any more money. 
Yours, very truly, 

Edward E. Ayer. 

Neopit, Wis., December S, 1913. 
Hon. Edward E. Ayer, Chicago, III. 

My Dear Mr. Ayer: Your letter of December 4, regarding our railroad shipping 
conditions here. 

I am glad you bring this subject up. Our position is, briefly, as follows: We are 
situated on the line of the Wisconsin & Northern Railroad, a short independent line 
running from the town of Shawano, northerly to Van Ostrand, a point 4 miles north 
of our reservation line, with no outlet or railroad connection there. In Shawano the 
Wisconsin & Northern Railroad have switching airangements with the Chicago & North 
Western Railway. This road has two old engines, two passenger cars, a caboose and 
some flat cars, with perhaps several box cars. It has to depend entirely on the (^'hicago 
& North Western for supply of cars to handle shipments. 

Its freight north from the south will approximate several cars per day. Its freight 
out from here would average 17 to 20 cars per day. It picks up occasionally some cars 
from Morgan Siding, below here, and Gresham. " Our freight service is one train daUy; 
combined with passenger service, two trains daily. To Neopit from Shawano 7 a. m. 
and 12.30 }). m., and from Neopit to Shawano 9 a. m. and 3.45 a. m. when on time. 
Passenger rates, 4 cents a mile; local freight rates on same basis, while through freight 
on lumber products we get same rate as from Wausaii Point and Northwestern line, 
namely, 10 cents per 100 to Chicago and other points correspondingly, except to the 
north and northwest. 

Our great handicap is car service. Perhaps the Chicago & Northwestern does not 
wish to favor this line, which, rumor says, is ultimately destined as a feeder for the ' ' Soo 
lines," but this we do know that many times we have taken matter of car service up 
with the Chicago & Northwestern agent at Green Bay, and he has said that plenty of 
cars were turned over to this line. In cases we have known cars to be sent in and 
refused, the ^^■isconsin & Northern Railroad saying that they would do the ordering 
and not us. It seems to be their practice to scale down the number of cars we want, 
and in cases we have known that cars were diverted to Gresham, Morgan, and to Phlox 
intended for us. The Chicago & Northwestern found this out themselves when they 
sent cars here for ties that never arrived . Their man going over the line found cars 
at other points. Freightage in of course is very bad. Excess freight has much to do 
in adding to cost of supplies. Shortage in cars necessarily results in cancellation of 
orders, as customers have to purchase elsewhere. 

In 1911 Jlr. Ashton, vice president of the Chicago & Northwestern took up matter of 
their road coming in here and have engineer and several others make a preliminary 
trip across the reserve. A line was run starting about at Underhill, thence westerly to 
Keshena, thence northwesterly to Neopit, and north to their line. I can not see where- 
by it would not be a paying proposition for the Chicago <fe Northwestern as well as 
excellent business for us. 



MENOMINEE INDIAN RESERVATION. 899 

Here is a product of millions in the rough for years to come. ]\Ianufactureis to ship 
for the same length of time, not counting other developments. Outside of lumber, 
ties, posts, polesj pulp wood, firewood could be shipped. Some things impossible to 
handle now. Whether the line comes in from Mattoon to Neopit and thence northeast 
across to Breed, or as the preliminary was made, it would be good business all around. 

With the Northwestern in here we could get fair rates north, east, south, and west. 
Save delay in shipping in and out through transfer having to be made; obtain car 
service, which is the im]i(irtant item, and prevent lost sales and send to the markets 
of the country some ])r(Khicts wliich we are long of and now hardly pays to make but 
which should" be a reveiuie producer. 

While on this subject another thought is presented as to a handicap here. We must 
have cash in hand before shipment. We wire for money when car is loaded. Demur- 
rage is due after second day. We must pay if our fault. Shipper kicks if charged to 
him. If reasonable credit .could be given, car permitted to go out, this would be 
overcome. It is a handicap in getting some firms to buy here. The tribe in the past 
has gone on record in favor of allowing the Chicago & Northwestern Railroad to come in. 
Whatever could be done on this line must be quietly, as it is very easy for any opposi- 
tion to readily get hold of members here to manufacture sentiment in opposition. The 
AMsconsin & Northern Railroad would certainly take a hand. 

Concerning present sales regulations, I find an amendment to law is necessary. 
The act of March 28, 1909, section 3, reads: 

"Sec. 3. That the lumber, lath, shingles, poles, posts, bolts, and pulp wood, and 
other marketable materials so manufactured from the timber cut upon such reserva- 
tions shall be sold to the highest and best bidder for cash, after due advertisement 
inviting proposals and bids, under such rules and regulations as the Secretary of the 
Interior may ])rescribe. The net proceeds of the sale of such lumber and other mate- 
rials shall be deposited in the Treasury of the United States to the credit of the tribe 
entitled to the same. Such proceeds shall bear interest at the rate of 4 per cent 
per annum, and the interest shall be used for the benefit of such Indians in such man- 
ner as the Secretary of the Interior shall prescribe." 

If this wording was changed to read: 

"Sec. 3. That the lumber, lath, shingles, poles, posts, bolts, and pulp wood and 
other marketable materials so manufactured from the timber cut upon such reserva- 
tions shall be sold in the open market, after due advertisement inviting proposals 
and bids, under such rules and regulations as the Secretary of the Interior may pre- 
scribe," etc., 

this would permit of regulations to be framed that would permit of business to be 
performed under conditions nearly on a par v/ith any modern concern. The possi- 
bility of loss would be little, a selected credit list could be established, which would 
result in payment within, say, 10 days. Cars could then go on, knowing checks were 
en route in mails, etc. 



Respectfully, 



A. S. NiCHOLSOX, Super iyitendent. 



29-B. Nilholsom. 

(Letter from Mr. A. S. Nicholson, accompanying map, dated Neopit, Wis., Dec, 22. 1913 ] 

Hon. Edward E. Ayer, 

Chicago , 111. 

Dear Sir: Replying to your letter of December 19, I inclose you herewith a map ^ 
of logging, showing cut district by years in various colors. I have marked ou line 
of our railroad in thin red ink hue route taken by party headed by Mr. Holland. 

It is well to understand the problem confronting us at end of summer, 1910. Prior 
to this we liad been cutting west of Neopit. In the summer of 1910 occurred the 
big fire northeasterly from Neopit, over 60,000,000 feet of lumber being burned, a 
large per cent of which was pine. There was no way of getting it to the mill. We 
had to go to Wasliington for legislation to build railroad. 

There were no roads through. W^e started to work October, 1910, to build camps, 
cut a right of way over to this district, and log the timber. 

Early in 1911 bill passed permitting railroad to be built. We started at point X 
on map and built railroad over to burned district, and on June 14, 1911, hauled first 
load. 

' Map with cop.v of report to commission. 



"900 MENOMINEE INDIAN RESERVATION. 

It was a question this year of saving the most vahiahle stuff. We logged during 
year 1911 and 1912 on sites of camps 11, 12, and 14. During this time we had to pay 
trackage cliarge of 60 cents a loaded car to the Wisconsin & Northern Railroad, which 
was about 20 cents per thousand. I asked the department for permission to extend 
railroad into Neopit direct to save tliis charge, and finally received permission to 
build, and last winter, end of December, 1912, the first logs came in over this road 
straight to Neopit from camps 14, 15, and 16. Camps 11 and 12 had finished their 
cutting northerly. Of course, in view of this fact, nothing could be done during 
this summer; nothing could be done except log along line of the railroad. 

Mr. Brigham and Mr. Crowell, under ray instructions, went over every part of past 
operations on line of our railroad, skirted logging districts of 1910, 1911. 1912, and this 
past year, with instructions to scale everytliing merchantable, locate the forties same 
were on, and whether same could come to mill or not. 

It is well to bear in mind the fact that where square timher men made last winter 
they received permission to cut along Line of the railroad into Neopit, so that we could 
pick up behind them as we came along. Such logs as were found were in main on 
edge of cuttings, where they can be taken in in present work. 

Another tiling that should be considered is that on June 30 I lose service of logging 
superintendent. He was suddenly taken ill and had to be taken to hospital, Mil- 
waukee, where a serious operation was performed, he hovering between life and 
death for weeks. He finally resigned from service altogether at end of July. W'ash- 
ington did not send me new man\mtil October 9, although I took matter of successor 
up with them at once. 

You can understand what tliis delay and change meant also. I had to carry on 
the work alone, and necessarily it perliaps dragged a little, helped also by the extraor- 
dinary shortage of the laoor situation for year past. 

In spite of everytliing I am confident that our woods are as well cut, well cleaned 
up, as can be reasonably expected. I mention the above incidents as it would not 
be fair to lioth logging superintendents to criticise them. The old one had his own 
plans, and Mr. Brigham came on the job some time after the other left without really 
knowing what was on his mind lor future plans. 
Respectfully, 

(Signed) A. S. Nicholson, 

Superintendent. 



29-C. Nicholson. 

[Letter from Mr. A. S. Nicholson, superintendent Menominee Indian mills, regarding the promises of 
Attorney Tyrrell to the Indians, letter dated Neopit, Wis., January 3, 1914.] 

January 3, 1914. 
Hon. Edwin E. Ayer, 

Chicago, III. 

My Dear Mr. Ayer: Replying to your letter of January 2, on promises of Attorney 
Tyrrell to the Indians, the best information I can get is, of course, talk amongst the 
Indians generally. 

They have told the Indians that there is all kinds of waste here and to effect that 
their money is or will shortly all be used up. That this is the reason why their interest 
money is not being paid to them in shape of annuities. 

They claim to be able to secure reimbursement to the tribe of approximately one- 
half million dollars, claimed to be lost through what is known as dead and down 
-operations. 

They claim to be able to secure reimbursement to the tribe for timber cut by 
Stockbridge Tribe at the time of their temporary occupation of the Menominee lands 
pending the arrangements for purchase of two townships from the Menominee Tribe. 

They claim to be able to secure to the tribe section 16 and the swamp lands claimed 
by the State of ^^'isconsin under the enabling act, notwithstanding the fact that the 
matter is now before the United States Supreme Court, which case is on calendar, I 
believe, for February, the Department of Justice representing the Indian. 

They claim to be able to secure to the tribe reimbursement of all moneys paid 
out for education of the Indian from tribal funds, whether to mission schools or Gov- 
ernment, claiming same should be made by direct appropriation of Congress. 

They claim to be able to secure reimbursement to the tribe of certain thousands 
of dollars lost in operations during the three years past, \\liat this is I do not know, 
as it is of personal knowledge to nie that in 1911, 1912, and 1913 the operations yielded 
a profit to the tribe. 



MENOMINEE INDIAN RESERVATION. 901 

They also claimed to be able to secure to the Bulividual Indians who were c-on- 
cerned in logging contracts all money deducted by the Government for waste and 
noncompliance with terms of the contract; also payment of what is known as the 
traders' claims bills, but do not tell the tribe that if this should be done that pay- 
ment will come out of the tribal funds. 

They also claim to be able to secure to the tril)e a.ll annuities due them, past and 
future". In fact^ they claim to be a cme-all for anything, everything, of any nature. 
It is represented to certain Indians that they will protect them from the summary 
methods exercised by the superintendent, particularly relating to liquor trespass- 
cases, and, in fact, have taken steps attempting to secure release of Indians, habitual 
bootleggers, who Avere arrested on indictment by United States grand jury. This is 
a matter of record in this office and that of the United States attorney. 

Their appeal has been such as to whet the appetite of the very worst elements of 
the Indian. For instance, to the so-called pagan Indian a vast sum of money is to 
be restored him; annuities are to come along whenever he needs it. This, of course, 
to him brings rosy visions of not being compelled to seek a living by work, and a dream 
of easy life and dances. It also affects the other Indians, somewhat inclined to be 
lazy and not work, by furnishing them with prospects of easy money to aid in living. 
It has a certain appeal to the idle and worthless Indian, who makes a practice of sub- 
sisting on his more industrious brother, knowing fnll well that there will be a full 
larder in which he can participate, either in meals or appeal for a loan to tide himself 
over an emergency. 

The effect of the whole is a far-reaching one. It is about as follows: The Indian has 
been started on the road of industrial self-development. He is fairly self-supporting. 
Suddenly his attention is drawn to this fact: What, you have plenty of money; it's a 
crime it's withheld from you. We'll get it for you ; you will not have to work so hard ; 
you can take things easier. The Indian, thinking slowly, comes to the same conclu- 
sion. The microbes in his blood from long-ago ancestors assert themselves. To him 
his wants are simple — a little tea, pork, salt, some flour, etc., and once more he can 
see visions of idle contentedness. Did he know the value of a dollar, know the neces- 
sity of being a producer of something to take the place of what he spent, such x)reach- 
ing might not work much harm. It has been my experience that money placed in 
the Indian's hands for which he has not labored is a curse. This, of coiu-se, excepts 
the aged, the helpless, and orphan, and certain Indians materially advanced. 



Respectfully, 



A. S. Nicholson', Superintendeyit. 



29-D. Nicholson. 

[Questions asked Mr. A. S. Nicholson by Mr. Edward E. Ayer, in regard to the selling of kmiber at the 
Menominee Indian mills, Dee. 12, 19i:3.] 

Mr. Ayer. How much of the cut of the plant is sold to the small yards direct? 

Mr. Nicholson. Less than 2,000,000. 

Mr. Ayer. Then the rest is sold to the middleman? 

Mr. Nicholson, t^es, sir. 

Mr. Ayer. In your judgment, how much do middlemen make on that lumber? 

Mr. Nicholson. Not less than $2 a thousand. 



31. OSHKOSH. 

[Letter from Mr. Reginald Oshkosh, of the Menominee Indian Tribe, to Mr. Edward E. Ayer, dated Neopit, 
Wis., Jan. 10, 1914.] 

Neopit, Wis., January 10, 1914- 
Hon. Edward E. Ayer, 

Chicago, III. 
Sir: In my efforts to furnish you the information and my opinions concerning Mr. 
D. F. Tyrrell, of Gillette, W^is., an attorney at law, who professes to be representing the 
Menominee Tribe's interest, will be similar to that of any other full-blood and original 
member of the Menominee Tribe, because the various statements herein contained 
are obtained through rumors or gossip only, that are being circulated among the Indians 
by Mr. Tyrrell's associates, and not by records of the Menominee Tribal Council as is 
the custom. 



902 MENOMINEE INDIAN RESERVATION. 

Mr. Tyrrell's solicitation among the Indians as their counselor is l>eing entertained 
entirely by the descendants of the mixed bloods who withdrew from the Menominee 
Tribe under the treaty of 1849, and who, through the sympathy of the generous Menom- 
inee Tribe, have just recently been adopted into the tribe, as well as the half-breeda 
of the wandering bands who deserted the Menominee Tribe in time of need, about the 
year of 1855, and who likewise have been reinstated into the tribe only a short period 
of time, and who are employing every means to conceal from the full-blood and original 
members of the tribe the inside facts of their real purpose, and which 1 will endeavor 
to explain later. 

^Ye understand that Mr. Tyrrell in his talks to few of the Indians in his several mass 
meetings with them while he was on the reservation said that the Government is not 
condi'.'i'ting our tribal affairs properly under the present administration, and that he 
would show the tribe that their money is being wasted, both at Keshena and Neopit, 
Wis., and that he could prevent all this waste by representing the tribe's interest 
himself and then cause a thorough congressional investigation which would then result 
in the removal of the present officials, and then he could choose whom he pleased from 
his party and assign them to the vacant offices. 

These actions of his, of course, are only keeping the Indians in a state of continuous 
uproar, and that means no benefit to the Indians; that is what I think about it. 

We understand that the contractors from whjm the Government deducted certain 
moneys on "blow down" should have their claims paid. The white contractor seems 
to be more anxious to have this claim paid than the Indian contractor is. 

The Tribe does not see no good reason why these claims should be paid, for the 
following reasons: 

The majority of the contractors were white men, such as Wallie Cook, of Oconto, 
Wis., better known as the lumber crook; August Anderson, of Shawano, Wis., whom 
the Government is now prosecuting for defrauding the Government on re.servation 
timber and land, who did undertake to defraud the Government in the scaling of 
the blown-down timber they did cut and hauled to landings. Mr. Tyrrell, who has 
been telling the Indians for over a year about the wasting of timber on this reserva- 
tion, i.s the attorney for these contractors, who did cut and left logs on skids that was 
never hauled to the mills or landings, which can be found all over the blown-down 
district at any time now deteriorating. Mr. Tyrrell does not think it is a waste. If 
this is not a waste I do not know what a waste is. 

The reason why I have said that the majority of the contractors were white men is 
that the white men done the logging tmder an Indian name; and indeed very little, 
if any at all, did the Indian benefit out of the profits. The Indian paid very few 
visits to his logging camps; in some cases I understand the Indians had never seen 
their logging camps. 

Mr. Tyrrell is prosecuting the Menominee Tribe to recover the claims of individual 
Menominee Indians who were in partnership with these white men in cutting tliis 
blown-down timber, and who did try to defraud the Government on the scale, and in 
many other ways did not live up to their contracts. I do not see the tribe's benefits 
in this, since I understand the money that Mr. Tyrrell demands is to be paid out of 
the tribal funds; I do not know from any other source. 

Mr. Tyrrell and his associates are inspiring in the minds of the Indians that $1 ,448,000 
of the Menominee Indian money has been wasted in the logging and milling operations 
under the act of March 28, 1908 (25 Stat. L., 51), by the present administration. 

According to my observations, and as far as my knowledge is concerned, in the 
records of the Neopit office, outside of the blown-down timber question, I can not see 
any waste that would amount to those figures. Mr. Tyrrell claims to be able to secure 
a payment to the Menominee Tribe on certain claims known as the 2-mile strip 
claim. 

Soon after the ratification of the Munsee-Stockbridge treaty of 1856 a mutual agree- 
ment was made by these two tribes with the Menominee Tribe, in which it was agreed 
to exchange land as follows: The Munsee-Stockbridge tribes agree to give to the 
Menominee Tribe a 2-mile strip of land located on the north side of T. 28 M., R. 13 E., 
and T. 28 N., R. 14 E., for a 2-mile strip of land located on the west side T. 28 N., 
R. 15 E., on the Menominee Reservation. Wliile occupying this land the Munsee- 
Stockbridge Tribes cut and sold the merchantable pine timber off from it. 

In the meantime, by act of Congress February 6, 1871 (16 Stat., 404), was sold the 
following Munsee-Stockbridge land: T. 28 N., R. 13 E., and the north half of T. 28 
N., R. 14 E. This included the 2-mile strip given to the Menominee Tribe under the 
mtitual agreement, without their knowledge and consent; and immediately after 
the discovery of the sale the Menominee Tribe demanded the forfeiture of the 2-mile 
strip on T. 28 N., R 15 E., and vacate as well. 



MENOMINEE INDIAN RESERVATION. 903 

After many years had elapsed the business committee of the Menominee Tribe 
demanded an indemnity from the Munsee-Stockbridge Tribes for all the timber they 
had cut and sold from these lands. 

About the year of 1901 a meeting was held at Keshena, Wis., between the Munsee- 
Stockbridge Tribes' committee and Menominee business committee, to adjust this 
claim. Each committee was then represented by one of its members while the Gov- 
ernment was represented by the logging superintendent of Keshena, Wis., to go over 
the country and ascertain the amount of timber cut and sold by the Munsee-Stock- 
bridge Tribes. 

In their report they claim that they found it absolutely impossible to ascertain by 
whom, where, and the amount of timber that was cut on those lands, for the reason 
that the Menominee Indians have been cutting some timber from the same lands 
since the Munsee-Stockbridge Tribes vacated it, and that the stumps were so decayed 
and defaced by forest fires that nothing was accomplished. 

And the land and money that had been held in trust for the Munsee-Stockbridge 
Tribes by the Government" had all been distributed among them, and the committee 
were unable to adjust the matter. 

Therefore I see no way by which a lawyer or anybody else can solve this question. 

Mr. Tyrrell claims to be able to restore to the Menominee Tribe their title to 
section ic and swamp lands now claimed by the State of Wisconsin., and which ques- 
tion is now before the Supreme Court of the United States. We full-blood Menominee 
Indians doubt very much in Mr. Tyrrell's a'oility, and we object to his doing anything 
in the case, for we know no other that is more able to restore our title to us than the 
United States Government, and which means no expense to the tribe. 

Mr. Tyrrell claims to be able to secure annuity payments for the Menominee Tribe. 
We believe this is absolutely unnecessary to go through to the expense in employing 
an attorney for this purpose only, and at the end have his fees deducted from each 
one of our shares, when it can be secured by the superintendent of the reservation 
as it has always been done in the past. 

The inside facts of Mr. Tyrrell's real purpose is this: 

Paying positions, land, money, timber, and other properties of the reservation 
that are of any value has been the spoils for the unscrupulous political grafter in the 
past. 

Once more as he gazed upon the tempting magnificent belt of timber on our res- 
ervation the unmerciful rich lumberman who has reaped his rich harvest from it 
for 32 years, is not by any means discouraged by the determining efforts of the Gov- 
ernment in lending a protecting hand to its wards against the grafters who are now 
rapidly losing their grusps with much regret. The methods under wliich the Gov- 
ernment is handling Indian affairs now are poison to the grafter, and they are now 
using different tactics to overcome it. 

First, a meeting is necessary to organize properly members of the organization 
(the merchant, lumbermen, land speculator, banker, and the lawyer); then their 
course is outlined as follows: An officer must be detailed to the National Capital 
(Mr. Ballinger), whose duties it shall be to bring to bear all his influence over every 
department of the Government that has jurisdiction over Indian affairs and over all 
Members of Congress until their aim is accomplished. 

Second officer, the most important, whose qualifications must be of the ruthless 
type (D. F. Tyrrell), who is to be detailed to the reservation, and his duties are to 
approach the lazy, shiftless, and low-bred half breeds who are as a general rule easy 
victims to small bribes and who are to be the tools (Tom Prickett and others), whose 
duties are to be to penetrate into the Indian country and destroy the tribe, a pro- 
tecting power, then preach misrepresentation concerning the management of their 
affairs by the Government and create dissatisfaction among them; induce them to 
terminate their relation with the Government as wards and divide the reservation 
resources. 

If this is done, then Mr. Tyrrell's real purpose is accomplished. The Indian, 
then, is once more an easy picking for grafter. 

Will be pleased to furnish any information to you at any time that will mean the 
betterment to my people. 
Respectfully, 

(Signed) Reginald Oshkosh. 



904 MENOMINEE INDIAN KESEKVATION. 

32. . 

I beg to present the views of a gentleman I met on the reservation, who did not 
care to have his name mentioned, but who had had great experience with the Indians, 
and had thought of the subject a great deal, and who expresses the following views 
and suggestions: 

I do not know of any case of abject suffering among the sick or old or poor, or that 
they were not helped when in real need, either by their neighbors, or were refused 
help by the agent. There are, of course, sick people and poor people, as everywhere, 
but the former received rations when old and unable to work, and the others were 
taken to the hospital, if they could be induced to go there. I do not know of any 
case that a sick person was refused admission to the hospital if the circumstances 
demanded it. 

As regards tuberculosis and tracoma, I must say that there have always been cases 
of both. Whether they are on the increase or not I do not know, as in former years 
the disease was not tabulated so carefully as now. If the death record among the 
Catholic Indians shows anything, it shows that the health of the tribe in late years 
is better than ever before. 

Also, in regard to intemperance in drinking, quite a change for the better has come 
the last five years or so. It happens now rarely that an Indian is found drunk on 
the reservation. It does occur, of course, now and then, but never goes unpunished 
if found out. However, if, instead of being deported to Milwaukee to serve their 
time, drunkards would be made to serve their sentence on the reservation, either 
improving the roads or clearing land, I think it would be better, especially in the 
case of married men. The real hardship of the punishment in such cases falls on the 
family of the drunkard, and his wife is exposed to great moral danger during the 
absence of the husband. 

In regard to the mill at Neopit, I must say, as far as I can see, that it has been a 
benefit to many Indians, as it gave them work, and several Indians have done very 
well. They have now decent houses, and are working steadily and are making a 
fair livelihood and are in every way better situated than they were before the mill 
was built. 

I think, too, that every Indian who was willing to work could find work, and if he 
proved steady and competent was paid fair wages. The complaint about the mill 
since its erection was that it takes all the Indians' money and was not making any 
for the Indians. Of course, the construction of the plant was a great expense, but, 
if managed properly, it would be bound to make money and ret^urn a fair profit on 
the investment. Perhaps a private concern could run it cheaper, not having to 
employ such a large office force and not being obliged to make so many exceptions 
in employing men and being so restrained in disposing of the lumber. 

And now, as to the farming proposition. I am convinced that farming would indeed 
be the salvation of the Indian and the only way to civilize him eventually. How- 
ever, the steady work on a farm is not to his liking and he is easily discouraged if he 
can not get the result of his labor right away. 

I think that, allotting to every Inidan who is willing to farm 80 or 120 acres, to be 
his permanent home, and to advance him the money for improving the same, would 
be a step in the right direction to solve the Indian problem and to make himself 
supporting. The condition, though, of getting additional assistance should be: Mak- 
ing new improvements, say, for every acre of land cleared and cultivated advance $20 
of value thereof in implements, seed, etc.; this to be charged to his balance. Also 
that a certain number of horses and cattle be maintained and food for same raised and 
stored on the premises. 

The officer to look after this work should have authority to compel them to work 
on the farm; otherwise nothing will come of all the regulations. 

It would be good policy and I think necessary to advance them money for the work 
they do on the farrn, until they would have 40 acres or so under plow, because other- 
wise they are obliged to work away from home to get the necessary subsistence and 
no improvement is possible. 

The old, sick, and disabled to work would have to be supported, as now, by rations 
and annuity. Those working at the mill or at a trade might get help for building a 
house or making improvements on same; but those able to work should be made to 
work in order to get the use of their own money. I know this seems unjust, as the 
money belongs to the Indians; yet if he can get it without work and spend it as he 
pleases, the result will be that the Indian will ever remain only a consumer and never 
a provider, and when his substance is all wasted he will be a charge to the poorhouses. 



MENOMINEE INDIAN RESERVATION. 



905 



Actual conditions and the experience of many years I think are proof enough that 
money obtained without work is a curse, not a blessing, for the Indian. For, big 
child that he is, he does not look ahead, but only what he needs to-day, and so he 
wastes his ready money for whatever strikes his fancy and tickles his passion, and 
thus he grows up improvident and careless and fruitless as the poor Indian we know 
to-day. He will have a good time for a day or two and for the rest of the year he is 
in need and misery. 



Logs cut fi 
lumber. 



131,071,260 

2 31,504,420 

3 33,712,710 



Logs and 
timber cut 
for miscel- 
laneous 
operations. 



639,548 
,971,457 



5,450,985 



Feet of 

lumber 

sold and 

used. 



27,073,154 
33,923,618 
42,070,064 



Net profit 

on lumber 

sold. 



S45,389.60 
50,926.42 
42,931.64 



Net profit 
on miscel- 
laneous 
operations. 



815,147.42 
33,277.54 
57,540.93 



Total net 
profit. 



$60,537.02 
84,203.96 
100,472.57 



245,213.55 



1 July 1, 1910, to Sept. 30, 1911. 

2 Oct. 1, 1911, to Sept. 30, 1912. 

3 Oct. 1, 1912, to Sept. 30, 1913. 

Net profit to Menominee Indian mills over and above stumpage. This is assuming that the 
mills bought and paid for the stumpage cut, at the rates shown on statements hereto at- 
tached 1245,213. 55 

July 1, 1910, to Sept. 30, 1911, credited to stumpage and charged against operation 227,304.57 

Oct. 1, 1011, to Sept. .30, 1912, credited to stumpage and charged against operation 112, 144. 78 

Oct. 1, 1912, to Sept. 30, 1913, credited to stumpage and charged against operation 103,726.82 

Total 688,389.72 

Profit to Menominee Indian Tribe, 103,0116,830 feet, at .16.07 per thousand stumpage. 

Notes. 



If the net profits on all operations of the Menominee Indian mills credited to stump- 
age account, in addition to the regular stumpage rates as instructed by the United 
States Indian Office (letter Feb. 5, 1912; I. O. File 102661-1911) then the Menominee 
Tribe of Indians have received an average of .|6.67 per thousand feet for their timber 
cut during the period from July 1, 1910, to September 30, 1913. 

The cash investment on capital stock of the Menominee Indian mills on July 1, 
1910, is $1,062,106.79. 

The foregoing amounts of net profit then show a net earning on this investment 
as follows: 

July 1, 1910, to September 31, 1911, 15 months, net 4.2 per cent per annum, after 
deducting stumpage. 

October 1, 1911, to September 30, 1912, 12 months, net 7.9 per cent per annum, 
after deducting stumpage. 

Octf)ber 1, 1912, to September 30, 1913, 12 months, net 9.4 per cent per annum, 
after deducting stumpage. 

Average net, 7 per cent per annum after deducting stumpage. 

The net loss on operations, previous to July 1, 1910, is 1269,695.92, which should be 
taken off the books of the Menominee Indian mills, and the capital invested be re- 
duced that amount or to $792,410.87, the true amount of assets the Menominees had 
to conduct their business with on July 1, 1910, would show the percentage of profit 
on the capital invested as follows: 

July I,'l910, to September 30, 1911, 15 months, net 5.7 per cent per annum, after 
deducting stumpage. 

October 1, 1911, to September 30, 1912, 12 months, net 10.6 per cent per annum, 
after deducting stumi^age. 

October 1, 1912, to September 30, 1913, 12 months, net 12.7 per cent per annum, 
after deducting stumpage. 

Average net, 9.5 per cent per annum after deducting stumpage. 



35601— PT 8—14- 



-13 



906 MENOMINEE INDIAN KESEKVATION. 

Receipts and disburse))} cnts. 

July 1, 1910, to September 30, 1911: 

Receipts $520, 169. 49 

Disbursements 509, 732. 18 

$10, 467. 31 

October 1, 1911, to September 30, 1912: 

Receipts 634, 408. 47 

Disbursements 439, 343. 80 

195, 064. 67 

October 1, 1912, t>. September 30, 1913: 

Receipts 722, 644. 71 

Disbursements 476, 660. 36 

245, 984. 35 

Total receipts over disbursements 451, 516. 33 

Net profit 245,213.5b 

Stumpage 443,176.17 

Total profit 688, 389. 72 

Excess of receipts over disbursements 451, 516. 33 

Difference 236, 873. 39 

This difference is accounted for by the fact that there are considerable more products 
on hand in the yard on September 30, 1913, than there was on July 1, 1910, there being 
28,325,980 feet of lumber at close of September 30, 1913, against 22,178,966 feet on 
July 1, 1910, also considerable lath, shingles, and other products, and also by the 
fact that the Menominee Indian mills have during this period from July 1, 1910, to 
September 30, 1913, enlarged their plant considerably, among some of which are the 
building of approximately 15 miles of railrond, railroad round houses, coal bins, pur- 
chase of two engines, 65 log cars, caboose and railroad supplies, etc., construction of 
several permanent dwellings for employees, construction and repair of dwellings for 
Indians, construction of lumber yard," tramways and pile bottoms to take care of 
38,000,000 to 40,000,000 feet of lumber instead of 22,000,000 on hand July 1, 1910, 
construction of planing mill, including pun hase of machinery, etc., to double its 
capacity since July 1, 1910, enlargement of mill to handle and manufacture by- 
products from slabs and refuse and sundry other improvements to the pknt; also pur- 
chase of horses, lumber buggies, and sundry other equipment and supplies necessary 
to facilitate the handling of a greater volume of business (31,000,000 to 36,000,000 feet 
of lumber per year against 20,000,000 feet per year previous to July 1, 1910, besides 
other by-products such as crating, pickets, slabs, etc.), and which appear in our state- 
ment of resources, and which, of course, do not affect the amount of profit made and 
shown, but reduce cost items and increase products, plant, equipment, and other 
items in the statement of resources, and are, of course, on hand and carried at their 
cost (less a reasonable depreciation) for future operations. These years operating 
have, of course, stood their depreciation as per annual statements, amounting to 
1181,754.66 for this period, July 1, 1910, to September 30, 1913, and as instructed by 
the Indian Office, which, if not charged against operations, would make net profit 
that much greater. 

The reasons for the receipts being only $10,467.31 over and above the disbursements 
(not the profit) during the period from July 1, 1910, to September 30, 1911, are, that 
considerable more products were on hand in the yard on September 30, 1911, than on 
July 1, 1910, there being 36,455,835 feet of lumber alone on September 30, 1911, against 
22,178,966 feet on July 1, 1910, besides more lath and other products; also that during 
this period the greater part of the expense building the railroad, purchasing engines, 
logging cars, railroad supplies, etc., building of several permanent dwellings. 

The reason for the net profit on lumber'being only $45,389.60 for this 15 months' 
period is that considerable lumber that was on hand in the yard on July 1, 1910, was 
cut from dead and down timber, and was sold at a loss, and as our green cut was piled 
with the dead and down lumber in order to better dispose of it, and owing to the 
cramped conditions of the yard, it was necessary to pile with the green cut with the 
dead and down, so that it was a physical impossibility to account for each cut sep- 
arately. 

The overrun of logs into lumber during the period from July 1, 1910, to September 
30, 1913, is 4,383,969, more than enough to make up the difference between the amount 
of logs cut and lumber sold dming this period and as there was an inventory of logs, 



MENOMINEE INDIAN RESERVATION. 907 

lumber, and other pr(')ducl.s on hand at the end of eaeh accounting period — July 1, 
1910, September 30, 1911, 1912, and 1913— with the exception of taking into consid- 
eration the sale of dead and down lumber during 1910 and 1911, it is safe to assume 
that the yearly cuts of logs shown in the foregoing statements were cut into lumber 
and other by-products and sold. . 

Stumpage prices are about what maintain throughout this part of the country, 
where the same class and species of timber are cut and manufactured. 

This information was obtained by actual inquiry from 15 of the largest operations 
in this section of Wisconsin, Michigan, and Minnesota, all exchanging stumpage prices. 
Such firms as Sawyer, Goodman & Co., The Stephenson Co., Diamond Lumber Co., 
Brown Bros. Lumber Co., Cloquet Lumber Co., Virginia & Rainy Lake operations, 
others. It also compares with information gathered by the United States Forest 
Service. 

Logs cut October 1, 1912, to Sept. SO, 1913, and stumpage charged thereon. 

3,065,280 feet pine, at 111.01 $33 748 72 

290, 800 feet Norway, at 16.81 l' 980 34 

13, 088, 250 feet hemlock, at $1.51 34^ 863. 25 

2, 547, 170 feet birch, at f 4.01 10, 214. 15 

1, 747, 520 feet maple, at $1.76 3,075.63 

938, 420 feet basswood, at $6.26 5, 874. 51 

9, 950 feet rock elm, at $5.01 49. 85 

172,000 feet soft elm, at $4.21 724 12 

128, 960 feet ash, at $5.01 646. 09 

248, 970 feet tamarack, at $2.41 600. 01 

48, 610 feet oak, at $11.51 559. 50 

6, 010 feet beech, at $2.41 14. 77 

7, 090 feet spruce, at $4.66 33. 03 

32, 299, 030 feet. 92, 383. 97 

Average, $2.80 per M. Above sawed into lumber. 

2, 839, 980 feet logs and timber cut and used in construction of plant, 

railroad, etc., also for shingles, posts, poles, ties, and mis- 
cellaneous operations 11, 342. 85 

35, 139, 010 feet. 103, 726. 82 

1, 413, 680 feet dead and down logs cut also, on which no stumpage is charged. 

36, 552, 690 feet. 

Average, $2.08 per M. 

Average stumpage from July 1, 1910, to September 30, 1913, is $4.35 per M, log 
scale. 

Logs cut July 1, 1910, to Sept. 30, 1911, and stumpage charged thereon. 

16, 915, 300 feet pine, at $11.01 $186, 237. 45 

8, 273, 950 feet hemlock, at $1.51 12, 493. 66 

1, 569, 770 feet Norway, at $6.81 10, 660. 13 

1, 699, 760 feet maple," at $1.76 2, 991. 52 

629, 700 feet birch, at $4.01 2, 525. 10 

1, 231, 990 feet basswood, at $6.26 7, 712 26 

322, 000 feet rock elm, at $5.01 1, 613 22 

368, 250 feet soft elm, at $4.21 1, 550. 33 

12, 780 feet oak, at $11.51 147. 10 

13, 290 feet ash, at $5.01 66. 58 

370 feet hickory, at $5.16 1.91 

34, 130 feet tamarack, at $2.41 82. 25 

31, 071, 260 feet. 226, 081. 51 

Average, $7.27 per M. Above sawed into lumber. 
639, 548 feet logs and timber cut and used in construction of plant, 
etc., also for shingles, posts, poles, and miscellaneous 
operations 1, 223. 06 

31, 710, 808 feet. 227, 304. 57 

Average, $7.16 per M. 



908 



MENOMINEE INDIAN RESERVATION. 



Lots cut October 1, 1911, to September -JO, 1912, and stumpage charged thereon. 



5, 314, 960 feet white pine, at $11.01 $58 

700, 370 feet Norway, at $6.81 

21, 779, 450 feet hemlock, at $1.51 32 

516, 610 feet maple, at $1.76 .* 

1, 938, 270 feet bii-ch, at $4.01 

326, 010 feet basswood, at $6.26 

49, 270 feet tamarack, at $2.41 

32, 740 feet rock elm, at $5.01 

16, 780 feet soft elm, at $4.21 

3, 720 feet oak, at $11.51 

16, 700 feet ash, at $5.01 

48, 380 feet beech, at $2.41 



30, 743, 260 feet. 

Average, $3.50 per M, above sawed into lumber. 
1, 971, 457 feet logs and timber cut and used in construction of plant, rail- 
road, etc., also for shingles, posts, poles, ties, and miscella- 
neous operations 



$58, 517. 70 


4,769.51 


32, 886. 97 


909. 13 


7,772.46 


2, 040. 82 


118. 74 


164. 03 


70.64 


42.82 


83.66 


116. 59 


107, 493. 07 



32, 714, 717 feet. 

761, 160 feet dead and down logs cut also on which no stumpage was 
charged. 



4, 651. 71 
112, 144. 78 



33,475,877 



Average, $3.35 per M. 



33-A. 
Stumpage rates. 



Species. 



Per cent 
of stand. 



Rate of stump- 
age as recom-. 
mended by— 



Oconto Indian 
Co. Office. 



White pine . . . 
Norway pine. 

Hemlock 

Maple 

Birch 

Basswood 

Rock elm 

Soft elm 

Oak 

Cedar 

Ash 



Spruce 

Tamarack . 

Beech 

Butternut. 
Hickory... 



Total. 



0.10 

.02 

.40 

.15 

.05 

.15 

.06 

.03 

.01 

.01 

.0075 

.0025 

. 00375 

.0050 

.000625 
• .000625 



175,000,000 

35,000,000 

700,000,000 

262, 500, 000 

87, 500, 000 

262, 500, 000 

105,000,000 

52, 500, 000 

17,500,000 

17,500,000 

13,125,000 

4,375,000 

6, 562, 500 

8, 750, 000 

1,093,750 



750 



$11.00 
5.00 
3.00 
2.00 
5.00 
8.00 
8.00 
7.00 
15.00 
2.00 
5.00 
2.20 
4.65 
2.40 
1..50 
f 5.15 
, 5.15 



$11.00 
6.80 
1.50 
1.75 
4.00 
6.25 
5.00 
4.20 
11.50 
3.00 
5.00 
2.20 
4.65 
2.40 
2.40 
5.15 
5.15 



, 925, 000. 00 

238, 000. 00 

,0.50,000.00 

459, 375. 00 

340, 000. 00 

,640,000.00 

.525,000.00 

220,500.00 

201,250.00 

52, 500. 00 

65, 625. 00 

6, 625. 00 

30, 515. 62 

20,900.00 

2, 625. 00 



\ 3,632.5 



1,750,000,000 



Z.l 



6, 787, 172. c 



1 Average. 

Note.— The above stumpage prices have been recommended by Indian Office (letter of Feb. 5, 1912- 
I. O. File 102661-1911). The percentage of stand has been fixed arbitrarily by Neopit office, based on 
opinions of the different logging superintendents. Timber has never been cruised and estimated. Above 
rates of stumpage are to be used by the Menominee Indian mills in wiping out the stumpage account, 
charging cost of logs with same as they are cut. To the above rates will be added 1 cent per thousand 
feet to wipe out cost of 50 per cent of burning brush and entire cost of fighting forest fires, which have been 
charged to the stumpage account, this expense being incurred for the protection of the standing timber. 



MENOMINEE INDIAN RESERVATION. 



909 



33B. 



■Total cuf of each class of timber during three years, with stumpage recommendations 
of the Oconto Co. and that used by the Neopit office. 





Feet. 


Rate of stumpage as 
recommended by— 


Oconto Co. 




Oconto 
Co. 


Indian 
Office. 


amount. 




25,295,540 

43,141,650 

2,560,940 

5,115,140 

3,963,860 

2,496,420 

332,370 

364,691 

557,030 

78,600 

65, 100 

54,390 

7,090 

370 


11.00 
3.00 
5.00 
5.00 
2.00 
8.00 
2.40 
8.00 
7.00 
.5.00 

15.00 
1.50 
4.65 
5.15 


11.00 
1.50 
6.80 
4.00 
1.75 
6.25 
2.40 
5.00 
4.20 
5.00 

11.50 
2.40 
4.65 
5.15 


$278,250.94 


Hemlock 


129,424.89 
12,804.70 


Birch 


25,575.70 


Maple 


7,927.72 
19,971.36 


Tamarack 


797. 69 
2,917.53 




3,899.21 


Ash 


393.00 


Oak 


976.50 


Beech 


81.58 


Spruce 


32. 90 
1.91 








483,055.55 


Amount according to Indian OfTice 








443,176.17 














39,879.38 




245,213.55 











39,879.38 












Net profit during three years, after deducting stumpage. 


205,334.17 













34. Lours Skeesicks. 

[Statement of different Indians at Keshena question by Mr. Ayer with regard to their feelings about the 
general conditions on the reservation and efforts being made to get money to pay Mr. Tyrrell and his 
friends.] 

I do not know myself; I have not attended any of the meedags, but this is what I 
hear the tribe say: It is just like throwing our money in the river — building new 
barns and houses at Keeshena and Neopit, cutting timber, building new roads, and 
soon. Lots of people are dissatisfied. The mill is not making anything. No money 
coming in, all going out. I do not know what the lawyer promised to do, l;)ut he was 
to help the tribe so there would be no more trouble. 

Louis Skeesicks (his thumb-print mark). 
Witness to mark: 

Francis M. Badger, 

Financial Clerk, Keshena Indian School, Keshena, Wis. 

John F. Waukechon, 

Assistant Clerk. 
H. P. Marble, 
Assistant Superintendent. 
KosHENA, Wis., January 10, 1914. 



35. Sam Pywaukee. 



[Statement of Sam Pywaukee. Questioned by H. P. Marble, assistant superintendent, through John F. 
Waukechon, interpreter.] 

Mr. Marble explains: Board of Indian Commissioners have sent out for information 
in regard to Indians desiring employment of an attorney. 

Q. He knows this man Tyrrell, does he? Ever met him? — A. The man from 
Gillette? 

Q. Yes; I guess that is the man. — A. Yes; he says the man from Gillette was here 
last spring and went through the reservation. 

Q. What did he claim he would be able to do for the Indians? — A. He says that he 
went over the logging here; that is. the ilenominee Reservation. 



910 MENOMINEE INDIAN EESEKVATION. 

Q. And what about it? — A. He said the Menominees had asked him to go over the 
logging on the Menominee Reservation. 

Q. bid he say what Menominees asked him to? — A. He says he knows of three. 
He says he don't think anybody can say — it was the whole tribe. 

Q. After looking over the logging, what did he ofTer to do for the tribe? — A. Well, 
he says he took note of everything. He seen what was wasted in the line of timber 
and made his report to Washington. 

Q. What payment was made to him for this serivce? — A. He did get something. 
No man will work for nothing. He expects to get something for his meals anyway. 

Q. How much? — A. They liad paid him $500 in cash. 

Q. Is that for work he has done already or is going to do for them? — A. He says 
they gave this $500 when he left for Washington. That money was used in Washing- 
ton while he was there. 

Q. What were they to pay him in addition for his services? — A. He says, I don't 
know, and I don't think the lawyer knows what he is going to get. Of course a man 
when through working knows what he gets. 

Q. Did he enter into contract with them for what he was to get? — A. He did not 
enter into contract with them. The lawyer said if he accomplished anything in W^ash- 
ington they could pay him. 

Q. Does he know who paid the $500? — A. The money was borrowed and is to be 
paid from the tribal funds. 

Q. Who borrowed it; does he know? — A. Well, he says no particular one borrowed 
the money but says the men then there at the meeting, and they got $250 from Louis 
La Frombois. 

Q. WTio else did they get some from? — A. He says that the other $250 was furnished 
by a white man living at Neopit. He gave it to the lawyer when he left, and that 
was paid back by the tribe. 

Q. Of what white man? — A. He says, Joe Gristo's father-in-law. 

Q. Does he know what his name is? I would know it if I heard it. — A. De Rosier. 
He says, that man was discharged at Neopit just on that account. 

Q. Was there any other man gave to him, that he knows? — A. De Rosier fiurnished 
$200 and the other $50 was furnished by himself (this man here, Sam Pywaukee). 

Q. What papers did he get to show that he loaned the money?— A. (produces 
paper, hands it to Mr. Marble, who reads it): 

Keshena, Wis., November 10, 1913. 

This is to certify that we have received $50 from Sam Pywaukee, the same to be 
used to hire D. F. Tyrrell, attorney at law, in behalf of the Menominee tribe, to con- 
duct the investigation of affairs at Neopit in the near future. . 

(Signed) Louis La Frombois. 

Joe Longley. 
Tom Prickett. 

Q. Does he know just what is on that paper? — A. No; he says he only loaned the 
money and he is to get it back. 

Q. Did he look at that paper? That paper does not say they will pay back any- 
thing; just simply acknowledges receipt of the money. I am just telling him that 
for his own information. No difference, of coiu'se, if he wants it to go that way. 
Was it the general understanding that money is wasted among Indians; was that the 
general understanding at Neopit? — A. Yes. 

Q. Did Mr. Tyrrell say that was the case after he had investigated? — A. Yes, sir; 
he did. 

Q. Did he say he would be able to secure a change, so they would not lose money? — 
A. Yes, sir. 

Q. Did he say that he would be able to seciu-e annuity payments for them? — 
A. Yes. 

Q. How much did he say he would secure for them this year? — A. He says he 
might be able to get $20 during the month of January and $40 in the spring. This 
part was told me by Tom Prickett. 

Q. And what in the future, any more after that? — A. That he does not know. Only 
for one year. 

Q. Did he say anything about the Stockbridge claim, over here — the 2-mile strip?— 
A. That he does not know; did not hear him say anything about that. 

Q. Did he say anything about the claims for the blow-down districts? — A. He did 
not know. 

Q. Did he hear him say anything about section 16 and the swamp lands in Wis- 
consin? — A. Don't know anything about that. 



MENOMINEE INDIAN EESERVATION. 911 

Q. From general talk, what does lie xiiulerstand about money being wasted in 
Neopit? What does he think about it? — A. Says he thinks that money is wasted up 
there. 

Q. How does he think it is wasted? — A. Well, he says, the money that was used on 
improvement for roads, he says, he thinks they don't ask the tribe if that money can 
be expended for that purpose. 

Q. He thinks that all that is wasted; just money on roads?— A. Not that alone, but 
timber, and other work they do up there at the mill. They are not making anything. 

Q. What makes him think the mill is not making money? — A. Well, he says, 
because the people don't get any annuity and the money must be used there and 
spent there. Now, he says where does that money come from for building those nice 
buildings at Neopit? 

Q. (Answering questions put in above answer.) Out of interest on the Menominee 
log fund. If they had been getting annuities, would they think the mill was making 
money? — A. Yes; then he would think that they were making money. 

I certify that the above statement was given by me in answers to the queries asked, 
and that the above contains no material raisreprepresentation of what was said by me. 

Sam Pywaukee (his thumb print mark). 

Witness to mark: 

Frances M. Badger. 

Made in presence of — 
II. P. Marble. 
John F. Waukechon. 



36. Statement op Henry Mellott. 

My understanding is that Tyrrell has promised to get for the old soldiers $1 a day, 
and was to help the tribe all tlirough, for their benefit. I did not see the letter, but 
heard La Frombois report that the tribe was to receive §40 per capita this winter if 
we hired Tyrrell. About §200 was raised around Keshena and given to TyiTell, but 
it is understood that he is working for the tribe, and this money is to be paid back to 
the ones who loaned it. 

TjTrell had pictures showing the waste of timber on the reservation and reported 
that he had investigated and found the mill at Neopit to be losing money. He prom- 
ised he would have the laws changed, so it would not lose any more. 

The reason I think the mill is losing money is because we do not get any more 
annuities, like we used to, when we ask for it. If the annuities were paid, I would 
think the mill was making money. 

Tyrrell also said he would work to get back the swamp and school lands which the 
State is taking from us. 

Tribal members claim there is too much money being spent for roads, houses in 
Neopit, dairy barn at the Keshena school, and for "other buildings. The tribal mem- 
bers think this should not be spent this way. It would be better to jiay it to the 
Indian in annuities. 

Henry Mellott (his thumb print mark). 

Witnesses to mark: 

Frances M. Badger, 
Zora F. Marble. 

Statement made in the presence of — 

H. P. Marble, Assistant Superintendent. 



37. Statement or Louis Keshena, at Keshena, Wis. 

My understanding is that Tyrrell and the other attorney are to try to get the "blow 
down " claims paid, but if they do, it seems to me they will have to be paid by the tribe. 
Mamy members think these claims are to be paid by the Government, but I do not 
want anything to do with lawyers in this. They are the cause of all the trouble in the 
past about this blow down business. 

I hear that some members of the tribe have been loaning money to pay to Tyrrell, 
and they say the tribe is to pay this back ; but I do not see how the tribe can be held 
for this money unless some council agrees to it. I hear some parties have taken Tnoney 
belonging to the church societies, the relief corps, and so on, and have loaned it for the 



912 MENOMINEE INDIAN EESEEVATION. 

lawyers, and they tell me they have no security for it. so they must have to make it 
good themselves. I hear much talk about the Neopit mill losing money, and think the 
tribal members believe tliis, because we do not receive annuities any n'lore. I did not 
talk to Tyrrell myself, but I hear these things from other members who are working 
for him to get a contract. I also understand that Tyrrell is to secure annuity payment 
for the ^Menominees. 

Louis Keshena. 
Statement made in presence of — 

John F. Waukechon, Assistmit Clerk. 

H. P. Marble, Assistant SuperinleJident. 

Keshena, Wis., January 10, 1914. 



38. Statement of Joe O'Katchicum. 

Q. What do you understand Tyrrell promises to do for the Menominee Indians? — 
A. I understand the Indians hire the lawyer to get their annuities for them. 

Q. Do you understand the Neopit operations are losing money? — A. I hear the 
Indians talking about the mills not making any money, and that our money in the 
Treasury is going out — none coming in. 

Q. Do you understand that Tyrrell investigated conditions around the mill?— 
A. I hear other people say that the lawyer went through the cutting around Neopit. 

Q. Do you yourself think that the Neopit operations are losing money now? — A. 
I know they are. The Neopit mill has been losing our money ever since it started. 
I know this because we do not get our annuities now like we used to. 

I hereby certify that the above questions were asked by myself and answered in 
the rnanner indicaled by Joe O'Katchicum, an enrolled Menominee Indian, the 
questions and iinswers being interpreted by John F. Wakechon, assistant clerk, 
Keshena, v.-hn i.Iso certifies the same to be correct. 

(Signed) H. P. Marble, 



Keshena, Wis., Jnnuary 13, 1914. 



Assistant Sziperintendent. 
John F. Waukechon, 

Assistant Clerk. 



39. ToMAw — Statement of Peter Tomaw. 

I have lieA'er talked with Mr. Tyrrell personally, but the meml ers tell me that he 
has investigated and finds that lots of money has been wasted on this reservation, 
such as buying automobiles and erecting fire towers, and he has promised to recover 
all of this money for the tribe. I know that the agent never asked the tribe if they 
wanted these automobiles bought or these towers built. I know that the Neopit mill 
is losing money, because we have not received any money this year in annuities. 
If we were getting our annuities I would know that the mill was making money, for 
when we used to log ourselves we made money and put it in the l^ank. I am sure 
there is timber l:'eing wasted, as Mr. Tyrrell savs, for I have seen logs cut last winter 
which have not yet been taken to the mill. Those who talked for Mr. Tyrrell prom- 
ised that he would get us our annuities and get back all of our wasted money. I am 
president of the Temperance Society of West Branch, and loaned $20 belonging to the 
society to Mitchell Komanekin, to be used to pay Tyrrell, but the tribe is to pay it 
back. I do not have any papers to show that the money is to be paid back, but am 
sure that they will do it. 

Peter Tomaw (his thumb print mark). 

Witness to mark: 

Frances M. Badger, 

Financial Clerk, Keshena Indian School, Keshena. Wis. 

Statement made in presence of — 

John F. Waukecohn, Assistant Clerk. 
H. P. Marble, Assistant Superintendent. 

Keshena. Wis.. Janvary 12, 1914. 



MENOMINEE INDIAN RESERVATION. 913 

SUPPLEMENTARY REPORT OK MR. EDWARD E. AYER ON THE MENOMINEE INDIAN 
RESERVATION, JANUARY, 101). 

Presidont Vaux ami <j;c"ntlem(Mi of the tlio Indian Commission, in my Idtcr trans- 
mitting my report I said I would probably have a sup])lementary report to submit. 
I concluded to try to get expressions from more of the Indians, in the first place, and 
from some I had already examined on a little different groimd, so I transmit now 
the balance of my re])ort. 

The questions'! asked of the Indians pertain in ])articular to the promises which 
have been made by the people who are endeavoring to get the position of attorneys 
for the tribe, and Tpresent Mr. Lookaround's testimony as Exhibit 13 A. 

About January 8 1 got a letter from Mr. Mitchell Oshkenaniew, in fact two letters, 
which I present as Exhibit 25 C. You will notice that during Sepetmber Mr. Ballinger 
wrote Mitchell Oshkenaniew a letter stating the total loss to the tribe during the 
five years' operation was $1,429,426.41. Such method as this was used to inflame 
thpm" against the conditions there, of course. You will notice that Mr. Ballinger 
had evidently forgotten there was several hundred thousand dollars' worth of lumber 
and a great many^other things that should be credited to this amount. 

A question asked Mr. Tyrrell, and his answer, I present as Exhibit 27 A, to go with 
other things ])ertaining to him in my former report. 

I felt I had not gone as carefully" as I desired into the lumber operation, credited 
stumpagc, etc., for the past three years, so I asked Mr. Nicholson for information as 
to how much lumber had been logged, manufactured, and sold during each of the 
three years; how much stumpage Vas charged against each class; what percentage 
was left after charging the said stumpage as profit for the year; and also if the stumpage 
rate that he was using was about the same as used by other lumber companies, as 
far as he knew; and the percentages of earnings on capital stock after said charges. 

I submit this as a special exhibit, No. 33. You will note that after charging stump- 
age of 443, 17() there was a net profit of $245,213, and he has answered my question as 
to the ])ercentage paid on the capital stock on the second sheet of this exhibit; also 
figured how much it would be if the $269, lost before he came there was taken out of 
capital stock. 

1 have interviewed one of our leading lumber companies — the Oconto Co.— and 
showed them the stumpage rate used by the Menominee mill. They didn't think it 
was enough, although they thought our white pine was probably better than theirs 
(they used $10 a thousand and the Menominee figure is $11). I find, on using the 
list given me by them on the entire cut of the three years on each class of timber that 
it adds up $39,879.38 to the stumpage, which, substracted from $245,213.55 leaves 
$205,334.17 net profit after charging stumpage to proper amounts as indicated by the 
president of the Oconto Co. I will also say that the stumpage used at the mill was 
that recommended by the Indian Office, letter of February 5, 1912, I. O. File 102661- 
1911. 

At the end of Exhibit 33 you will find three sheets giving the cut of each year, of 
each class. As already stated in my former report they were forced into cutting more 
white pine than usual on account of the fire, for the two years 1911 and 1912. During 
the years 1912 and 1913 they only cut three million, which was less than 10 per cent, 
and you will see from the former report that the amount of white pine on the entire 
reservation is 10 per cent of the estimated quantity. 

As it may not be in quite as good shape there, I include a copy in this is Exhibit 
33 A, showing the estimated timber on the entire reservation ; and also on this same sheet 
I give the prices furnished me by the Oconto Co.; and I also send you as Exhibit 33B, 
a sheet showing the total cut of each class of timber cut on the reservation for the past 
three years, and the stumpage carried out as per the Oconto Co.'s recommendation. 

i am sending another set of Mr. Kemnitz's testimony, which has his affidavit 
annexed, and this will take the place of Exhibit 4 which I have already sent you. 

Exhibits 34, 35, 36, 37, 38, and 39 are the opinions of Indians about Keshena, in 
regard to the affairs and what action Mr. Tyrrell has taken in regard to the reservation. 
You will notice in No. 35, Pvwaukee, he states that they had already paid Mr. Tyrrell 
$500. 

You will notice that practically all those men who have furnished money to Mr. 
Ballinger and Tyrrell have been "told that they would get it back, out of the tribal 
funds." You will notice in one case, Exhibit" 39, Tomaw, where he has taken $20 
belonging to the Temperance vSociety to put into the fund for attorneys — says the 
tribe is to pay it back. 

Now, as I understand the law, nobody can represent these Indians unless it is 
approved l»y the Government in Washington. If that is true, it is entirely illegal 
to ask these Indians for any money for any purpose until such approval had lieen 



914 MENOMINEE INDIAN RESEEVATION. 

gained and attorneys for the tril.e had been estal dished. If I am right a:. out this, 
these men should be made to immediately refund this money to the memlrers of 
the tribe, as they all say the money is to be refunded from the tribal funds that thev 
advanced. 

I am inclined to think, under the circumstances, that the Indians on this reser- 
A-ation ought to have some money in the shape of annuities in the near future. They 
have l)een ha\ing it, more or less, for a good many years, and you M'ill note all the 
way through the testimcny that they practically all claim that'if they were getting 
their annuities they would think it was all right, but that the money must ha\o 
been lost, because they don't get annuities. 

The recommendations that I have made, as far as furnishing farm lands, money for 
education, tribal cattle, etc., will take more or less time, and most of them need 
legislation before they can be carried out. In the meantime it is very necessary 
that conditions should be quieted on the reservation; and I think that" if this was 
done, and done through the hands of the Government itself, without any lawyers 
or outside influences, it would have a most salutary effect on the entire tribe. 

Respectfully submitted. 

Edward E. Ayer, 
Member of the Board of Indian Commissioner^. 

January, 1914. 



Letter from D. F. Tyrrell. 

December 13, 1913. 
Hon. Edward E. Ayer, 

Chicago, III. 

My Dear Sir: As the copy forwarded to me does not give the full gist of our con- 
versation and in instances leaves it unfinished and incomplete, possibly due to the 
fart that I spoke too fast for your stenographer, and as it does not cover the matter 
as fully as I desire, I am sending you a corrected statement with reference to the 
matters discussed. 

Mr. Ayer, during the course of the last conversation which I had with you while 
at Neopit and just before you left, you referred to the critical condition of the Menomi- 
nee Tribe due to the great dissatisfaction and the feeling of unrest which prevails 
throughout the reservation. If I remember right, you referred to the condition of 
the tribe as being dangerous. You also made the statement that you felt that I had 
a great influence with the tribe and that owing to that influence I was the proper 
person to quiet this feeling of dissatisfaction and unrest; that I should inform the 
members of the tribe that conditions were all right on the reservation, that the tribe 
was making money, and urge the members to turn their attention to agriculture. 

I answered you at that time that I did not consider the conditions on the reserva- 
tion all right; that I did not consider the tribe was making money, but on the contrary 
losing money; that I did not consider it advisable to urge the members of the tribe 
to go to farming imtil the conditions existing on the reservation had been corrected 
and means pro-vided whereby they would be able to support themselves while clearing 
their farms and to build the necessary buildings and provide stock and farm machin- 
ery, and that, even if the necessary means were provided at this time, the move 
would not be successful so long as the tribe felt that tribal property and funds were 
being wasted through the operations at Neopit and that, as an honest man and an 
attorney, I could not look the members of the tribe in the face were I to advise them 
to lay down before the rights, for which they were striving, had been attained. 

Your reference to the influence which you felt I had with the tribe, coupled with 
the fact that I realized as you did the gravity of the situation existing on the reser- 
vation, and the further fact that I felt I had, in a large measure, the confidence of the 
tribe, and that they were depending upon me, locally, to safeguard their interests 
and advise them honestly and fearlessly, placed upon me, Mr. Ayer, a responsibility 
which I carried from your presence and which I felt was paramount to any personal 
interest which I might have in the premises. 

I felt then, as I do now, that the great dissatisfaction existing throughout the resei- 
vation must be checked and wiped out at once or great injury and suffering would 
result, not only to the tribe, but also to the individual members thereof. 

Moved by these considerations, I took up the matter with some of the leaders as 
well as other members of the tribe. 

The result was that we arrived at the conclusion that this discontent and dissatis- 
faction would remain unless the conditions and circumstances which brought it 
aboiit were eliminated . 

We also arrived at the conclusion that there was but one of two ways by which the 
existing conditions could be eliminated. 



MENOMINEE INDIAN RESERVATION. 915 

First. By a thorough investigation of all tribal matters. It was suggested, however, 
that this investiration would undoubtedly ])rolong this feeling of dissatisfaction and 
unrest for a considerable time, as it would simply lay the foundation for the remedial 
measures, which woidd. of necessity, have to be taken in order to change the con- 
ditions existing and which would, of cotu-sc, take time. 

Second. By allowing the tribe to em])l()y attorneys through whom and by whom 
the conditions prevailing upon the reservation could be made known to the depart- 
ment and the proper remedies applied by the (le])artmen1, and by allnwiug the tribe, 
through their attorneys, to sue for t'ue loss which it lias suslniiicd llmnigh the opera- 
tions at Neopit and by the department taking tlie tribe into its cdnlidfiice to the extent 
of listening to and in^^estigating any recommendations that the tribe might make 
with reference to the men placed over them. 

It was felt that, if this last course be taken, it would ultimately attain all the results 
of an investigation, but with this in its favor, that it would quickly alla>- this excite- 
ment and dissatisfaction, as the members of the tribe would feel that theii- rights were 
being safeguarded and that gradually and in an orderly manner the conditions to which 
they are subject would be lighted. 

The conclusion was also reached that, unless this last course was adopted, the only 
other course was an immediate and thorough investigation of tribal affairs. 

Mr. Ayer. \Mio are the "leaders of the tribe?" Give me their names. 

Mr. Tyrrell. There are a great many — I could not give you all the names. There 
is Lewis LaFrambois, Tom Prickett, Adolph Amour, Tom I.a Bell, Joe Longley, Joe 
Wabeno, Paul Tebeau, Sam La Frambois, Frank Gauthier, Mose Tucker, Simon Beau- 
prey, George McCall, Joe Lawe, Paywaukee, Weekesit, and many others, whom I 
have not space to mention, but who enjoy in an equal measure the confidence of the 
tribe. 

Mr. Ayer. What is the nature of these claims that the Indians have goi? Do 
they want to collect for what was lost before the mill was started — by the windloreak 
and that sort of thing? 

Mr. Tyrrell. Wehave put that out very fully in our application to the depart- 
ment. That is, the operations at Neopit have entailed a loss of over $1,000,000, 
inchiding the loss entailed by the blow-down and from the lumber operations since 
the building of the mill. 

And then there is a bill pending before the department for the enrollment of a 
large number of half bloods, and the members of the tribe desire every man to liecome 
enrolled who can show a legitimate right to be there, but not otherwise, and they wish 
to be protected against those who have no right 

And then there is the claim which the tribe has against the Government and the 
Stockbridge Indians for the timber cut on what is known as the "Two-Mile Strip," 
as well as many claims growing out of tribal treaties. 

Mr. Ayer. What do you think about the recommendation I am going to make: 
That the Indians take up farms? Don't you think it is a good one? 

Mr. Tyrrell. I believe that, applying to a large number of the Indians on the res- 
ervation, it is the ultimate solution of their social welfare. I am also convinced, as 
I have stated before, that I do not consider it advisable for the Indians to undertake 
farming on the scale contemplated by you until the conditions now existing on the 
reservation are remedied and also help extended to them. I firmly believe that if 
the existing conditions are met as I have suggested, a number of the Indians would 
select their farms and begin next spring, providing, of course, that some method was 
devised by which they could get help. 

Mr. Ayer. Have you taken this up with the department? 

Mr. Tyrrell. No.' That would really be a matter that would be outside the scope 
of our employment, although it could if desired be made so; that is, to make sugges- 
tions, etc., as to the methods by which help could be extended to those farming. 

If you feel that you can recommend that the tribe be allowed to employ its counsel 
and allow them to work out a solution with the department of the conditions existing, 
which would relieve the intense feeling among the tribe, and also recommend that the 
department as much as possible take the tribe into its confidence and pay attention to 
and investigate the recommendations which the tribe might consider proper to bring 
to the attention of the department, with reference to its employees, I feel that a good 
step would be taken. 

Mr. Ayer. Well, now, the matter of expense is a very important one. Now, what 
would the expense be? 

Mr. Tyrrell. Our contract povides for $8,000 a year for Mr. Ballinger and myself. 
We contemplate a local man near the tribe and Mr. Ballinger in Washington to attend 
to matters there, we jointly to handle the litigation of the tribe. 

Mr. Ayer. Well, of course, you would be the local man? 



916 MENOMINEE INDIAN RESERVATION. 

Mr. Tyrrell. Yes; 1 would be the local man. I feel that, while I have their con- 
fidence, I have no "cinch" on the tribe. They are at liberty to hire anyone they 
please. 

Mr. Ayer. ^^^len I was at Neopit, you said you had never received one cent of 
compensation? 

Mr. Tyrrell. Up to date I have never received one cent of compensation. About 
three and a half weeks ago I received $125, which has not been sufficient to meet my 
expenses to Washington and since that time. 

Mr. Ayer. That came from the tribe? 

Mr. Tyrrell. Yes. At the present time I am guaranteeing my expenses myself; 
they are not paid by the tribe; I have to foot them myself. The tribe is under no 
legal obligations to me for any services I have rendered them to date, but the condi- 
tions there have been and are so urgent that they require immediate attention, so 
much so that I could not allow the lack of money on the part of the tribe to keep me 
from doing what I could to see that justice is done them. Mr. Ayer, I don't know 
whether your attention was called to the condition of the Pagan Indians or not? 

Mr. Ayer. No; I didn't have the time to lonk into that. 

Mr. Tyrrell. At Mr. Wyeskesit's request I visited several families of Pagan In- 
dians. I was able to endure but three families; their condition was so pitiful and 
demanded so much relief that I simply turned sick, and I could not continue visiting 
the remaining families there. 

Mr. Ayer. You are perfectly satisfied that every opportunity was given you at the 
plant to present your case, Linder the circumstances? 

Mr. Tyrrell. No. I can not say that, from the fact that I c.nild have kept y.)ur 
men tliere at least two weeks. 

Mr. Ayer. That would not have been consistent. 

Mr. Tyrrell. But when you consider that the conditions to which we called atten- 
tion are practically the prevailing conditions over the entire area of operation, you 
can see that we could cover but a small fraction in the few hours that we were out. 
I must say that I do not consider that "every opportunity" was given me to present 
our side of the case. Far from it, Mr. Ayer. 

What would be your position in this matter, if I may ask? 

Mr. Ay'er. I would not recommend any attorney or attorneys, because it would be 
division of authority. There would be two different interests that the Indians could 
go to. Every time an Indian was discharged, or anything else, he would come to his 
attorney; and that wou.ld mean a report to Washington, and the superintendent would 
make another; and it seems that in any business the more divided authority you 
have the more you are liable to fail. 

Now, if the United States can have a man that is taking care of 40,000,000 feet of 
lumber a year practically, cutting, sawing, and selling, and then have charge of 1,700 
people, sick, lame, and lazy, and all for $3,500; and I certainly would not recommend 
that they pay lawyers $8,000 a year for presenting the ordinary business of the tribe 
whicli the Government is under c bligations, through their Indian Department and 
special agents, to attend to themselves. I would not recommend anything of that 
kind. 

Mr. Tyrrell. As far as the "division of authority" is concerned, I don't believe 
there is any contract that contemplates any division of authority, and there certainly 
would not he any. 

Mr. Ayer. Yet. you say that you would present their grievances, etc., if you had 
the power and right to go in on the reservation and listen to the complainants who had 
a grievance. The Government has their agent there for that purpose, and I don't 
believe the Government has any right to permit the Indians to spend any money for 
attorneys. If there are individuals that want to employ attorneys, and they have 
money to pay for them, all well and good. 

Mr. Tyrrell. Now, if you knew the number of cases I have had to attend to and 
which demand attention^ — — 

Mr. Ayer. You mean in this tribe? Then in that case you have been doing part 
of the duties of the Indian agent, of course. 

Mr. Tyrrell. No; not at all. These are matters which the Government should 
have attended to, but which the Government never has, and I don't believe the Gov- 
ernment ever will. 

Mr. Ayer. Am I to consider, then, that you haven't any faith in the Government 
ever settling these claims? 

Mr. Tyrrell. I have absolute faith in the present officials at Washington connected 
with the Indian Department. But I don't believe that it is possible for the Indian 
Department, through its local department, to obtain for the Indians that full measure 
of justice which an attorney, who is employed for the tribe and paid out of tribal funds, 
would secure. 



MENOMINEE INDIAN EESERVATION. 917 

In connection with this "blow down" in the logging district, some of the members 
have approached me, and stated that they felt the tribe would desire the settlement 
of these claims, with the exception of that of Cook, upon the basis of what was actu- 
ally due the contractors at the time of the closing of operations, with a reasonable per 
cent interest, providing we as their attorneys would stand between them and the 
sueing contractors. 

Mr. Ayer. You think they would save money by having you do that.^ 

Mr. Tyrrell. Now understand, Mr. Cook, outside of his own claim, has claims, I 
have been informed, auii^^regating in the neighborhood of $100,000, if not $130,000 -1 
don't know. 1 believe t ho.se claims could be settled for an amount in the neighljor- 
hood of $25,000 to $30,000, or, in other words, for the amounts due the contractors at 
the time of the closing down of operations, with a reasonable per cent interest. Un- 
destand, I am not referring to Mr. (look's personal claim in this connection, or at any 
time with reference to these claims, but simply to those claims which, I have Leen 
informed, Mr. Cook has taken to collect for certain other contractors, including a 
number of Indians. . i, , i - 

Mr. Ayer. There were certain deductions made by Mr. Brannif from all the claims, 
the reasonable cost for running the logs, as they never were run. Then, in addition 
to that there was penalties for cutting green timber, etc., which he docked them for, 
too. Now, isn't it a fact that the Government has considered these deductions and if 
anything ever is paid out it goes to a few white men? How do you save money for the 
tribe in "that way? „ , • , j 

Mr. Tyrrell. Mr. Cook's claims call for not only the amount actually due, includ- 
ing those deductions, but also claims for damages for breach of contract, etc., which 
brins; it up from $25,000 to $100,000 and over. Now, if it is considered that these 
claims are proper to be paid it means that the sum of $100,000 will come out of the 
tribal funds. Now, if the tribe is allowed their attorneys and they can settle for 
S25,000 they are saving the difference between $25,000 and $100,000. 

Mr. Ayer. I see. The (Tovernment claims that they don't owe anything. Now, 
these men who have $100,000 damages, etc., you think you could get off? 

Mr. Tyrrell. These Indians who have contracts and who have certain amounts 
coming on those contracts and which have been held back have stated to me that 
they thought the tribe would be willing to vote for settlement on the basis of what 
they claim was actually due, with a reasonable per cent of interest, pro\admg we 
represented the tribe to see that these conditions were brought about which ,1 have 
just outlined. , , ^ 

Mr. Ayer. Isn't it a fact that the Indian Department and the Government claim 
that they don't owe these claims? Isn't it a fact that if they paid any money on 
those clamis of any name or nature it would only go to the few loggers who have those 
claims and would"come out of the funds of the Menominee Indians? 

Mr. Tyrrell. The position I take is that the Government will have to pay every 
dollar due on these contracts. Certainly it has got to come out of the tribal funds, 
but they would be willing to pay this because there was a chance that they would 
have to pay more if they went to law. 

Mr. Ayer. Mr. Tyrrell, your coming here to discuss these things with me is perfectly 
proper. 

Mr. Tyrrell. I take it so. 

Mr. Ayer. And it is just as proper for me to disagree with you. 

Mr. Tyrrell. Absolutely. Mr. Ayer, I have given this matter a great deal of 
time and attention, through the fact that I feel that these conditions must be done 
away with, the tribe mustbe quieted, and as many as can must be taught farming. 

Mr. Ayer. Yes; that is one of the first things I took up with them. 



GiLLETT, Wis., January 12, 1914- 
Hon. Thomas F. Konop, 

Washington, D. C. 

My Dear Tom: I am inclosing you a copy of some affidavits that I took while at 
Shawano last Saturday. They show to what 'lengths that man Ayers went to while on 
the reservation. I am going to show up the conduct of this man while he was making 
this investiL^ation as a member of the Board of Indian Commissioners. I feel that 
these affidavits should be filed with your Indian Committee and the committee made 
acquainted with the work of at least one member of that board, who are asking for an 
increase in their appropriation. 

I want to call your attention also to the condition of Menominee Indians through the 
falsehoods of this man Nicholoson. While we were on the reservation making the 



918 MENOMINEE INDIAN EESERVATION. 

investigation the last of November or the first part of December last Nicholoson told 
the Indians that they would receive an annuity payment of |30 per capita on or about 
the last of the past year or the first of this. He also told them that the money was all 
ready, but that Mr. Sells wanted to find out why $5 was paid at one time, $10 at 
another time, and .|40 at another time, and that just as soon as he found out this he 
would order the payment to be made. At the time Nicholoson made this statement he 
knew that an annuity payment could not be made, for the department had so informed 
him on October 1st, last. You will see this from the letter you received from Mr. 
Meritt when you wrote him with reference to the annuity payment. As a result of this 
statement on the part of Mr. Nicholoson a large number of the Indians run in debt, and 
now they can not meet it, and when the storekeepers know that they are not going to 
get any annuity payment they will not give them any more credit, and the poor 
people will suffer. 

There are at least 300 members of the tribe who are going to bed hungry these days, 
and their condition should be investigated at once. Mr. Ballinger has the affidavits 
with reference to these conditions, and I wish you would get in touch with him and 
take the matter up with the department with a view of getting some relief, and if you 
can not accomplish anything there I wish you take up the proposition getting an 
appropriation to relieve this want. The condition of these people, both pagan and 
old people as well as young ])eople who can not get work todo, are pitiful in the extreme. 
Kindly give this your attention, Tom, as these people need help and need it at once. 
AMth regards, I remain 
Your friend, 

D. F. Tyrrell. 

The conversation that I had with Ayers is a matter of record, and I think you have 
a copy of it. At the last part of it is a statement by Ayer that it was perfectly proper 
for me to discuss the matter that I did with him. 

I am not ashamed of anything that I said to Ayer. 



State of Wisconsin, Shawano County, ss: 

Jos. Law, being first duly sworn, on oath deposes and says that he is a member of the 
Menominee Tribe of Indians. 

That during the last visit of Mr. Edward E. Ayer, a member of the Board of Indian 
Commissioners, to the reservation he, the said Edward Ayer, called at the residence 
of this affiant at Keshena, Wis., and in the presence of this affiant's wife stated that 
Mr. D. F. Tyrrell, one of the attorneys for the Menominee Tribe, had called at his 
office in Chicago and had asked him to help him in Washington. That Mr. Ayer also 
stated that Mr. Ballinger and the said Tyrrell were representing the claim of one 
Cook for logging on the Blow Down where they were trying to get $100,000 where 
Cook was only entitled to $30,000; that this man Tyrrell did not know a pine from 
a hemlock; that he, Tyrrell, is just like a child and that they, Ballinger and Tyrrell, 
had no influence at Washington; that that boy [pointing to boy about 13 years old] 
has more influence in Washington than Ballinger; that the tribe does not need at- 
torneys; that they will only throw their money away to hire attorneys; that Nichol- 
son ought to get from $10,000 to $12,000 a year "instead of $3,500 for what he is doing 
for the tribe; that from the way and manner in which the said Ayer had stated that the 
said Tyrrell had asked him, Ayer, to help him, Tyrrell, in Washington, he, this 
affiant, was led to believe that the said Ayer wanted him, this affiant, to think that 
Tyrrell had asked him, Ayer, to do something that was improper. 

Jos. Law. 

Subscribed and sworn to before me this 10th day of January, 1914. 

Frank S. Gauthier, 
Notary Public for Wisconsin. 

(My commission expires March 7, 1915.) 



State of Wisconsin, Shatvano County, ss: 

Mose Tucker, being first duly sworn, on oath says that he is a member of the Menom- 
inee Tribe of Indians. 

That during the last visit of Mr. Edward E. Ayer to the Menominee Indian Reser- 
vation this affiant met the said Ayer in Keshena, Wis.; that the said Ayer stated to 
this affiant that D. F. Tyrrell, one of the attorneys for the Menominee Tribe, had 
the gall to visit him in Chicago and ask him, Ayer, to do him, Tyrrell, a favor. 



MENOMINEE INDIAN RESERVATION. 919 

That from the way the .-aid Aver iiuu'.e this statement this afKaiit was k'd to think 
that the said Ayer wanted to convey the ini])ression that the said Tyrrell had asked 
him, Ayer, to do somethin,t; that was ini])r()])er. 

MosK Tucker. 
Subscribed and sworn to before me this lOth day of January, 1914. 

Frank Gauthier, 
Notary Public for Wisco7isin. 
(My commission exj)ires Maich 7, 191o.) 



D. F. Tyrrell. 



Copies of Letters to Tyrrell. 

Neopit, Wis., December 16, 1913. 



Dear Sir: I was just talking to Jos. Law. Mr. Ayer called on him last evening. 
What took place there Prickett will let you know as Tom went down there this morn- 
ing. I was going down there this afternoon, but changed my mind as our baby is not 
yet out of danger. It is just as well I did not go as I do not like the way this man Ayer 
is using me. He told Joe Lawe and his wife 1 had mortgaged my property to send Mr. 
Ballinger $250. He says that is all Mr. Ballinger is looking for is easy money. He did 
not know how I ever was going to get my money back, that you and Mr. Ballinger did 
not amount to anything in this affair. Now I am going to give it to you straight. It 
is a lie what he is telling about me, a dirty lie. I did not mortgage my property, 
because I have no property; he is just trying to make trouble for me. He also said 
you and Mr. Ballinger was not worth $8, 000a year: that this tribe ought to pay Mr. 
Nicholson $12,000 a year for the work he is doing for us. He had better beware as 
those Indains are very much stirred up over this. This is my foolish way of thinking 
there may be a combihation here that might read "Ayer" Nicholson & Abbott." 
I tell you I don't like the looks of this at all, not that I have any doubt about the out- 
come of this, but the way this man is acting he may be implicated in some deal here. 

I know this much; if Ayer said I mortgaged my property, he is a liar; and he eaid it. 
I don't think Joe Law would lie to me. 
Respectfully, yours, 

Louis D. Lakrombois 

Keshena, Wis., December 16, 191.3. 
Mr. D. F. Tyrrell, 

Washington, D. C. 

Sir: Your letter received yesterday. I returned from Neopit last evening and on 
my way heard that Mr. Ayres was in Keshena, I met him just as I reached the village. 
This morning I had an interview with him, and I find there is no limit for praises on 
the part of Nicholson's good management. I told Mr. Ayres, or Hires, that he told us 
Menominees at Neopit he was here for the sole purposes of investigating the Neopit 
operations proper, and that he was invited to visit the headquarters at Keshena when 
he was at Neopit before; furthermore I said, "Mr. Nicholson was in Chicago last week; 
perhaps that is the reason you came back." In reply said, "No; Mr. Nicholson was m 
Chicago in lumber business, but called at my office." Mr. Ayres also said to me that 
instead of Mr. Nicholoson receiving |3,500, he ought to get $10,000 a year. 

We Menominee Indians are looking for an investigation as soon as possible and noth- 
ing else; we want to show the officials of the department where our business affairs 
is lame. 

Every Menominee Indian says that the man Mr. Ayres is here for the second time 
to whitewash Nicholson's doings, and it appears to me as if this assertion by the In- 
dians may be true. Is it impossible for the new administration to furnish a good sensi- 
ble Democrat to come and investigate our matters? If the Democrats cast sufficient 
number of votes last fall to elect a President it seems to me that out of this number they 
ought to be able to find a good impartial man in the party who will not take up Nichol- 
son's part or the Indians, but report the facts, and that ls what we want, just the facts 
and the true conditions of our affairs. 

Hoping and wishing you unlimited success. 
I am, yours, very respectfully, 

Frank S. Gauthier. 

Mr. Ayres is preaching cattle to the Indians. We don't want cattle we want sensible 
men to rectify our business affairs. This is the feeling of the tribe.— F. S. G. 



920 MENOMINEE INDIAN EESERVATION. 

December 17, 1913. 
D. F. Tyrell, 

Washington, D. C. 
Dear Sir: I hoi)e you don't get tired of my writing. But Mr. Ayer has stirred up 
those Indians again. Prickett came up from Keshena this afternoon, and he had an 
awful story to tell. They told him in Keshena to have Nicholson call up a general 
council while Mr. Ayer is here. It seems he has been calling on certain members of 
the tribe and from what I hear everybody told Mm to meet the tribe in council if he 
wanl.'d to talk to them. His work looks pretty shady. Some of the members thought 
Tyrell and Vallinger should be given the power of attorney by the tribe to act for them 
during the investigation. Well I thought different. I told them to wait as you told 
us in your letter. Mr. Ayer told the Indians you and Mr. Ballinger did not amount to 
;Hr.- iiing in an investigation. Of course it made some of them think. I told them I 
Wo,. id write you and get your advice and if you think it is necessary to have a council 
let us know if such a thing should happen it would be better to take it up with the 
department to have such a council. Let us know at once. From your friend, 

Louis Laprombois. 
Neopit, Wis. {Box 12). 

I tell you, Mr. Tyrell, something has got to be done, and done soon. If those people 
done so well as they claim they did, why are they opposed to an investigation? If I 
was in their place and if I knew my work was right I would help to have an investiga- 
tion, but if I was short a half million dollars or so I think I would act the same as they 
are acting. 

Christmas is just a few days away now; we are going to have a Christmas dinner. 
It is going to be salt pork and potatoes. You know, Mr. Tyrell, from what you saw 
here a short time ago some of those poor Indians are not going to have anything. Our 
little ones will be home from school; they will come in the house a bounding expecting 
some nice things to eat as in former years, but they are going to be disappointed. The 
feeling against Mr. Ayer and Nicholson is not very good. I would not like to answer 
for what might happen to Mr. Nicholson if the department sees fit to keep him here 
and it seems they think he is all right. 1 hear some veiy ugly talk. As far as I am 
concerned I can move back to Marinette if it gets too bad, and" I tell you I am pretty 
near ready to move right now. 

I heard a remark by a few Indians the other day that I do not like. I am sending 
this as a warning; I would not like to have any serious trouble here. 

Louis. 

If anything of a serious nature should happen, do not blame the Indians altogether. 
I am writing this because I am a friend of the white man, and I am a lover of peace. 
We do not get annuity every six months now. Its been eight or nine months since 
we had payment. 



KIOWA AND COMANCHE RESERVATION 



Hl'LVRINGS 

BEFORE THE 

JOINT COMMISSION OF THE 
CONGRESS OF THE UNITED STATES 

SIXTY-THIRD CONGRESS 

SECOND SESSION 

TO 

INVESTIGATE INDIAN AFFAIRS 



MARCH 21, 1914 



PART 9 



Printed for the use of the Joint Commission 






WASHINGTON 

GOVERNMENT PRESfTING OFFICE 

1914 



Congress of the United States. 
JOINT COMMISSION TO INVESTIGATE INDIAN AFFAIRS. 

Senators : Representatives : 

JOE T. ROBINSON, Arkansas, Chairman. JOHN H. STEPHENS, Texas. 

HARRY LANE, Oregon. CHARLES D. CARTER, Oklahoma. 

CHARLES E. TOWNSEND, Michigan. CHARLES H. BURKE, South Dakota. 

R. B. Keating, Arkansas, Secretary. 

Ross Williams, Arkansas, Clerk. 



KIOWA AND COMANCHE RESERVATION. 

SATURDAY, MARCH 21. 1914. 

Joint Commissiox to Investigate Indian Affairs, 

Washington^ D. G. 

The joint commission met in room No. 128, Senate Office Building, 
at 7.30 o'clock p. m. 

Present: Senator Lane (acting chairman) and Representative 
Stephens. 

Chief Ishiti, Mom-Siie-Qiiat. Charley Buffalo, and several other 
Kiowa and Comanche Indians were duly sworn by Senator Lane. 

Wilbur Peowa and James Waldo were duly sworn by Senator Lane 
as interpreters. 

Senator Lane. Who is the first witness ? 

Mr. Peowa. Chief Ishiti. 

Representative Stephens. "\Miere is he from? 

Mr. Peowa. The Comanche Tribe of Oklahoma. 

Representative Stephens. Where is the agency? 

Mr. Peowa. The agency is at Anardarko. 

Representative Stephens. Who is the agent there? 

Mr. Peowa. Ernest Stecker. 

Representative Stephens. How long has he been agent? 

Mr. Peowa. About six years. 

Representative Stephens. Who was agent before him? 

Mr. Peowa. Mr. Blackmail. 

Representative Stephens. Who was agent before him? 

Mr. Peowa. Mr. Randlett. 

STATEMENT OF MR. W. S. FERGUSON, ANADARKO, OKLA. 

Senator Lane. Thev want to tell us something about conditions. 
Is that it? 

Mr. Ferguson. Yes, sir. 

Senator Lane. That is what we want. Are you the interpreter? 

Mr. Peowa. Yes, sir. 

Senator Lane. All we want to know is the facts without prejudice. 
We are not trying to hurt anybody or do anybody any injury; but 
we want to get the right thing'for the Indians — to be fair. And that 
is all an Indian wants — just the fair thing. 

Mr. Ferguson. I want to say this much. They have filed with the 
Commissioner of Indian Affairs a list of things that they wanted. I 
think they filed about eight articles. 

I will tell you how it came about. They met Mr. Sells at Okla- 
homaCity. the train was late, and they had only about 20 minutes' 
talk with him. Mr. Sells told these boys to put it in the form of a 

921 



922 KIOWA AND COMANCHE EESERVATION. 

petition and send it to him (what they Avanted) and he would take 
the matter up. Well, thej became kind of leary about this petition 
proposition. They had had so many of them come up and be pigeon- 
holed. So they said they were going to come up here themselves, and 
that is what brought them up here ; they have not asked for a thing 
only what is on that petition here. 

Representative Stephens. I will have a copy of that petition here 
Monday. 

Mr. Ferguson. I didn't know we were going to meet you this even- 
ing, and, in consequence, I have not got the petition with me. 

Senator Lane. When are you going away ? 

Mr. Ferguson. To-night at 11 o'clock. We want to be as brief as 
we can. 

Senator Lane. What is your relation to them? 

Mr. Ferguson. None whatever; only a friend, sir. 

Senator Lane. You live down there? 

Mr. Ferguson. I live down there, and I have been doing business 
with them for 13 years. 

Senator Lane. What is your business ? 

Mr. Ferguson. No business now at all. I used to be in the hard- 
ware business. 

Eepresentative Stephens. What is your name? 

Mr. Ferguson. W. S. Ferguson. I have been a- representative of 
the Indian Credit Association there. I was at one time president of 
the Indian Credit Association. That is an association formed for 
the purpose of procuring information and fixing it so the Indians 
could procure credit with the business men. There was 18 months 
there that conditions had been such that they could not get any 
credit. They don't make any payments to them, you understand, so 
it became necessary for us to make arrangements whereby these In- 
dians could live and so we could be protected. That is what formed 
this association. We had an understanding with the agent that we 
would not foreclose any of the notes or mortgages they might have 
had on those Indians' property for a certain time. He had an ap- 
propriation of $250,000, and sent a commission down there to pay 
them, which was very unsatisfactory, I must say, as far as getting 
them out of debt was concerned. It did not reach far enough. In 
the meantime they have had their lease moneys and the $40 payments, 
and they are in fine condition at the present time. There are 60 
per cent of these men, represented by these men here, that are prac- 
tically out of debt now. 

Senator Lane. Lease money for what? 

Mr. Ferguson. On their land rentals. 

Senator Lane. Farm lands? 

Mr. Ferguson. Yes, sir. 

Senator Lane. Have they fairly good farm lands ? 

Mr. Ferguson. The finest you ever saw, I think. The finest in 
Oklahoma. I will say that much. 

Senator Lane. Are any of these men farmers ? 

Mr. Ferguson, Every one of them. 

Senator Lane. And successful farmers? 

Mr. Ferguson. No, sir. 

Senator Lane. Why? 



KIOWA AND COMANCHE RESERVATION. 923 

Mr. Ferguson. For the simple reason they have never had the 
proper instruction, or no instruction whatever. 

Senator Lane. Do they have tools and implements? 

Mr. Ferguson. Some of them. 

Senator Lane. Do not all of them ? 

Mr. Ferguson. Yes, sir; I will say the majority of them have. 

Senator Lane. Are they good workers? 

Mr. Ferguson. Some of them; the majority are not. 



Senator Lane. Don't they like the farm 

INIr. Ferguson. Thoy have never been instructed in regard to this 
line of work. I would rather for you to ask these Indians on that 
point, because they might say I was leading them. I would like you 
to ask them. 

Senator Lane. What is the first line you want to take up? 

Mr. Ferguson. The first is in regard to the minors' moneys that is 
retained in the banks now under the present ruling. They want that 
money paid to the parents or to the minors when they are married. 
There are several of those minors that are married, and they ask that 
the minors' moneys be paid to the parents for their maintenance and 
support. 

Senator Lane. A\^iere are the moneys deposited now^? 

Mr. Ferguson. In the banks. 

Senator Lane. ^V\\iit money have they got deposited in the banks 
at present ? 

Mr. Ferguson. That is something thev can not tell vou themselves. 

Senator Lane. Is that $600,000 fund"? 

Mr. Ferguson. All their lease money will i)e deposited. That is 
an order from the Commissioner of Indian Affairs. 

I wish you would ask Chief Ishiti what he v.anted in regard to the 
minors' moneys, how^ he wanted it paid. 

TESTIMONY OF CHIEF ISHITI. 

Senator Lane. Now, go ahead with the answer, Mr. Ishiti. 

Chief IsHrn (through Interpreter Peowa). We want the chil- 
dren's monev to be paid to their parents. 

Senator Lane. What is being done with it now that you object to? 

Chief Ishiti. The objections that we have is the putting of the 
children's money in the banks. 

Senator Lane. What would the parents do with it for the children 
now ? What use would they make of it if they had the money for the 
children i What does the chief say about that ? 

Chief Ishiti. This money, if the parents get it, would help to sup- 
port the families. 

Senator Lane. Is their condition such that they need this money 
in order to support the families? Are they so poor as that? 

Mr. Peowa. Yes, sir. 

Senator Lane. If the parents could support the children until the 
children became of age, would it not be better for the children to 
have this fund when they are grown to start in with, to buy them- 
selves a farm or set themselves up in life, if there is enough of it, 
rather than have it expended for their support now? Are not their 
parents able to support them? 



924 KIOWA AND COMANCHE EESEEVATION. 

Chief IsHiTi. That would be a good idea, but the funds that they 
receive is not sufficient to support the families. 

Senator Lane. How much is there in this children's fund? How 
much does it amount to for each child, about ? 

Chief IsHiTi. I have no idea. 

Senator Lane. Did any of you ever look into it? Do they make 
you a report on these things and show you where you stand ? 

Mr. Peowa. No, sir. 

Senator Lane. Do they draw any funds? The chief himself — 
does he draw any from the Government? 

Mr. Peowa. It is this way. We have been getting what we call 
the annuity payment. That has been in the past, and this comes 
every six months. 

Senator Lane. How much is it? 

Mr. Peowa. Fifty dollars : but that has been abolished for two or 
three years, and these payments that we are getting, it seems to be 
special payments, and the average is different. 

Senator Lane. Have you had any this year? How much have you 
had this last year ? 

Mr. Peowa. They had about $40, I think. 

Senator Lane, When did you get that? 

Mr, Peowa. That has been paid in February. 

Senator Lane. When do you get the next payment, do you know ? 

Mr. Peowa, I don't know. That is what we can't understand. 

Senator Lane. How do these Indians make a living? You say 
they are farmers mostl.y. Are they stockmen, any of them ? 

Mr. Peowa. Some of them. 

Senator Lane. Are they better at farming or better at stock rais- 
ing? The Comanches. you knoAv, used to be great horsemen in the 
old days. 

Mr. Waldo, They might be just as good workers as any white 
men — farmers — but they don't have anything to start with. That 
is the trouble with a great many Indians. 

Mr, Peowa, That is the main trouble. 

Mr. Waldo, If the Government wants them to do that kind of 
work, let them have the money: let them buy the team and buy the 
provisions with it, and they can farm and do something. But the 
way they have been held down, how can a man do the thing without 
having any money ? 

Senator Lane. That is the opinion of you folks generally, is it ? 

Mr, Waldo, Yes. 

Senator Lane, You think if you had the plows, the horses, the 
teams, and other things you need you could go out and work a farm 
successfully, do you ? 

Mr. Peowa. There are many able-bodied young men down there, 
able to do any kind of work, but on account of being short in every- 
thing it is impossible for them to do anything, and the right instruc- 
tion they need. 

Mr. Ferguson, You understand, they have no industrial farmer. 
They have a district farmer, but about all he does is to take the 
checks around. 

Eepresentative Stephens. What is his name? 

Mr. Ferguson. They have several down there, you know. 

Representative Stephens. Hoav many do they have? 



KIOWA AND COMANCHE RESERVATION. 925 

Mr. Waldo. About five or six of them. 

Senator Lane, How many Indians are there that these five or six 
supply ? 

Mr. Waldo. I couldn't tell you exactly, but there are about five or 
six of them. 

Senator Lane. I mean how many Indians are there — Kiowas and 
Comanches ? 

Mr. Waldo. Oh. about 3,300. 

Eepresentative Stephens. What are the names of these farmers? 

Mr. Ferguson. George Hunt is one of the farmers, and a man by 
the name of Eay. He is at Anadarko. Mr. Bell — that is three. 

Mr. Peowa. Mr. Bergson is another one. 

Mr. Ferguson. I am not acquainted with them. 

Senator Lane. I want to ask you about that. Do not these farm- 
ers go around and show these people how to farm ? 

Mr. Waldo, None whatever. 

Senator Lane. Are you a farmer ? 

Mr, Waldo, Used to farm. 

Senator Lane. You have not seen them go around and show the 
Indians how to farm? 

Mr, Waldo, Not at an times. They never come around to my place. 

Senator Lane. What is your name ? 

Mr. Waldo. Waldo is my name. 

Senator Lane. Ask the chief if he has ever seen these farmers, and 
whether or not they go around and teach the Indians how to farm. 

Chief IsHiTi (through Interpreter Peowa). I never have seen the 
district farmer come around to show the Indians how to do their 
work. 

Senator Lane. How long have you had these farmers on your 
reservation ? 

Chief IsHiTi. I don't exactly know when the time was when they 
began to have district farmers. 

Senator Lane, About how old a man is the chief? 

Mr, Peow^a, Seventy-five, 

Senator Lane, Have there not been farmers on the reservation 
pretty nearly all the time that he has been on the reservation? 

Chief IsHiTi, I don't exactly know the time. 

Senator Lane, The reason 1 was asking, out where I live I think 
we have had farmers there among the Indians all my life, and I sup- 
posed the same conditions applied everywhere, 

Mr. Fkrouson. I tliink about 20 or 25 years, I would like you to 
ask Waldo the same question, 

Mr, Waldo, As I said, I don't know, I don't monkey with this. 

Senator Lane. How long have you known of there being farmers? 

Mr. Waldo. About six or seven years. 

Senator Lane. Before that did they have no farmers? 

Mr, Waldo. I don't know whether they did or not. 

Senator Lane, Do any of these other Indians know? Ask the 
rest of the boys. 

Mr. MoMO-SuE-QuAT (through Interpreter Peowa). I know a 
farmer to be there some time. I don't know the number of years. It 
has been quite a while, 

Mr, Ferguson, I was going to ask Mr. Millett there the same 
question 



926 KIOWA AND COMANCHE KESEEVATION. 

Mr. Peowa. He says he don't exactly know. 

Senator Lane. Has it been a number of years or just a short time? 

Mr. MoMO-SuE-QuAT. I know that to be ever since they opened up 
the country. 

Mr. Ferguson. That is 13 years ago. 

Senator Lane. That is right; it must have been. Now, don't all 
of these gentlemen speak English? 

Mr. Peowa. Not all of them ; not very well. 

Senator Lane. How are your school facilities there? Do the young 
Indians all speak English ? 

Mr. Peowa. Most of them. 

Senator Lane. And go to school? 

Mr. Peowa. Yes, sir. 

Senator Lane. Have you good schools there? 

Mr. Peowa. They have a boarding school, and then they are be- 
ginning to attend public schools, most of them. 

Senator Lane. Going to public schools? 

Mr. Peowa, Yes, sir. 

Senator Lane. What are the conditions as to health there? Do a 
good many of the Indians have consumption — tuberculosis? 

Mr. Peowa. Not so very many. 

Senator Lank. How about trachoma — sore eyes. Is there a good 
deal of that ? 

Mr. Peowa. I don't know. I don't see very many of them. 

Senator Lane, Ask the chief if he notices much of that among his 
people. 

Chief IsHm (through Interpreter Peowa). There is a few cases. 

Senator Lane. What do you say about that, Mr. Millett? 

Mr. Millett (through Interpreter Peowa). I know a few cases. 

Senator Lane. Thev are a pretty healthy lot of people, then, are 
they? 

Mr. Peowa. Yes, sir. 

Senator Lane. I want to ask you another thing. Is the agent good 
and kind to them? Does he treat them fairly? Does he look out 
for their interests or not? Have they any complaint to make? 

Chief IsHiTi (through Interpreter Peowa). That is one of the main 
reasons for my coming up here. 

Senator Lane. They do not have confidence in him? Doesn't he 
treat them kindly and justly? 

Chief IsHiTi. I went up to the agency once upon a time to find out 
when a payment was to be made, and this agent was writing upon a 
piece of paper when I came in his office, and he had us standing there 
before him quite awhile before he looked up and asked us what we 
wanted, and I said that the people asked me to go up to the agency 
and find out about the payment, so we came there to see when the 
payment was going to be made. And the agent told me to go home 
and stay there. He says he will make the payment some time. 

Senator Lane. Then, they don't like the agent. Is that right? 
What other complaint have they to make against him? 
. Chief IsHiTi, For those reasons we don't want the agent there. I 
heard that he drinks, and I think that is why he gave us those talks 
the way he talked to us. 

Senator Lane. Is there much drinking at the agency among the 
Indians ? 



KIOWA AND COMANCHE RESERVATION. 927 

Chief IsHiTi. I don't know. 

Senator Lane. What do you know, gentlemen, about this agent? 
Is he satisfactory to the Indians; and if not, why not? 

Mr. Waldo (interpreting). Well, they said if he is a good man 
they would not be up here at all. 

Senator Lane. 'VN'Ibat is the trouble ? 

Mr. Waldo. Well, they had some trouble with him by answers, 
they say. roughly, and like that, which he ought to advise them in 
such a way in order that they may live. 

Senator Lane. Do they go to him for advice? 

Mr. Waldo. Yes; they go to him and ask him for information of 
whatever they want — why, he would not give no good answer at all. 
Kind of looked to them as he was in charge of soldiers, the way he 
was treating them. 

Senator Lane. I want you to tell the Indians that we are 

Mr. Waldo (interrupting). The agent's place was to go out 
amongst the Indians and see for himself just what they are doing — 
how they live. If he wants the Indians to be living in such a way 
or doing the way that he wants them to do, wdiy doesn't he go out 
and advise them and not be sitting in the house at all and send farm- 
ers out and let them run thx^ough the Indians' country without stop- 
ping at any houses, but just going as far as their lines go and come 
right back by the office and report everything is all right ? 

Senator Lane. Does the agent ever go out around the reservation I 

Mr. Waldo. No, sir; not any time. 

Senator Lane. Have you ever seen him at all ? 

Mr. Waldo. No, sir; not any time. 

Senator Lane. I was going to say to you a moment ago that we are 
putting an amendment in the Indian bill so as to allow the Indians 
to have a voice in the selection of the agent after this. 

(The foregoing statement was interpreted to the Indians by Mr. 
Peowa.) 

Senator Lane. Now, has the agent ever visited the chief's house 
to see how he was getting along? 

Chief IsHiTi (through Interpreter Peowa). No. 

Senator Lane. Has he ever consulted with him about how things 
ought to be managed for the benefit of the Indians ? 

Chief IsHiTi. No. 

Senator Lane. Has he ever been to that gentleman's house there 
[indicating another Indian] ? 

Mr. Waldo. No, sir. 

Senator Lane. Has he ever been to any of your houses to find out 
how you were getting along and to advise you ? 

Mr. Waldo. No. 

Senator Lane. Have the famiers ever been to your house to see 
how you w^ere getting along and look over your ranch ? 

Mr. Peowa. Chief Ishiti says he never seen a farmer come to his 
place. 

Senator Lane. Has he never been to your places to consult with 
you — none of you? 

Mr. Waldo. It is a fellow says that one of the farmers comes over 
to his house one time. 

Senator Lane. What is his name ? 

Mr. Waldo. Ed Cable. 



928 KIOWA AND COMANCHE EESERVATION. 

Senator Lane. How many times? 

Mr. Cable (through Interpreter AYaldo). About five or six times. 

Mr. Ferguson. What did he come for? 

Mr. Cable. He brought applications to be signed up. 

Senator Lane. He did not come to consult with him ? 

Mr. Cable. No: just brought the applications to be signed. 

Senator Lane. Now, does the agent or superintendent ever come 
to your places to see how you are getting along, whether you have 
plenty to eat, whether you get your crops in, whether you have plenty 
of clothing, and hoAv your children are getting along? Ask them 
that. 

(The question Avas interpreted by Interpreters Peowa and Waldo.) 

Mr. Waldo. No : not any of these people here ; no. 

Senator Lane. He does not apparently take any interest in any 
way at all then ? 

Mr. Waldo. No: sir. No; not any time. 

Senator Lane. It is suggested to me here that these Indians have 
had trouble about collecting their lease money for their allotments. 
Do you know anything about that, whether they have or not, whether 
they have been able to collect their rents or not? 

Mr. Peowa. Some places they have a pretty hard time. 

Senator Lane. Hoav far back does that extend? How far back 
have they failed to ^aj you your lease money ? 

Mr. Waldo. The agent is always reporting when Indians come to 
him and want to know whether this money is paid in. The agent 
says. No : it is not. And it will probably be the same Indians com- 
ing over for the same things five or six times, and the agent answer- 
ing the same answers over and over. 

Senator Lane. That is, after the rent is due. Sometimes the rent 
was not collected in for a way along a year or two. This is how come 
the Indians don't like him in that line, which is the lease money should 
be collected and in the proper time. But he passed him on — went 
on and extend him so many day. If they don't pay the Indian, the 
Indian come back. The agent says, " No." He say, " You write to 
the party I want that money immediately." The agent says, *' How 
can I collect ( They don't got no money." Why should the agent 
lease to such people that are not prompt pay? That is the objection 
they have. 

Senator Lane. Do these Indians have to borrow any money ? 

Mr. Waldo. They have to borrow money, if they know just when 
they get their pay. They got so they couldn't borrow a penny from 
any bank. 

Senator Lane. How much interest do they pay? 

]SIr. Waldo. TAventy-five to fifty, to a dollar. 

Senator Lane. T^venty-five to fifty cents on a dollar? 

Mr. Waldo. Yes. 

Senator Lane. For how long a loan? 

Mr. Waldo. A month. 

Senator Lane. Oh. I have known that to be done. I have heard 
that a number of times. Is that really the case? 

Mr. Peowa. In some places. 

Senator Lane. Hoav about goods — when you buy groceries and 
clothing ? 



KIOWA AND COMANCHE RESERVATION. 929 

Mr. Waldo. Double price. AVell, Indians get an order to buy the 
groceries in a certain store. You know, the agent has got an ad- 
vantage of the Indians by giving orders out. They have to pay a 
big price. If the Indians have the money they can go anywhere 
they please. 

Senator Lane. That is what I mean. Whenever they take an 
order and go to get goods they have to pay extra? 

Mr. Ferguson. Yes. sir. 

Senator Lane. How much extra ? 

Mr. Ferguson. Well, it is owing to the man's conscience. 

Senator Lane. And it is liable to be double price? 

Mr. Ferguson. Yes. sir. 

Senator Lane. That makes it very hard to get along? 

Mr. Ferguson. Very hard, sir. 

Mr. Peowa. The same way with all the implements they buy. 
Whenever they are going to buy a team, we will say, they ask for a 
certain amount, and they get authority from here — from the Indian 
Office. The agent turns it over to the farmer and the farmer goes to 
the Indian and tells him that authority is there for him to buy a 
team. Well, this Indian goes around and finds a team that he thinks 
suits him, that he likes, and gets the farmer to inspect the team. 
The farmer tells him that he couldn't buy the team. He goes to 
certain places that the farmer want the Indians to buy their teams at. 

Senator Lane. That is right, is it? 

Mr. Ferguson. That is right. 

Senator Lane. Now. these Comanche Indians used to be great 
horsemen on the plains. They ought to be as good judges of horses 
as anybody. 

Mr. Peowa. Yes. sir: I think so. 

Senator Lane. They used to be. 

Mr. Ferguson. Now. your honor, I want to call attention to one 
thing which these boys here are failing to bring out, and that is this : 

He spoke there about having to sell a dead Indian allotment. IS'ow, 
they get authority to build them a house, to build a barn, to buy a 
nice team of horses, and they allow them to spend about so much 
monev for them. Buyino; this span of horses, they pick out a span 
of fine, corn-fed horses that are Avorth $300 or $400, but they don't 
make any provision for the Indian to buy any feed. He picks them 
out, and in a year the three or four hundred dollar team is not worth 
$100, simply for the reason that they do not allow them anything 
to buy grain and things to take care of this team, and the farmer does 
not show them how. They do not understand that this horse is a 
different kind of animal from the little pony that can live on mesquit 
grass and that it must have a certain care that the native horse is not 
used to. They do not realize those things. There is a great loss there 
every year to these men on that line. 

Senator Lane. Is that the fact, as you understand it? 

Mr. Waldo. Yes. 

Senator Lane. I have heard it stated that the farmers sometimes 
make a commission or make a profit on the selling of these horses. Is 
there any truth in that statement? 

Mr. Ferguson. Not to my knowledge, sir. I don't know. 

Senator Lane. They have matrons there, too, do they? 



930 KIOWA AND COMANCHE RESERVATION. 

Mr. Ferguson. Yes; they have matrons. 

Senator Lane. How many do they have? 

Mr. Ferguson. They have the missionaries. 

Senator Lane. I mean matrons. 

Mr. Ferguson. They are all the same. They are the only matrons 
they have there. 

Senator Lane. Do they look out for the Indians and advise their 
families and show the women how to keep house and how to live in 
the right way? 

Mr. Waldo. No, sir; they don't. 

Senator Lane. What do they do? 

Mr. Waldo. Stay at home, wherever there is a place to stay. 

Senator Lane. What benefit are they to the Indians? 

Mr. Waldo. Nothing. 

Senator Lane. Don't they come to your house and talk to your 
wife and show her about taldng care of the children, one thing and 
another ? 

Mr. Waldo. No. 

Senator Lane. Is that true with all of you? Has the matron 
never been to the houses of any of these Indians to show their wives 
how to take care of the babies 

Mr. Waldo. No. 

Mr. Peowa. No; they never come to visit them to show them any- 
thing. 

Mr. Ferguson. I want to ask Wilbur a question here. Wilbur. I 
want for you to state to these gentlemen in regard to the matron that 
some of your folks asked to learn them how to make a cake. 

Senator Lane. What is that? 

Mr. Ferguson. Some of his folks asked a matron to show them how 
to make a cake, or something like that. Tell these gentlemen what 
you told me. 

Mr. Peow^v. This field matron is located near our place, and the 
time this hap]Dened I was not home. She came over to our place, and 
my aunt asked her to show her how to make a certain kind of a cake, 
and she refused, saying that she was not out for that kind of work. I 
don't know what kind of work she is doing. Of course, we are pay- 
ing her out of our Indian fund, and have her a buggy and, I suppose, 
a team. 

Representative Stephens. Do they act as nurses when vou are 
sick? 

Mr. Peowa. No, sir. 

Representative Stephens. Do they look after the women in any 
way ? 

Mr. Peowa. No, sir. 

Representative Stephens. Do they give them any advice and con- 
sult with them in any way that you know of? 

Mr. Peowa. No, sir. 

Senator Lane. Have you good doctors there? 

Mr. Peowa. I don't knoAv nothing about the doctors. They are at 
the agency. 

Senator Lane. What do you do when you are sick? You get a 
physician, don't you? 

Mr. Peowa. Yes, sir; we get a physician from the towns we are 
living nearest. 



KIOWA AND COMANCHE RESERVATION. 931 

Mr. Ferguson. They hire them and pay them themselves. 

Senator Lane. Is there a reservation physician there? 

Mr. Ferguson. Yes, sir; but they are 35 or 40 miles from some of 
these people. 

Senator Lane. What do they do in cases of child birth? Don't 
they ahvays have a physician to attend the women ? 

Mr. P^ERGUSON. No, sir. As I understand, some have a physician, 
but the majority of them have midwives. 

Senator Lane. Indian women? 

Mr. Ferguson. Yes; Indian midwives. 

There is another thing they are asking for. They do not want the 
general restrictions removed on their lands, only on certain condi- 
tions. They don't want general restrictions on their lands, so that 
they will have to pay taxes on them. They want to still hold it 
according to the Jerome treaty that is in the petition. 

Senator Lane. I am in favor of that, as far as I am concerned. 

Mr. Ferguson. Of course, they claim that wherever there is a man 
that is qualified and a competent man, and if the restrictions can be 
removed from a dead quarter where he can sell it and build up the 
other home, it is all right. But the general restrictions is what they 
mean ; they don't mean these isolated cases. 

Senator Lane. Is there any attempt being made to do that that 
they. know of? 

Mr. Ferguson. In some cases I notice that some of them have the 
restriction removed that I don't think should be done. Some should 
be removed. 

Senator Lane. Now, in building houses for these Indians, who 
undertakes to do that? The agent or superintendent? 

Mr. Ferguson. They let them out by contract, sir. 

Senator Lane. Is that satisfactorily handled? 

Mr. Ferguson. I am not in a position to state. Ask them. 

Senator Lane. How is that? Do you get your houses built at 
reasonable prices and well constructed? 

(The question was interpreted to the Indians b}^ Interpreters 
Peowa and Waldo.) 

Mr. Peowa. Chief Ishiti says that the houses are not very good 
that are built for them through contracts. 

Senator Lane. Did any of you ever see the agent under influence 
of whisky ? I have been informed that he sometimes took too much 
fire water. 

Mr. Peowa. Chief Ishiti says that he never seen the agent, for the 
reason that he is far away from him. 

Senator Lane. Do any of these other gentlemen know anything 
about it? 

Mr. Peowa. No ; they say they never seen him personally, but they 
say they heard from another Indian that he offered him a drink. 

Senator Lane. Is there any whisky allowed to be carried onto the 
reservation ? 

Mr. Peowa. Mom-Sue-Quat says he don't know. 

Senator Lane. Do you Indians have any trouble to get a drink 
of fire water when you want it? 

Mr. Peowa. Chief Ishiti says he thinks it is hard to get. [Laugh- 
ter.] 



932 KIOWA AND COMANCHE RESERVATION. 

Mr. Ferguson. I can say for these gentlemen that there is very 
few of these boys that indulge in anything like that. They are very 
temperate people. There is some of them that take a drink when 
they can get it, but, take them as a general rule, they are very tem- 
erate. I will say that much for them. If they was not, I would 
not be up here helping them at all. 

Senator Lane. There are millions of white people, you know, that 
will drink whisky if they can get hold of it. 

Representative Stephens. Is there anything else? 

Mr. Sloan. Have there been any instances where banks have 
signed bonds for the white people who have leased the Indian lands? 

Mr. Peoava. Why, I was working over at the agency for a while, 
and while I was there when a man comes to lease a place they have 
a bondsman — two men to go on his bond. But in many cases — ^I 
don't know how it is, but the bondsman seems to get out of it when 
the fellow gets away from them. 

Mr. Sloan. Were any of those who signed the bond bankers in 
the towns around there, and the agent refused to enforce the collec- 
tions against them? 

Mr. Peowa. I don't know. 

Mr. Sloan. There were a great many leases that were never paid 
at all? 

Mr. Peowa. Yes, sir. 

Mr. Sloan. Some running back four or five years? 

Mr. Peowa. Some running back four or five years. 

Mr. Waldo. Some longer than that. 

Mr. Sloan. And that is one reason why the Kiowas and Co- 
manches are hard up? 

Mr. Peoava. Yes, sir. 

Mr. Sloan. And another thing is that the farmers and agents are 
partial to certain stores. That is, on the orders they give out they 
send them out to the stores that charge double prices ? 

Mr. Peowa. Yes, sir. 

Mr. A¥aldo. Sure. 

Mr. Sloan. And the fault of that is with the agents and farmers 
who handle those orders? 

Mr. Peowa. Yes, sir. 

Mr. Sloan. Do any of you Indians know what your accounts are, 
either for annuities or rents or other moneys that the agent holds ? 

Mr. Peowa. No, sir. 

Mr. Sloan. He refuses to tell you how much money you have got 
there? 

Mr. Peowa. Yes, sir. 

Senator Lane. Is that right? Does he refuse to tell you how much 
money is coming to you? 

Mr. Peowa. Yes, sir. 

Senator Lane. Ask the chief about that. 

Chief IsHiTi (through Interpreter Peowa). He never tells me. 

Mr. Sloan. If you go there and ask him how much money you 
have, he refuses to tell you this? 

Chief IsHiTi. Yes. 

Mr. Sloan. Would you like to have that remedied, so you would 
know what you have got and what belongs to you ? 

Chief IsHiTi. Yes, sir. That is what we wanted. 



KIOWA AND COMANCHE RESERVATION, 933 

Mr. Sloan. Now, then, if you men were allowed to go out and 
pick out your own teams and make your own bargains for them, 
could you do better than the farmer does? 

Mr. Peowa. Yes, sir. 

Mr. Sloan. Put that question to the rest of them. 

Mr. Peowa. He says he thinks they could buy a team that suit 
them if they pick it out. 

Mr. Sloan. Does the farmer down there who looks after the buy- 
ing of horses want you to buy from a certain man all the time — the 
same person? 

Mr. Peowa. Yes, sir. 

Mr. Sloan. Put that question to the rest of them. 

(The question was interpreted to the other Indians.) 

Mr. Peowa. They all said yes. 

Senator Lane. He just picks out the man for you to buy a team 
from ? 

Mr. Peowa. Yes. 

Mr. Sloan. And is that same thing true as to the farming imple- 
ments and other things? 

Mr. Ferguson. I don't think so, altogether. Of course, I am not 
in a position to say. I don't know. 

Mr. Sloan. Now, I heard it said that this money that was paid 
you down there by the commission was not satisfactorily paid. What 
was there in that' that was not right to the Indian people ? 

Mr. Peoava. I don't quite understand you. 

Mr. Sloan. Mr. Ferguson said that the money that was paid down 
there was not satisfactory. There was an appropriation made for 
some money to pay the Indians down there, because they had gotten 
behind and had not been getting their rents. What was there about 
that payment that was not right ? 

Mr. Ferguson. It was being held up so long. 

Chief IspiiTi (through Interpreter Peowa). The only thing they 
don't like about it is that it has been delayed too long. 

Mr. Sloan. And who delayed it? 

Chief IsHiTi. They think it is the fault of the agent. 

Mr. Sloan. Now, whose fault is it that the rent moneys are not 
collected ? 

Chief IsHiTi. The agent is supposed to collect the rent money, but 
it seems like he don't collect it. 

Mr. ^LOAN. I would like to say to the members of the commission 
this, that the Omaha Indians made the same complaint about their 
moneys held by the agent at our agency — that he refused to tell them 
how much was due them or give them any information regarding it 
at all, whether it was drawing interest, or otherwise. I took that up 
with the office and asked that each Indian be issued a statement or 
account, and they agreed to do that for the Omahas. 

Senator Lane. How long ago was that? 

Mr. Sloan. That was yesterday. 

Senator Lane. Well, they ought to do that. I do not know any 
reason why they should not. 

Mr. Ferguson. Your honor, when we was couiing up. of course we 
had a long ride on the train, and we talked this matter over; and 
Chief Ishiti. through the interpreter there, told me that one great 
objection he had to the moneys being placed in the bank was that 



934 KIOWA AND COMANCHE RESEEVATION. 

none of the Indians ever knew how much money he had — could not 
tell whether he had any or whether he had $100, nor what per cent it 
was drawing interest. He was absolutely void of any way of keep- 
ing any record of Avhat he had. He did not know anythiiig about it 
at all. ^ 

Representative Stephens. He knew no more about it than a 10- 
year-old child, 

Mr. Ferguson. They have another thing in regard to those deferred 
payments. I think w^e can enlighten this board on that question 
somewhat. You must remember that down there we have had five 
years of drought. The men that leased these lands from the Indians 
w^ere men that were poor men, and had men of their same caliber on 
their bonds. The men on the leases did not raise anything, nor the 
bondsmen did not raise anything. The consequence was they had 
straw bonds. They were honest all right, and they would have got- 
ten it had it been a crop year. In other words, the bondsmen were 
so crippled by the deferred crops that they were not able in some 
instances. I think you will find that that is perhaps the reason for 
the majority of these deferred payments. I am almost certain that 
is the reason. 

Mr. Sloan. Do you know of any instances in which bankers had 
signed bonds? 

Mr. Ferguson. No. sir; I do not. I don't think those bankers do 
that. 

Senator Lane. Now, when it comes down to the last analysis, the 
Indian "vtho owns the land suffers as well as the farmer that is on 
the land ? He has to stand the brunt of it ? 

Mr. Ferguson. Yes, sir; but understand, down there they don't 
rent those lands crop rent ; it is money rent. We don't lease any 
Indian quarters down there for a grain rent at all. 

Representative Stephens. Is it not a fact that they haA^e had a 
series of droughts down there ? 

Mr. Ferguson. They have not had a good crop there for five years. 
The white man has not made it. They are all in the hole. Ninety- 
nine per cent of the farmers down there are mortgaged for every 
dollar they are worth. 

Senator Lane. Hoav is it going to be this year? 

Mr. Ferguson. The prospects are brighter than I have seen it 
since 1906. 

Senator Lane. What season do you have to have your rain to pull 
your crops through ? 

Mr. Ferguson. In the wintertime and the spring. We had a 
7-foot season this year. We thoroughly soaked down this year. If 
we can get the rainfall we had last summer we will have a bountiful 
crop. We did get a little rain last year, but there was no moisture 
in the ground, and it would dry from both ways. The consequence 
was they never raised anything last year only in the sandy countries. 
In the Washita country and the cattle countr}^ — that is, the sandy 
land above the rivers — they had a fine crop of corn and a fine crop of 
cotton. But out of the sandy land, in the black land where these 
gentlemen live, they don't have anything. 

Senator Lane. I don't understand that. 

Mr. Ferguson. Well, sir, the sand there — -last year it Avould just 
blow over. 



KIOWA AND COMANCHE RESERVATION. 935 

Senator Lane. It was mulched with sand? Why can't they do 
that in their country? 

Mr. Feuguson. I don't think it Avould have done any ^ood last 
year, because oiir white farmers tried it and didn't raise anything. 

Senator Lane. The sand would hold the moisture? 

Mr. Ferguson. The sand is the only place they raised anything. 

Senator Lane. How deep do you plow down there? 

Mr. Ferguson. ^Nlen diner. I plow about 10 inches. Some of 
those boys plows with a lister about 3 inches. 

Representative Stephens. Who raises the best crop ? 

Mr. Ferguson. I do always. Another thing — what I have tried 
to tell these boys when they farm. We plow about up to 11 o'clock. 
If we are listing we list to about 11 o'clock, then we stop and hitch 
to the harrow and drag that down till noon. In that way if we have 
got any moisture we hold it. But they have not been instructed to 
do anything like that. 

I have seen boys out there in the spring of the year — we have lots 
of hail out there, and I have written lots of hail insurance out there, 
and when I would go out I would see these Indian boys; I would 
see the condition of their land, and I would give them a talk about it. 
They would be running the lister on the point. If they had had 
somebody to show them how to get it down level 

Senator Lane. What is a lister? 

Mr. Ferguson. That is what we call it in that country. It is a 
double plow, and it throws up a ridge on both side. We have to 
plant in a furrow down there, you know. Then, we used what we call 
a " snake " or a " go-devil " down there that goes in this furrow and 
covers it up. 

Representative Stephens. Can you tell us what benefit the money 
is to the Indians that we are spending on these farmers or matrons, 
according to your understanding of the matter? 

Mr. Ferguson. Well, sir, so far as industrial farmer is concerned, 
and industrial matron, you are not getting anything. 

Representative Stephens. The Indians Avould be just as well off 
without either? 

Mr. Ferguson. So far as industrial farmer and the industrial 
matron — to learn them anything — I think you would get along just 
as well without them. 

Representative Stephens, Is it not a fact that there are white 
farmers pretty well mixed up with these Indians? 

Mr. Ferguson. Yes, sir 

Representative Stephens. And is not that the best object lesson in 
the world, for the Indian to see what his white brother is doing? 

Mr. Ferguson. Yes, sir; I think so. 

Mr. Waldo. But they have not anything to work with. They 
have no tools. 

Mr. Ferguson. He may have a plow, you know, and maybe two 
little ponies. 

Representative Stephens. Have they harness? 

Mr. Ferguson. He generally has harness and a wagon all right, 
but in that country they need four good horses to farm with. They 
need four horses to pull one of those listers. If you don't plow 
deep you are just fooling your time away. 

35601— PT 9—14 2 



936 KIOWA AND COMANCHE RESERVATION. 

Now, I went doAvn there — the first three years I was there if I had 
farmed the way I farmed in Illinois I would have starved to death. 
I never saw a lister until I went there. I believe in plowing deep, 
and mulchino-. 

Now, these gentlemen own the cream of that country. They have 
the creek bottoms and the river bottoms — subirrigated lands, all of 
it. It is an alfalfa land. Now, if we had a farmer there, somebody 
that would show those boys how to put out an alfalfa crop, and let 
them raise stock, they will prosper on stock where they won't begin 
to prosper on this farming proposition. They want to raise forage, 
kafir corn, milo maize, and sorghum, and then in a year or two they 
will be able to build a big silo. If it rains on this alfalfa they can 
put it in the silo, and it is never damaged a cent. Those conditions 
can be brought about if they will put a man there that will show 
these men what to do. 

Senator Lane. They were stockinen a long while before they were 
farmers ? 

Mr. Ferguson. They are natural stockmen. If they go to raising 
corn and cotton they will starve to death. 

Representative Stephens. Would it be practicable for each one of 
these tribes to select a business committee to look after their business 
in connection with the agent? 

Mr. Ferguson. They have that, sir. 

Representative Stephens. Does the agent pay any attention to the 
business committee? 

Mr. Ferguson. Not very much. 

Senator Lane. Ask them that. Have vou a business committee 
there? 

Mr. Peowa. Yes, sir ; I am a member. 

Senator Lane. What does that amount to? 

Mr. Peowa. It don't amount to anything. 

Senator Lane. Why? 

Mr. Peowa. Because he won't listen to us. 

Representative Stephens. Hoav often have you gone to him? 

Mr. Peowa. We are supposed to meet every quarter, but he seems 
to have put the meeting off, postponed it, and we have not had any 
meeting for nearly a year. 

Representative Stephens How many of you compose that com- 
mittee ? 

Mr. Peowa. Well, there is five Kiowas, two Apaches, and six 
Comanches. 

Representative Stephens. How often do you meet? 

Mr. Peowa. Well, we don't meet ourselves, but we are supposed 
to meet at the agency 

Representative Stephens. Oh, I see. You consult with the agent 
with reference to what ought to be done with reference to each in- 
dividual Indian? 

Mr. Peowa. We are supposed to do that, but whenever we have a 
meeting he will tell us just what is going to be done for us, and that 
is about all we do in the meetings. 

Representative Stephens. He does not aid you or cooperate with 
you? 

Mr. Peow^a. No, sir. 

Representative Stephens. What reason does he give for .that ? 



KIOWA AND COMANCHE RESERVATION. 937 

Mr. Peowa. I don't know. 

Kepresentative Si'ephens. Does he ask you to look after the 
Indians for him in any way, or to advise with them? 

Mr. Peowa. No; he never said anything in that line. The only 
thing he does Avhen we have a meeting is to just tell us what the rules 
are, made at the Indian office, and what is going to be done for us. 
That is about all I know since I was a member. 

Representative Stephens. Does he consult with you in any way 
about what crops should be raised? 

Mr. Peowa. He never spoke about crops or anything in that line. 

Representative Stephens. You say you have never seen him on the 
reservation looking after the Indians? 

Mr. Peowa. No, sir; I have not. 

Representative Sit:phens. Where do the farmers live? 

Mr. Peowa. Well, they live in difi^erent parts of the reservation. 
There is one there at the agency. 

Representative Stephens. Are any of these farmers raising stock 
or crops of their own ? 

Mr. Peoava. No, sir. 

Representative Stephens. What do they do? What do they live 
on? 

Mr. Peowa. They live for the money we pay them. 

Representative Stephens. All this money comes out of your funds? 

Mr. Peowa. Yes, sir. 

Representative Stephens. Then if your business committee had an 
opportunity, the first thing you would do would be to discharge the 
whole bunch? 

Mr. Peowa. Yes, sir. 

Senator Lane. Would you fire them ? 

Mr. Peowa. Yes, sir; fire them. 

Mr. Sloan. I would like to ask a couple of questions. How would 
the Indians prefer to make the leases for their lands; make them 
themselves, or let the agent go ahead and do it all for them? 

Chief IsHiTi (through Interpreter Peowa). I would prefer that the 
Indians lease it themselves. 

Mr. Sloan. Would they learn something about business and the 
ways of farming if they did that themselves? 

Chief IsHiTi. I think the Indians could learn more of business. 

Mr. Sloan. Would they be able to pick out good farmers? 

Chief IsHiTi. Yes, sir. 

Mr. Sloan. Do you think you could find men who would deal 
honestly with you ? 

Chief IsHiTi. I think that if I know a man for a certain length of 
time, and I see that he has been doing all right, why that is the fel- 
low that I think I would rent my place to. 

Mr. Sloan. If a man beats you once would you rent it to him 
again ? 

Chief IsHiTi. No. 

Mr. Sloan. Do you think you could make any difference as be- 
tween getting cash rent and crop rent? Have you men studied that 
so that you could know any difference in it ? 

Chief IsHiTi. I think we could get more out of crop rents than the 
cash rent. 



938 KIOWA AND COMANCHE EESERVATION. 

Mr. Sloax. And do you have trouble going any great distance to 
the agency to make your lease and get your money, when you do get 
it, under the present system ? 

Chief IsHiTi. Yes, sir. 

Mr. 8loax. AVould your business connnittee, if that might come, 
be able to figure on prices and credits so that they could get their 
food and farming implements and seed at reasonable prices? 

Chief IsHiTi. That is what I want. 

Mr. Sloan. I would like to tell you gentlemen a little experience on 
our reservation just a few years ago. I think it is not only interest- 
ing, but entertaining. We had quite an old Indian, some 65 years of 
age. He sold 40 acres, and out of it got authority to buy a team. 
Then he wanted to rent his land to a certain farmer that he knew, 
but the agent refused, and leased it to a man who could not pay 
the rent. We had our rent payments there every Wednesday, so the 
Indian ran over every Wednesclay to see about getting his rent. Once 
in a while he Avould go between times. Now, some 10 months after- 
wards he went and said to the agent, " I would like to have au- 
thority to buy another team."'' The agent said, " What did you do 
with that team you bought about a year ago? " He says, " That team 
I bought out of my land-sale money ? " " Yes." " Oh," he says, 
'• I killed them running here to get my rent, and I haven't got it 
yet." [Laughter.] 

Mr. Ferguson. In connection Avith what these gentlemen have told 
you, I will tell you Avhat I believe would happen. There is so many 
of those men down there that are incompetent ; they are not intelligent 
like these fellows. They will all tell you that. They are not as 
smurt as these men are. There are some wild white men down there 
that take advantage of them and hand them an old revolver or an 
old buggy, or cow, or something, and get them to sign up a lease, 
and they would not get as much as if the agent handled it. Now, 
there is some of these men perfectly qualified to lease their lands, 
but I am speaking of the general run. 

Representative Stephens. How would it be if there were a busi- 
ness committee among the Indians to approve all that? 

Mr. Ferguson. That would be all right. 

Representative Stephens. To supervise all the other Indians, in- 
stead of having an agent. 

]Mr. Sloan. Thirty years ago the Omahas and Winnebagos were as 
backward as these men. At that time the Omahas and the Winne- 
bagos were permitted to make their own leases and collect their own 
rents. A hail storm came along that wiped out every bit of crops 
that there was, and the runners, some of them, went into the timber 
and chopped wood for the Omaha Indians to pay their rent. Others 
gave a cow. Others had credit at the store, and they gave provisions. 
The result was that the Indians and white people divided up their 
misfortunes, and I know the Indians and white men were brought 
closer together through the doing of that, and that experience in 
business and charity and good will did them more good than anything 
else that has occurred. And I believe that if the Indian is permitted 
to exercise the ability he has he will be better for it. 

Mr. Bentley. If you will give the Indians the benefit of just a 
little further legislation along that line, permitting the Indian to 
lease his land for a period of one year, without any restriction from 



KIOWA AND COMANCHE EESERVATIOX. 939 

year to year, providing by statute that the lease received by him shall 
be in keeping with the custom of the country, then if some man rents 
a quarter section of land of him for $25, or for a horse and buggy, it 
becomes the duty of the United States attorney down there to see 
that he is properly paid. In the bill I have been advocating we pro- 
vide that in all oases the result received by him must conform to the 
literal thing. I believe you can throw absolute protection around him 
in that regard. 

Representative Stephens. That is the same bill I introduced last 
Congress. 

Mr. Bentley. Yes, sir. I want to say this further: These men are 
my neighbors, in a way. They are as notoriously temperate as In- 
dians are generally intemperate, and I believe, gentlemen, that they 
are as fine a group of native people as there is on this Continent. I 
know many of the young men among them, and I feel that their lack 
of progress is due to the Government and not to them. No kind of 
people could succeed under the kind of agent these men have. He 
may be honest; he may be all right, but God Almighty never intended 
him for an Indian agent. He is a man of military bearing. He is 
the last person in the world that should ever have charge of the In- 
dians. Instead of going among them, and instead of his relations be- 
ing cordial, he is distant; he has no sympathy for them. I don't 
think he has any use for them. He sits there in his military dignity, 
and the Indian can live or die. 

If you will give these people their farms, if you will permit them to 
lease their land if they want to, they will accumulate stock, and a 
relationship will exist of this kind : If there is a failure and the crop 
is lost, the Indian and his tenant go down together. If it is a bounti- 
ful year the harvest is big, they enjoy the reward of the land together, 
and it makes a community of feeling that is good. 

And it is in the interest of these Indians that you give them an 
agent who is in sympathy with them. Then give him some farmers 
to assist him, and give him the right kind of help, and these men will 
do something. Again, I want to call attention to this' fact. They 
have more than $4,000,000 here in the Treasury of the United States; 
yet if they want to buy anything they must pay two prices. I believe 
the first duty of the Government is to give them an agent that is 
qualified to handle them ; then give them the use of their own money 
to equip themselves; let them go ahead, and they will take care of 
themselves. 

Representative Stephens. You know the reason why the Indians 
should not be permitted to select the matrons and the farmers as well 
as a superintendent? 

Mr. Bentley. None in the world. And if you will do it, I will 
guarantee to you that there won't be any matrons among them who 
will refuse to show a woman how to make a cake. There is many a 
farm Avoman in that country who would be delighted. She is in- 
terested in them, and they are interested in her. And the same thing 
is true of the farmers. If you will permit them to select their own 
farmers you will never see a bad one down there. 

Representative Stephens. With reference to a business committee, 
why should they not, in addition to taking care of their own lands, 
etc., be permitted to take care of the land of the Indians whose re- 
strictions have not been removed ? 



940 KIOWA AND COMANCHE KESERVATION. 

Mr. Bentley. There is no reason in the world, except this: The 
business committee as now permitted and recognized by the Indian 
Department, is the agent's committee, selected by him. You let the 
Indian tribe select their own committee out there, free from the domi- 
nation of the agent, and then you make the leases subject always to 
the ratification of the business committee, and it is my opinion that 
you will find leasing conditions will improve. In other words, give 
the Indian that liberty of action and that inspiration that have led 
us to accomplish what we have, and he may do something. But, 
with his hands tied, forever dependent, he woiild be the most remark- 
able man on earth if he succeeded. He would be superior to any other 
known breed or kind of men if he succeeded under such condtions. I 
think he should be given all those things. 

Mrs. KJELLOGG. The idea that every one of these people is advocat- 
ing is contained in that measure I am proposing. Give the Indians 
their money to do something with; let these men, through their 
business organizations, among themselves, leam how to handle those 
things, and, by actual doing learn what precautions to take in the 
future. 

Representative Stepheks. Your tribe desires that, as well as these 
Indians ? 

Mrs. Kellogg. I have approached quite a number of tribes in the 
United States and put to them this idea : How would you like to be 
an organization by yourselves, and have a certain per cent of your 
money held out for you to use among yourselves, for you to make 
reports upon, for you to be instructed how to use every penny of 
this money and make reports to the Secretary of the Interior? And 
there is not one that does not jump at the idea. 

Mr. Ferguson. In regard to these appointments, you must under- 
stand that that is all under the civil service. That would have to 
be reorganized. There is the great secret about this civil-service 
proposition — getting what we call a real farmer, a practical farmer. 
He has got to be a schoolmaster and a college graduate almost to 
pass the civil-service examination, and if he is smart enough to do 
that he won't go out and farm. 

Senator Lane. You came here with these Indians? 

Mr. Ferguson. Yes, sir. 

Senator Lane. As a friend ? 

ISIr. Ferguson. Yes, sir. 

Senator Lane. And you paid your own expenses? 

Mr. Ferguson. Yes, sir. 

Senator Lane (to interpreters Peowa and Waldo). I want you to 
say to the chief and all these Indians that this commission has been 
investigating the conditions of the Indians all over the United States, 
and will continue to do so for quite a little while, and we find this 
same condition to exist among all of the Indians. The only Indians 
that we know of that are doing real well are the Navajos, out in the 
desert, on the plateau, running sheep with no white men over them 
much to bother them. And we are going to try to get this thing 
arranged so that the Indians can have a chance to use their own 
property for their benefit and have a voice in the way things are 
going to be done. And that is going to come. 

(The foregoing statement was interpreted to the Indians by In- 
terpreters Peowa and Waldo.) 



KIOWA AND COMANCHE RESERVATION. 941 

Senator Lane. Tell the chief that 25 or 30 years ago this man 
here — Judge Stephens — who is a Member of Congress from Texas, 
used to be one of the Texas rangers, and he fought with the chief, 
and the first time he comes down on the reservation you ought to 
scalp him. [Laughter.] 

Kepresentative Stephens. I would like to ask Charley Buffalo, 
How long have you had trouble with your ej^es? Ask him that 
question. 

Charley Buffalo (through Literpreter Waldo). Seven years. 

Kepresentative Stephens. Can you see? 

Charley Buffalo. Yes : I can see a little, but light hurts my eyes. 

Kepresentative Stephens. Has any physician ever attended to his 
eyes? Has he ever had any physician to look after it — the agency 
doctor or any other ? 

Charley Buffalo. There is one doctor out there who treated me. 

Mr. Ferguson. Was he employed by the Government? 

Charley Buffalo. Xo. 

Kepresentative Stephens. Ask him if he has ever gone to the 
agency doctor and asked for medicine. 

Charley Buffalo. Yes; I did come to him one time, but he gave 
me eyewater, and that is about all he did to me. 

Kepresentative Stephens. Ask him why he does not go back to 
him and have his eyes treated? 

Charley Buffalo. I wanted to go, but did not have time. 

Kepresentative Stephens. Ask him how many Indians have sore 
eyes like he has. 

Charley Buffalo. Not very many. 

Kepresentative Stephens. Ask him if he has been in Mr. Sells's 
office down there. Has he been among the physicians of the Com- 
missioner's office in this city? Has am^one there asked him about 
his eyes? 

Charley Buffalo. Yes. 

Kepresentative Stephens. Did they give any medicine or treat him 
in any way? 

Charley Buffalo. No ; they didn't give no medicine. 

Senator Lane. There was a measure came up last year in which 
they wanted to sell every other allotment belonging to the Indians. 
Do you want that done ? Ask the chief . 

Chief IsHiTi (through Interpreter Peowa). They want to keep 
all their land. 

Senator Lane. Good. Tell him that is right. 

Mr. Bentley. May I ask the chief one question? I want to ask 
him if he knows that the man whom he fought with in Texas, who 
has been asking the questions, is the man who made the great sum of 
money for him that is in the Treasury now. 

Chief IsHiTi (through Interpreter Peowa). I am glad that he done 
that for me. 

Mr. Bentley. Where you would have got less than a million dol- 
lars, by the fight he made for you you got about $6,000,000. The 
proposition was that the lands were to be sold at an arbitrary price. 
Judge Stephens got the law changed so it would be sold to the high- 
est and best bidders. 

Senator Lane. He deserves their gratitude. Tell him he need not 
scalp him when he goes back. [Laughter.] 



942 KIOWA AND COMANCHE EESEEVATION. 

Mr. Bentley. I want liim to know that he has fallen among 
friends here, 

(The foregoing statements were interpreted to the Indians by In- 
terpreters Peowa and Waldo.) 

Mr. Sloan. Charley Buffalo, how often have you been over to the 
Indian Office where the Commissioner of Indian Affairs and the 
assistants are? 

Charley Buffalo (through Interpreter Waldo). Xot very often. 

Mr. Sloan. More than once? 

Charley Buffalo. Second time. 

Mr. Sloan. Did you stay there two or three hours one of the times 
you were over there? 

Charley Buffalo. Not that long. 

Mr. Sloan. An hour, was it? 

Charley Buffalo. An hour — something like that. 

Mr. Sloan. Who was it spoke to you, if anybody, about your eyes? 

Charley Buffalo. The commissioner asked me about it. 

Mr. Sloan. Commissioner Sells? 

Charley Buffalo. Commissioner Sells. 

Mr. Sloan. What did he say to you ? 

Charley Buffalo. He didn't say much to me. He only asked me 
what the trouble was. 

Mr. Sloan. Did he call in any of the doctors of the Indian Office 
to look at your eyes ? 

Charley Buffalo. No. 

Mr. Sloan. Did any one of the Indian Office doctors come around 
and see you about your eyes? 

Charley Buffalo. No. 

Mr. Sloan. How long have you been in the city ? 

Charley Buffalo. A week and a half. 

Mr. Sloan. And you are of the delegates from your tribe? 

Charley Buffalo. Yes. 

Mr. Sloan. Have you authority from the Commissioner of Indian 
Affairs to come here for tribal business? 

Charley Buffalo. No. 

Mr. Sloan. The commissioner sent you permission to come here? 

Mr. Waldo. He didn't send for us to come up. 

Mr. Sloan. He was willing that you should come? 

Mr. Waldo. He was willing; yes. 

Mr. Sloan. That means authority? 

Mr. Waldo. Yes. 

Mr. Sloan, Has anybody done anything for your eyes since you 
have been in the city here ? 

Charley Buffalo. No. 

Mr, Sloan. Have you seen some of the Indian Office officials every 
day since you have been here? 

Charley Buffalo. No. 

Mr. Sloan. Does he understand my question? Did he see some 
of the Indian Office people every day? 

Mr. Waldo. No ; not every day. 

Mr. Sloan. Every other day? 

Mr. Waldo. Every other day — about every two days. 

(Thereupon, at 9.35 o'clock p. m., the joint commission adjourned 
to meet at the call of the chairman.) 



KIOWA AND COMANCHE RESERVATION. 943 

Housii; OF Representatives, 

Committee on Indian Afeaibs, 
, „ _ Washimjton, March 20, 191',. 

Hon. J. T. Robinson, 

Chairman Joint Investigating Gonmiission. 
Dear Sir: This will introduce you to Mr. Ferguson, of Oklahoma, also Ishiti, 
chief of the Comanche Indians in Oklahoma, and other Indians, one a graduate 
of the Carlisle School, who have called upon me, and from what they say, I 
think they should be heard by our commission and their evidence or statements 
taken down, as it will be beneficial to us in going over matters pertaining to 
their tribes in Oklahoma. 
Very truly, yours, 

Jno. II. Stephens. 



Washington. D. C. March 21, lUt',. 
Hon. John H. Stephens, 

House of Representatives, Washington, D. C. 
My Dear Sir: I am inclosing you a copy of petition of the Kiowa and Coman- 
che Indians, also affidavits of charges preferred against their agent. The 
originals are filed with Cato Sells, Commissioner of Indian Affairs. 

As we will not be able to meet with the Joint Committee of Indian Affairs, 
we are leaving to-night for home. 

Any further information you may desire on this subject, please write me at 
my address. 

Respectfully, yours, 

W. S. Ferguson, 

Moiininin Vieic, Oldn. 

Hon. Cato Sells, 

Commissioner of Indian Affairs, Washington, D. C. 

Our Dear Friend: We, the undersigned members of the Kiowa, Comanche, 
and Apache Tribes, in Oklahoma, hereby submit to you our petition in regard 
to some of the affairs of our tribes, which represents*^ the opinion of the major- 
ity of our members, and respectfully ask your help and assistance, so that 
those things which we believe are for our best interests may become effective. 

First. In regard to our tribal and rental moneys, will say that in the past four 
years payments have been made at very irregular periods. When a payment 
is made we try as well as we are able to pay our debts and make the balance 
of our money go as far as we can; but when payments are seven, or even eight, 
months apart it is impossible for us to live, pay our debts, and get along. We 
have learned with a good deal of interest of the system used at the"^ Osage 
Agency with the Osage Indians. We understand that the Osages receive their 
money quarterly, and are paid promptly. If this i.s done at the Osage Agency, 
we ask that the same system may be jmt into effect at the Kiowa Agency. We 
believe, if our payments could be thus arranged and made promptly on stated 
dates, that it will be for our best interests. 

Second. In the past it has been the practice to withhold from the rental 
moneys the payments to minor children. This is not just to us, for many of 
the minor children have families of their own. and it costs as much to sup- 
port the minor children as it does the adults; so. if the minor's money is 
not paid to them or their parents, the minors must of necessity live off of their 
more fortunate friends or relatives. We therefore request that all moneys, both 
annuity and lease, be paid direct to the parents, or to the minors, if married. 

Third. We ask that the payments be made at the pay stations, as was done 
from the time we came under our first agent until about three years ago. We 
lose no more time from home under the old system than under the new one 
of delivering the checks at each person's home. By the old system we can 
find why certain moneys are not paid, while under the present system, if we 
believe any mistake has been made or we fail to understand something about 
the payment, we have to make the trip to the agency to find out about the 
matter, at additional cost and expense. 

Fourth Resolved, That we are not in favor of raising restrictions on our 
land until the 25 years have elapsed, as per agreement in Article V of Jerome 
treaty. 



944 KIOWA AND COMANCHE RESERVATION. 

Fifth. We ask that where Government positions on our reservations are 
filled by Indians, that they be filled by members of our tribes. 

Sixth. We regret, that our present agent, Ernest Stecker, who has been at 
the head of our agency for about six years, has failed in nearly every way to 
show the interest in our welfare which his position demands. Favoritism to a 
few Indians at the expense of a majority, intimidation when our ideas fail 
to suit him, failure to protect the rights of the Indians in leasing their lands, 
his military bearing toward us makes us at all times afraid to approach him 
on affairs material to us, his many unfulfilled promises cause us to distrust 
him. We believe if an agent could be sent us whom we could trust and respect, 
that many of our complaints would cease to exist. 

Seventh. We believe if a thorough and impartial investigation of existing 
affairs was made, and proper action taken thereon, the result would be bene- 
ficial to the Indians and the whole service. 

Eighth. Payments on the sale of lands in the big pasture have been ex- 
tended from time to time. We ask that these deferred payments be collected 
as soon as possible. 



Lawton, Okla., March i//, 1914. 
State of Oklahoma, 

Comanche County, ss: 

William Fulbright. first being duly sworn, deposes and says that he is a resi- 
dent and taxpayer of the city of Lawton, Okla. 

That he knows Ernest Stecker, who is superintendent of the Kiowa Agency 
in Oklahoma. 

Further deposing, the aflSant avers that on or about the 26th day of January, 
1912. I was at the chamber of commerce rooms in the city of Lawton, Okla., 
when Ernest Stecker was present and made certain statements about the adjust- 
ment of Indian indebtedness. At this same time and place the said Ernest 
Stecker was intoxicated and much under the influence of liquor. My reasons 
for so stating are that he could not stand erect while talking, but needed contin- 
ually to support himself on a table while addressing the audience, and his voice 
was" stuffed and it was difficult for his hearers to hear him. However by re- 
peated questioning he finally made himself clear. The affiant remarked to 
others who were near that Stecker was " pretty badly shot," to which they 
readily assented. 

Further deposing, the affiant states that the said Stecker is generally reputed 
in this locality to be given to the excessive use of alcoholic liquors. 

(Signed) Wm. Fulbright. 

Subscribed and s^vorn to before me, a notary public in and for Comanche 
County. Okla., this 14th day of March, 1914. 

(Signed) R. B. Morford, Notary Public. 

(My commission expires August 23, 1915.) 

Copy original filed with Commissioner of Indian Affairs. 

State of Oklahoma, 

County of Caddo, ss: 

O. M. Topley, being first duly sworn upon his oath, says he is 47 years of age 
and a resident of Auadarko, Okla. ; that he is well acquainted with Ernest 
Stecker, superintendent of the Kiowa Indian Agency, at Anadarko, Okla. ; that 
during a session of the Federal court at Lawton, Okla., in October, 1913, the 
said Stecker was, to the personal knowledge of affiant, a frequent visitor 
to a dive in the basement of the Midland Hotel, at Lawton, Okla., and there 
frequently purchased and drank intoxicating liquors in company with others, 
one of whom was M. Bristow, of Anadarko, Okla., an attorney at law. 

Further affiant saith not. 

(Signed) O. M. Topley. 

Subscribed and sworn to before me this 14th day of March, 1914. 

(Signed) L. M. Gilbert, Notary PuNic. 

CSly commission expires Nov. 5, 1914.) 

Copy original filed with Commissioner of Indian Affairs. 



KIOWA AND COMANCHE RESERVATION. 945 

Lawton, Okla., March ///, WIJ/. 
State of Oklahoma, Comanche County, ss: 

W. H. Dry Bread, first being duly sworu, deposes and says that be is a resi- 
dent and taxpayer of Lawton, Okla. 

That he knows Ernest Stecker, who is superintendent of Kiowa Agency, Okla. 

Further deposing the affiant avers that on or about the 26th day of January, 
1912, the said Stecker was in the chamber of coninierce rooms in the city of 
Lawton, Okla, when the said Stecker proposed to the business men of this 
locality that if they would not press their obligations against the Indians 
under his supervision that he had funds enough and authority enough to pay 
all the legitimate debts of the Indians by July, 1912, and in any case not later 
than the end of the year 1912. The business men accepted his proposition at 
this meeting and organized the Indian Creditor's Association at that time and 
place and did their part to cooperate with the said Stecker. 

Further deposing, the affiant says that at the time and place wlien the 
said Stecker made this promise to the creditors of the Indians he was in a 
drunken condition, as was shown by his staggering and unsteady condition ; 
his manner of speech and continual hawking and spitting is further evidence 
fo me that he was intoxicated and he showed other signs of drunkenness, 
which I, myself, have been subject to in the past when I used intoxicating 
liquors to excess. 

Further deposing, the affiant says that the said Stecker is generally reputed, 
in this locality, to be given to the excessive use of alcoholic liquors, and an in- 
vestigation along these lines I believe will show that many people of this com- 
munity will testify to the fact that the said Stecker is often in a drunken and 
unfit condition while attempting to perform his duties. 

(Signed) W. II. Dry Bread. 

Subscribed and sworn to before me. a notary public in and for Comanche 
County, Okla., this 14th day of March, 1914. 

Wm. Fullbbight, Notary Public. 
(My commission expires January 22, 1917.) 

Copy. Original filed with Commissioner of Indian Affairs. 

Lawton, Okla., March 1 '/. IDI.'i. 
State of Oklahoma, County of Comanche, ss: 

A. D. Lawrence, first being duly sworn, deposes and says, that he is a resi- 
dent and taxpayer of Lawton, Okla. ; that he knows Erue,st Stecker. who was 
superintendent of the Kiowa Agency in Oklahoma. 

Further deposing, the affiant avers that on or about the L'Uth day of January, 
1912, the said Ernest Stecker at his own request caused a meeting to be called 
of the business men of this country in the Chamber of Commerce rooms in the 
city of Lawton, Okla., for the purpose of securing the consent of the various 
creditors of the Indians under his charge, to an extension of their debts with 
the said Indians, and at that time and place he did voluntarily offer and 
promise the bushiess men of this country, that if they would not press the 
Indians for their obligations that he (Stecker) had funds enough, and authority 
enough to pay all legitimate debts of said Indians by the 1st of the following 
July, but in no event would the settlement of said debts be deferred longer 
than to the end of the year 1912. Under this agreement and promise the 
creditors formed what was known as the Indian Creditor's Association and 
attempted to cooperate with the said Stecker in all things which he had 
pi'omised. 

Further deposing, the affiant says that at the time and place when the said 
Ernest Stecker made said promises he was in a drunken condition as was 
evidenced by his staggering and unsteady condition ; his manner of speech and 
continual hawking and spitting were further evidenced to the affiant that he 
was intoxicated. 

Further deposing, the affiant says, that from his acquaintance with, 
knowledge, and observation of said Stecker, covering a period of some six 
years, he believes is informed, and therefore avers that said Stecker is not a 
fit or proper person to be superintendent of said Kiowa Agency; that his habits, 
temper, temperament, and character are such as to especially disqualify him 



946 KIOWA AND COMANCHE RESERVATION. 

for the Indian Service, and are of evil example to the members of the Indian 
tribes under his supervision, and such is the general opinion of the people at 
large in this vicinity; that the said Stecker is generally reputed to be given 
to the excessive use of alcoholic -liquors, and that divers complaints and 
charges, covering his unfitness as such superintendent, have been heretofore 
filed with the Commissioner of Indian Affairs, and that Special Indian Agent 
P. N. Wadsworth, deputed to investigate said charges in the spring of 1910, 
reported to the affiant that said Stecker was not a fit person to hold the office 
of said superintendency and the deponent is informed and believes, and there- 
fore avers, that said Wadsworth so reported to the Commissioner of Indian 
Affairs, as will undoubtedly appear from the files and records of the Indian 
Office. 

(Signed) A. D, Lawrence. 

Subscribed and sworn to before me a notary public in and for Comanche 
County, Oklahoma, this 14th day of March, 1914. 

(Signed) Wm. Fuli.bright, Noiary Public. 

(My commission expires Jan. 22, 1917.) 

Copy. Original filed with Commissioner of Indian Affairs. 



Lawion, Okla., March I'l, 191'/. 
State of Oklahoma, 

Comanche County, .s.s: 

Wayne White Wolf (Cho sic wa), Comanche No. 156, first being duly sworn, 
dej)oses and says that he is a Comanche Indian under the supervision of Ernest 
Stecker. superintendent of Kiowa Agency in Oklahoma. Further deposing, he 
states that when Walter Silcott was subagent at Fort Sill subagency that he 
was one of the police under Silcott. On one of the visits of said Stecker to 
this subagency the affiant took the said Stecker from the subagency to the 
railroad station, and at this time the said Stecker was under the influence of 
liquor and took from his jwcket a quart bottle of whisky and offered the affiant 
a drink. 

The affiant then told the said Stecker that he did not drink whisky. 

Further deposing, the affiiant says that about six months after the above 
occurrence he again took the said Stecker from the subagency to the railroad 
station, and on this occasion also the said Stecker was in a drunken and in- 
toxicated condition, his breath smelling of liquor, his eyes were red. and his 
other actions caused me to know that he was drunk. On this occasion also he 
offered mo a drink of whisky from a quart bottle which ho drew from his 
pocket. 

(Signed) Wayne White Woi.r (Cho sic wa). (Comanche No. 156.) 

Subscribed and sworn to before me, a notary jiublic in and for Comanche 
County, Okla., this 14th day of March. 1914. 

( Signed ) Wm. Fullbright, 

Notary Public. 

(My commission c.vpires 22d of January, 1917.) 

Copy of original filed with Commissioner of Indian Affairs. 

State of Oklahoma, 

County of Caddo, ss: 

O. M. Topley, being first duly sworn, upon his oath says that he is 47 years 
of age, and a resident of Anadarko, Okla. ; that he is personally acquainted with 
Ernest Stecker, siiperintendent of the Kiowa Indian Agency, at Anadarko, Okla.. 
and has known the said Ernest Stecker since January, 1908. 

Affiant further states that on the day of . 1913, affiant was engaged 

in litigation in the county court of Caddo County, Okla., in a certain case 
wherein J. W. Johnson was plaintiff, and affiant was the defendant, and various 
Indians were garnishees, and the Anadarko State Bank was interpleader; that 
at the conclusion of said trial, while a large number of persons were still present 
in the court room and offices adjacent, the said Ernest Stecker became abusive 
and vile in his language, finally calling affiant a "liar"; that the said Ernest 
Stecker used oaths, and was loud and boisterous in his conduct; that the 
language and manner of the said Ernest Stecker was heard and observed by 



KIOWA AND COMANCHE RESERVATION. 947 

various persous, aiiioug tlieni beiiij^ IIuii. C. Koss Ilimibe, counly judge; llou. 
Guy R. (Jillett, clerk of tlie county court; Mis's Liiiuie E. Biles, stenographer 
to the court; Hon. I.. K. McKuight ; Elmer E. (Jish; and Hon. Spencer Hiltoo, 
clerk at the said Kiowa Agency; and also numerous Indians, wards of the 
Government; that at that time the said Ernest Stecker was intoxicated and 
unfit to appear in a court of justice; that his conduct was unwarranted and 
inexcusable, and was without provocation. 

Affiant further states that he knows of his own kiidwlfdge (hat the said 
Ernest Stecker is a habitual user of intoxicants. 

Further alfiant saith not. 

(Signed) O. M. Topi.ky. 

Subscribed and sworn to before me this the 14th day of March, 1914. 

(Signed) L. M. Gilbert, Notary Fithliv. 

(My commission expires November 5, 1914.) 

Copy of original filed with Commissionei' of Indian Affairs. 



OM. 



OMAHA IXDIAX RESERVATION 
SERIAL ONE 



HEARINGS 



BEFORE THE 



•lOINT COMMISSION OF THE 
<'OXr;HESS OF THE UNITED STATES 



SIXTY-THIRD CONGRESS 
SECOND SESSION 



INVE.STI(i.\Tl-: INDIAN AFFAIRS 



M\U<H is, 1914 



I^AIIT 10 



Printed for the use of the Joint Commiaaion 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1914 



Congress of the United States. 

JOINT COMMISSION TO INVESTIGATE INDIAN AFFAIRS. 

Senators : Representatives : 

JOB T. ROBINSON, Arkansas, Chairman. JOHN H. STEPHENS, Texas. 

HARRY LANE, Oregon. CHARLES D. CARTER, Oklahoma. 

CHARLES E. TOWNSEND, Michigan. CHARLES H. BURKE, South Dakota. 

R. B. Keating, Arkansas, Secretary. 
Ross Williams, Arkansas, Olerk. 
VL 



OMAHA IXDIAN EESERVATIOX. 



WEDNESDAY. MARCH 18, 1914. 

JoiXT Commission to Investigate Indian Affairs. 

Washington, D. C. 
The commission met at 8 o'clock p. m., with Senator Lane (presid- 
ing) and Representative Stephens present. 

TESTIMONY OF HIRAM CHASE. 

Hiram Chase, being duly sworn by the acting chairman, was ex- 
amined and testified as follows: 

Senator Lane (presiding). You said in the committee room that 
you had something that you wanted to present to this commission. 
I do not know what it was. I told vou to come over and let us 
hear it. 

Mr. CiL\SE. We have grievances. We get no satisfaction before 
the Interior Department. 

Senator Lane. Where is the agency ? 

Mr. Chase. The country where we live is in Thurston County, 
on the west banks of the Missouri River, about 87 miles north of 
Omaha, and about 35 miles south of Sioux City. 

Senator Lane. In Nebraska ? 

Mr. Chase. In Nebraska. 

R-epresentative Stephens. What tribe do you belong to? 

Mr. Chase. The Omahas. 

Representative Stephens. How manv of those Indians are there? 

Mr. Chase. About 1,250. 

Representative Stephens. Wliat is the size of the reservation? 

Mr. Chase. The reservation has been reduced in area to about 24 
by 18 miles. 

Representative Stephens. What is your agency, at what place? 

Mr. Chase. They call it a •'■ mission." The original proper name 
is " Omaha Agency." 

Representaive Stephens. What is the superintendent's name? 

Mr. Chase. The superintendent's name is John Spear. 

Representative Stephens. Is he also the agent? 

Mr. Chase. He is acting in the capacity of an Indian agent. We 
call him the " superintendent." 

Representative Stephens. Have you a school there? 

Mr. Chase. No school — no tribal school, as we used to have. That 
has been done away with. 

Representative Stephens. How many farmers have you there — • 
paid farmers by the Government ? 

949 



950 OMAHA INDIAN EESEEVATIOX. 

Mr. Chase, We have two, I think. 

Representative Stephens. How many farms have you on the res- 
ervation — Government farms and experimental farms? 

Mr. Chase. Just one. 

Representative Stephens. It takes two superintendents for one 
farm ? 

Mr. Chase. They have work in different parts of the reservation, 
as I understand it. 

Representative Stephens. They look after the Indian's farms, 
then? 

Mr. Chase. They are supposed to. 

Representative Stephens. Why do you say " supposed " ? Do 
they work at the job very much? 

Mr. Chase. I do not see them around teaching the Indians, which 
is the purpose for which they were appointed. 

Senator Lane. How are the Indians, pretty good farmers ? 

Mi\ Chase. Yes, sir; they are good farmers. 

Senator Lane. And make a success of it? 

Mr. Chase. Many of them do. 

Senator Lane. How many school children are there, and do they 
go to public schools? 

Mr. Chase. They go to public schools, and many of the children 
are sent away to school at Carlisle and to Haskell and the other 
Goveniment institutions. The youngest ones remain at home and 
attend the district schools. 

Senator Lane. Are the Indians increasing in population? 

Mr. Chase. The Omahas are, I believe, on the increase. The cen- 
sus has been stationary for the last 25 years, anyway. 

Senator Lane. Have you much tuberculosis? 

Mr. Chase. We have some. 

Senator Lane. More than the white people do? 

Mr. Chase. I could not say. 

Senator Lane. Have you much trachoma — sore eyes ? 

Mr. Chase. Some of them are atfected; the older ones. 

Senator Lane. Go ahead. 

Mr. Chase. Senators, the original reservation contained about 
300,000 acres and was established for the tribe under a treaty of 1854. 
It is an agricultural country. We raise all kinds of grain; good 
stock country ; well watered and plenty of timber along the streams 
and over next to the river. The rougher part of our land is lying 
in a strip, say, about 2^ or 3 miles west from the west banks of the 
river. The agency is sftuated 3 miles from the river. This reserva- 
tion was occupied— in 1865 a treaty was made with the Government 
and on behalf of the Winnebago Tribe of Indians of Wisconsin, who 
were moved there, and under that treaty the Winnebagos were given 
the northern portion, a strip on the northern portion of the reserva- 
tion, something like 125,000 or it might be 100,000 acres that was 
given to the Winnebagos. Up till 1880 or 1881 or 1882 the Omahas 
were progressive in the way of agriculture and self-supporting, and, 
strange to say, when the annuity moneys due them under the treaty 
were reduced to a per capita of about $3 per head annually each of 
the prominent farmers had horses and some of them had stock, cattle, 
and hogs; and they were living and supporting them by their own 
exertions. An agitation followed, and the Poncas were practically 



OMAHA INDIAN RESERVATION. 951 

driven from their northern homos in the nortlieni part (if Nchraskii 
and inveio:led into some arraniieinent with the (iovernnient by which 
they were transferred to the Indian Territory, and some of them, 
after many of them were reduced thron^di sickness, returned back to 
their old homes in Nebraska, and on their way they visited the 
Omahas. I am telling this to show this commission wliy it was that 
this aoitation came about. The Poncas were arrested under an order 
of the Secretary of the Interior, supported by the military, and the 
chiefs were arrested and held as prisoners by the military at the city 
of Omaha. 

Mr. Sloan. Old Fort Omaha t 

Mr. Chase. Old Fort Omaha, and it seemed that friends were 
active on their behalf, and they employed Benton & AVebster, the 
ablest attorneys living then in Omaha, and under writ of habeas 
corpus they applied to Judge Dundy, and Judge Dundy declared 
that the Indian w^as a person under the Constitution, and the mili- 
tary and the Secretary did not have any authority by their own 
orders to arrest Indians, and he released them. Great interest was 
manifested in this case by eastern people, and Mr. vStanding Bear 
and his crowd were paraded through the pul)lic in the East, and got 
up a sentiment, and the sentiment was that the Indians should l)e given 
the rights the same as any American citizen, and that they should 
not be molested in their person or property or anything else; that 
they should stand before the law the same as any white men. 

Under that agitation Senator Dawes, of Massachusetts, was en- 
listed in sympathy with the measure of making the Indians citizens 
and giving them allotments as a solution of the Indian problem, and 
the Omahas were placed in the vanguard, as it were, in reference to 
this new S3^stem, and a bill was passed in 1882. After certain people 
had been among our people agitating the matter and before our 
people, and our bill of August 7, 1882, was passed, up to this period, 
Mr. Senators, I want it distinctly understood that lawyers of note 
in the State of Nebraska, having examined this treaty of 1854. say 
that the Government has no title or interest whatever in our reserva- 
tion; that the treaty of 1854 confirmed unto the Omaha the title to 
these lands and they were the permanent owners of these lands. 
This act of 1882 was an agreement between the United States Gov- 
ernment and our tribe, as a political body, to allot these lands in this 
way — IGO acres to each head of the families, 80 acres to a single per- 
son, 80 acres to orphan children, and 40 acres to minors. In this 
bill it was also provided to sell the western portion of the reservation, 
lying west of what is now the Chicago, St. Paul, Minneapolis & 
Omaha Railroad, and that land was sokl at the highest appraised 
value, which w^as about $13 an acre, and netted the Omahas some- 
thing like $500,000. That land was sold, and in the provisions of this 
act of 1882 there was a provision there that this money should be 
held in trust and in the Treasury of the United States", and 5 per 
cent per annum was to be paid under the direction of the Secretary 
of Interior for the benefit of these Indians. This act has a limita- 
tion affixed to it that these lands alloted to those Indians would be 
held in trust for the period of 25 years and no more. This act of 
1882, if the Senators will examine it, is nothing more than a solemn 
agreement on the part of the Government of "the United States to 
carry out its provisions. 



952 OMAHA INDIAN EESERVATION. 

Representative Stephens. That treaty expired in 1907 — 25 years 
after 1882 I 

Mr. Chase. The allotment was completed in 1884. 

Eepresentative Stephens. In 1909 — it was after the allotment, 
then, and not after the passage of the act that the 25 years begun? 

]Mr. Sloan. The period runs from the day of the patent. 

]Mr. Chase. From the date of the patents ; yes. The Senators will 
understand that there is no provision in this act for any moclificatiori, 
any power vested in the Government of the United States to extend 
this trust. It was a scheme for the winding up of the Omaha In- 
dian affairs, breaking up and destroying their tribal government, 
meting to each individual his home, with the right of self-govern- 
ment, with the right of maintaining himself, with the right the same 
as an}' other citizens, I should say, cutting away from his old tribal 
government, with the idea — and Senators will also understand that 
that act of 1882, the question as to whether the Indians would ever 
become competent to handle their own affairs and shift for them- 
selves, was fixed at the limit of 25 years. Avith no power of revoca- 
tion. 

Representative Stephens. Has there been any change in that in 
any way ? 

Mr. Chase. I am coming to that. Senator. In 1909 our people, as 
a body, desired an extension of that 25 years, and what did Congress 
do? They passed a law by which they gave the President of the 
United States discretionary power in the matter, and under that 
extension of 10 years, giving the President authority to extend the 
trust 20 years longer. The authorities here, at the Secretary's Office, 
and the Indian Office, made up a scheme whereby our people were 
dealt with unfairly. They were segregated into three classes. One 
class was denominated as competent, another as a second class, an- 
other as a third class. Those that were declared competent in the 
first class were given their patents, and under the provisions of the 
act of 1882 were not given the privilege of extension. As it were, 
the extension was granted to the second and third classes. There 
is a discrimination there, Mr. Senators, and I understand that class 
legislation of any description, even by the Congress itself, is uncon- 
stitutional, and why should an executive officer classify our people 
in the three classes and not treat us alike? 

Representative Stephens. Did they do that by virtue of the act of 
1909? 

Mr. Chase. 1909 or 1910 ; I do not know which. 

Mr. Sloan. By rules and regulations of the Interior Department? 

Mr. Chase. Rules and regulations of the Interior Department. 

Representative Stephens. The act permitted rules and regtilations 
.to be made ? 

Ml-. Chase. No. 

Representative Stephens. That would be an act of legislation by 
an executive of the Government ? 

Mr. Chase. It looks like it very much. 

Representative Stephens. Under the Constitution it would not be 
permissible. 

Mr. Chase. Xow, Mr. Senators, it happens thus: The second and 
third classes are people that are being held up by the department in 
violation of the original act of 1882. I do not care if Congress did 



OMAHA INDIAN RESERVATION. 958 

extend the time, thei-e was no jiowei- of revocation, no power of ex- 
tendino- the trust. The limitation was lixed. and if Congress can 
give the President the authority to extend the trust one hour, it can 
extend it for a thousand 3^ears. 

Eepresentative Stephens. Have you ever brought the matter be- 
fore the courts? Have you ever brouglit a suit? 

Mr. Chase. Not yet; we want relief from the law^-making power. 

Eepresentative Stephens. Let me suggest that you could do this 
very legitimately. The department buys the land and takes pos- 
session of it, and then let the Government bring a suit to dis- 
possess, and you could very quickly bring the matter before the 
conrts. It seems to me that is your remedy — before the courts and 
not Congress. Of course, the act that you complain of could be set 
aside. Whether you want to do that, is the (juestion. You can repeal 
the act that you speak of — -1909 — and that would restore the patents, 
but do you want to do that? 

Mr. Chase. Restore the patents? 

Representative Stephens. Restore the 25 years and would set aside 
the Executive order that you complain of or rules and regulations 
that you complain of. 

Mr. Chase. That is what I am contending. That is the condition 
as it is now that this act extending the time is unconstitutional, and 
the Secretary assumed to himself the power to declare me competent 
and the power to declare my brother. Omaha, an incompetent is 
going into the powers of a judicial character. We were to be given 
the rights of citizenship; w^ere to be given this allotment; and no 
power of government, so far as our rights were concerned, was to be 
administered except by the local authorities. 

Representative Stephens. I agree witli your contention along that 
line. I believe you are a lawyer, are you not? 

Mr. Chase. I think this, I think a good deal of our fault, Mr. 
Senator, is through legislation that has been thrust upon our people 
without or consent and without due consideration even on the part 
of Congress itself. 

Representative Stephens. I understood you to say a while ago 
that the Omahas themselves asked that this law be passed in 1909? 

Mr. Chase. It was done through a petition. The Indians, instead 
of being gathered together in council and applying for this, and ask- 
ing for a modification under the character of a tribe, some people 
that were interesting in extending this time went from house to 
house and got a petition, and that is not the way to deal with this 
matter. The way to deal with this matter of modification or exten- 
sion of trust should have been with the Indians in council. 

Representative Stephens. Is there some old law, some act of Con- 
gress or regulation Ijy the department, which requires it to be done 
in that way by the council ? 

Mr. Chase. No; but so far as our internal affairs are concerned 
and our matters are concerned, when Ave come to deal with the Gov- 
ernment upon any arrangement we want them to carry out, ^xe must 
be represented in council, we must on one side agree to it and the 
Government on the other. 

Representative Stephens. Then, there was no agreement of that 
kind? 



954 OMAHA INDIAN RESERVATION. 

Mr. Chase. There was no agreement of that kind when this exten- 
sion was made. So the extension was made, Senators, and I contend 
that if they were to extend the trust at all they should have treated 
each one of us equally, and instead of giving the Secretary of the 
Interior power to do as he pleased with our people in segregating 
them, the extension should have been made with the proviso that any 
Indian who called for his patent could have it. That is what ought 
to have been done, and that is the situation as it is now. This act of 
1882 is being violated right now by the Interior Department holding 
up our people into these three classes. Their moneys are held up. 
The men the Government, impliedly at least, agreed should be free 
should be free from control of the department. Their property is 
being held up. They can not use it ; they can only get $10 a month 
out of this fund, and our people, Mr. Senators, say that the evils that 
are befalling them as they now are can not be any worse; that the 
patents and individual moneys tied up in the banks be given to them 
and they make out their own destinies. 

Representative Stephens. Do you think if the patents were given 
to them and they were permitted to sell the lands that they would 
soon dispose of them and dispose of the proceeds? 

Mr. Chase. There will be many of them. Senators, no matter how 
you fix it. 

Representative Stephens. And they would go back on the Gov- 
ernment ? 

Mr. Chase. The Government, so far as Ave are concerned, never has 
lost a cent. Every cent that we own to-day is money that our ances- 
tors secured for us by our properties. AVhat the Government should 
have done — they have made a mistake in thrusting upon our people 
this idea of citizenship when they were not ready for it. 

Representative Stephens. That act of 1882, then, was a mistake? 

Mr. Chase. It was a big mistake, and if I knew then what I know 
now I would have been one of them that would have been fighting 
against it. 

Representative Stephens. Then you are in favor of the repeal of 
the act of 1890 or 1909 ? Did you sign that petition? 

Mr. Chase. I do not know whether I did or not, and it makes no 
dili'erence. 

Representative Stephens. You said you made a mistake then, 
didn't you ? 

Mr. Chase. I did ; but if my own people were to get an extension 
of that trust. I claim that we ought to have the extension as a people, 
not giving the Secretary of the Interior power to segregate our people 
into three parts. That is my contention. And my idea. Senator, is 
this, that the big mistake of the Government — it is no use to dwell 
upon it. They shoidd have been kept on the reservation, on a terri- 
tory of their own, to work out their own existence. And this thing 
of holding them up on land such as we have — you give them a tract 
that is inalienable to any outsiders, a community of their own, and 
they would have marched with the progress of the days, perhaps 
better than they are now. 

Representative Stephens. But you must remember that the damage 
is already done. 

Mr. Chase. The damage is already done, and we are ready to face 
it. We contend for our brothers of the second and third class that 



OMAHA INDIAN RESERVATION. 955 

they should be <>iven their hinds and their moneys, and thev can never 
be any worse off tlian they are now, 

Eepresentative Stephens. Is it not a fact that if you find anyone 
that is not permitted to sell his land and wants to sell "it and is compe- 
tent, you can make proof of that and come to the department here and 
get his restrictions removed? 

Mr, Chase. Yes; but that all rests with the clerks down there, and 
the whole power is virtually taken away from those to whom they 
have given power. 

Representative Stephens. I agree with you on that, and I would 
be in favor of having the Indians themselves to designate a commit- 
tee of three to act in connection with the department here, and let the 
Indians first segregate those who are competent from those who are 
not. You know better who are competent. 

Mr, Chase. Surely ; that is the very thing that Mr. Webster spoke 
about to the Indian Office, that discreet men'of our tribe should be ap- 
pointed to sit upon— if this system is to be carried on — to sit in judg- 
ment upon what this Indian should have of his money that is being 
tied up. 

Eepresentative Stephens, I have introduced a bill along that line, 

Mr. Chase. Another thing. Senators, one of the greatest evils is 
that Congress i^assed a law giving the Secretary of the Interior ju- 
dicial power to sit upon and judge heirship estates. 

Representative Stephens. You prefer going to the local courts, 
then ? 

Mr. Chase. I prefer giving only just such powers as he always had 
of issuing the patents to the rightful owners ; but when he goes be- 
yond that, the act provides 

Representative Stephens. Suppose, for instance, a man was a 
settler and entitled to the land, but he should die and leave two sets 
of heirs. He might have been married twice, and one of the mar- 
riages possibly was not legal. You get a complication there that 
would require some person with judicial discretion to determine to 
whom the land should descend. 

Mr. Chase. Surely. Now, the authority given by the act is con- 
fined to the finding of heirs. He is given lio discretion in the matter, 
any further than to find, as a matter of fact, not as a matter of law, 
who the heirs are. 

Representative Stephens. There is no appeal from his decision ? 

Mr. Chase, Tliere is no appeal from his decision. Xow, they tell 
me over there that I can be heir to a piece of land with another, and 
I can go before the Secretar}' of the Interior and he can make a find- 
ing that I am not heir when in law I am, and say that the other fel- 
low is heir. And they say I have no remedy. 

The Secretary of the Interior, as I understand it, is only a branch 
of the executive department, and this authority that assumes to give 
him the right to sit upon the question of heirship of the Indians is no 
more than what he had before, and therefore it is merely declaratory 
of what he had before. Now, why is it that his authority should be 
conclusive upon the Indians? 

Representative Stephens. Now, as a lawyer, would it not be well 
to frame up a case and go to the Supreme Court with it ? 

Mr. Chase. What is the use of putting the Indians to all that 
trouble? Isn't the Secretary of the Interior, upon the matter of 



956 OMAHA IXDIAN RESERVATION. 

lixv; — what is the Attorney GeiieraFs office for in this country if he 
is not to advise the heads^ of departments as to what the hiw is in- 
stead of forcing- the Indians to litigate these questions that have been 
piled upon them, not by themselves but by an Interior Department 
officer ? There is where' the wrong is. The Indian should not be put 
to the trouble of hiring lawyers to test these questions. The Gov- 
ernment here has promised, the Senate has promised, every branch of 
the Government has promised that these Indians at the expiration of 
25 years should have their fee simple patents, or, if the Indian was 
dead, his next nearest blood relative. 

Representative Stephens. You must remember that the Indians 
themselves asked for that to be revoked; and Congress, agreeable to 
the refjuest of the Indians themselves, did revoke the old law and 
made the new law, and you are complaining now of the new law. 

Mr. Chase. We have that situation anyhow. Senator, and it is 
working bad, and our people say that rather than live under ex- 
isting circumstances they are willing to meet their fate by taking 
their fee simple patents and having their moneys paid to them and 
living as any other people should. 

Representative Stephens. I agree with you along that line. I 
think thev are supervised entirely too much. 

Mr. Chase. Now. what did Congress do after the passage of this 
extension'^ Without the consent of the Indians, they fixed up a bill 
here to tax these trust lands. 

Representative Stephens. Not until after the 25 years expired. 
Mr. Chase. Before the 10 years extension expires. There is a bill 
.in existence. 

Representative Stephens. They can not do that. There is a case in 
Oklahoma. 

Mr. Chase. They are doing it at home. 

Representative Stephens. The Supreme Court held recently that 
they could not do that during the trust period. 

Mr. Chase. We are here to complain of these things, and under 
existing circumstances our Senator from Nebraska, Mr. Brown, was 
prevailed upon by politicians and people who knew not our condi- 
tions, to pass a bill in the nature of a tax bill— we call it the " Brown 
tax bill "—to tax these lands that the trust was extended on. And 
the act of 1882 provides that no encumberance— that these lands 
shrould be given to the Indians free of all charge or encumbrance, and 
if a tax is to be levied against these lands it would be an encum- 
brance, which would be a charge upon the land, but they voted that. 
And Conoress passed a law giving the Secretary of the Interior— 
if I had a piece of land that the trust was extended on, and I hap- 
pened to have some funds in the hands of the Secretary of the In- 
terior, that Indian agent can take it out of my pocket and pay it 
over to the county authorities without my consent. I say that is in 
violation of our rights as human beings. 

Representative Stephens. I think if you will examine the Okla- 
homa case you will find out the matter has been determined and they 
can not do "it. It is on all- fours with your case. 

Mr. Chase. We know that ; but here is money in the hands of the 
Secretary of the Interior, and there is the Attorney General to 



OMAHA INDIAN RESERVATION. 957 

advise that that tax hnv is absolutely unconstitutional. Let the other 
fellow strike for that money and put us on the defense. 

Representative Stophens. Why do not your Senators and Con- 
gressmen introduce a hill to repeal the law 'of Congress that permits 
that land to be taxed? 

Mr. Chase. I presumed this matter would ho called to the atten- 
tion of Congress. 

Representative SrEPiiENS. You must understand the situation this 
commission is in. T^iis commission is only to investigate matters 
not of legislation, but that are injuring the Indians where some 
wrong has been committed. This is in obedience to law. absolutely, 
ancl I do not see what jurisdiction we would have in the matter. 
This is a legislative matter, or a judicial matter — one of the two — and 
We are not examining into those things. Of course, we can hear it 
and make a record of it, and we are glad to hear you on it; but it 
seems to me your remedy is througTi legislation' or through the 
courts. I do not know what Senator Lane thinks about it. 

Senator Lane. I was about to suggest that if he will prepare a 
little brief on it and let us have it. I will undertake to pass it on to 
Senator Norris and get him interested in it, and maybe we can get 
something started to relieve you. 

Representative Stephens. I think so. 

Senator Lane. Will you do that ? 

Mr. Chase. Yes; we can do that. 

Representative Stephens. You gentlemen are all voters, are you 
not? 

Mr. Chase. Supposed to be. 

Representative Stephens. You ought to be very close to the poli- 
ticians if you can vote. 

Senator Lane. Are these gentlemen with you all Omahas ( 

Mr. Chase. All Omahas; yes. 

Senator Lane. Now, if you will make a brief of it — boil it down — 
and let us have it, we will present it 

Mr. Chase. We thought that this commission ought to guard 

Senator Lane. We will help you. 

Mr. Chase (continuing). Ought to guard Congress from passing 
any laws violative of existing agreements with the Indians withotit 
their consent. And this thing of people running down here and 
thrusting upon our people legislation which is uncalled for — and 
then, if our people did agree to it. it was in violation of some exist- 
ing treaties, which is not fair. 

Senator Lane. Well, if it is working a hardship on you. you want 
it corrected. 

Mr. Chase. And we think that Congress ought to bend its forces 
to winding up our affairs instead of extending the time. We have 
to meet it sometime, and this generation is better fitted to meet what 
is coming than our youngsters. Avho will be left without anything to 
meet these conditions. 

Senator Lane. Then you will lirief the case for me? 

Mr. Chase. Yes; I will. 

(Thereupon, at 9.45 o'clock p. m.. the joint commission adjourned 
to meet at the call of the chairman.) 



958 OMAHA INDIAN RESERVATION. 

Washington, D. C, October 23, 1913. 
Hon. Joe T. Robinson, 

United States Senate. 
Sir : I have beeu requested by Mr. W. E. Estill, of the Omaha Reservatioii, 
Nebr., to baud the inclosed letter to you. I have heard of the action of this 
man Preston from another source, and it would seem that his conduct should be 
looked into by some one in authority who is independent of the Indian Office. 

The trouble with investigations made by the Indian Office seems to be that 
they are made from the inside, and on that account are not independent enough 
to result in much good. I trust that you may be able to do something for the 
benefit of the Indians on the Omaha Reservation as to Mr. Preston. 
Yours, truly, 

RoBT. T. Lang. 



Walthill, Nebr., October 16, 1913. 
Hon. Joe T. Robinson, 

Washington, D. C. 

Dear Sir : The farmers of the Omaha Reservation are now struggling to up- 
hold their rights against the unreasonable theories of a young man named C. O. 
Preston, who holds the position of boss farmer on the Omaha Indian Reserva- 
tion. It is through him and under his supervision that all leases are now made 
and approved and the farmers here charge him with being arbitrary, dictatorial, 
and unreasonable in some of his rulings, to the extent of damage and great injury 
to some of us who have held leases here for years and who have taken pride in 
our farming operations. 

A number of affidavits from leading farmers have beeu collected and some of 
them forwarded to Hon. Cato Sells, Commissioner of Indian Affairs. These 
should have beeu forwarded to you for the reason that any complaints going to 
the office of the Commissioner of Indian Affairs are referred back to the superin- 
tendent for adjustment and report. While we believe in our superintendent and 
have faith in his integrity he is a little disposed to uphold Preston in some of 
his acts, although it is said Preston has been hauled on the carpet by him for 
others of his rulings and general conduct. 

A number of acts of Preston may be and will be cited to you for investigation, 
if you wish, but I think you can get enough at the office of Mr. Sells to satisfy you 
that Investigations should be made of Preston's acts independent of any report 
made by the superintendent here upon the matter. 

One instance of an injustice to me and to the Indian dealing with me on land 
adjoining my holdings may be cited, and I ask to have this investigated at once 
by Mr. Sloan or some one close at hand while the facts are fresh and easily 
obtainable. 

Mary White is an old decrepit Indian woman on list 3, and her leases are 
made at the office for her, she being privileged to sign the same. Preston, the 
farmer, gave it out, as he did with other good farmers, that no more leases 
would be^made at the office for me. I asked by letter to Preston for a reason for 
this, admitting, as he did to my men. that the lands leased by me were splendidly 
farmed. My letter was ignored. Threats were then made by Preston to cancel 
all my leases. One of these leases does not expire until March 1. 191G, on which 
land— 160 acres— I have about $3,000 worth of Improvements belonging to me 
until the expiration of said lease. Preston gave it out that he had asked for 
authority to cancel my leases. Now, under these circumstances, I went to Mary 
•White and asked to lease her land and offered the sum of $3.75 per acre for it. 
I explained to Walker, her son-in-law, the situation. He talked to Mary and 
she was willing for me to have the land and waited over 60 days for me to make 
up lease with her. I agreed to sow all the land to alfalfa the first year also. 

Mr. William Tompkins wanted the land and had offered $3.50 per acre for it. 
Last week he went to the office, and with the aid of Preston, secured a lease on 
the land (NW. i SE. i 1-25-S) at his price. Preston telling Mary White the office 
would not lease to me. My lauds are the SW. i 1-25-S, adjoining Mary White's 
land. Mary White, by this ruling, is chiseled out of the sum of $10 per year 
on her 40 acres for five years, making a total of $50. I would like to have a 
comparison made between the farming done by me and that done by Tompkins. 

I asked Mr. Sloan to look into this, but he said he had no orders to do so, 
although he thought it ought to be done at once. 

To others Preston said he was going to cut out the automobile farmers. This 
meant that the farmers living in town would be cut. I know of a lease 



OMAHA INDIAN RESERVATION. 959 

recently made to a man in town and who lives in town and in the mercan- 
tile bnsiness, who is not a farmer, nnder tlie direction of Mr. I'reston. This 
man told me recently that I would have to get down on my knees to Preston 
and talk nice to him and I would likely get all my leases back, as that was 
the way he did it. 

I will say that we had twins come to us and I moved to town to take care 
of them, although much of my time is spent at the farm. This is why I 
moved to town, and I want to stay here this winter on that account. I intend 
going back to the farm on March 1. Preston to the contrary notwithstanding. 

As to his arbitrarily canceling my leases, he will have to fight over every 
inch of territory between here and perdition before he will succeed. 

" This is an Indian reservation, but it is no kingdom," quoting from a paper 
published in a neighboring town, a clipping of which I am mailing you. 

To one of our best citizens Preston recently made this remark, on being told 
that I was bitterly protesting against his ruling: "I will show him what a 
real Government official is." He meant, no doubt, that his rx)wer and privi- 
lege is indisputable. 

Mr. Robinson, I wish to say that I fought Republican rule since I came 
to this country from Kentucky 15 years ago. I have lived to see this county, 
always Republican, in the hands of Democrats for the past 10 years. It has 
taken fighting to do it. We told the Indians that our wrongs and theirs 
was the result of misrule and it would be remedied when the Democrats took 
the reins of power. The Indians of the country voted with us. Is this the 
result of our efforts for Democracy? 

Kindly let me hear from you as soon as possible. 

With best wishes. I beg to remain, as ever, 

Sincerely, yours. Will E. Estill. 

(Paper referred to follows.) 



October 24. 1913. 
Hon. Robert T. Lang, 

600 F Street NW., Washington, D. C. 
Dear Sir : Your letter inclosing communication from Mr. W. E. Estill, of 
the Omaha Reservation, addressed to Senator Robinson, has been received. 
Senator Robinson is at present in the West on the business of the joint com- 
mission and will not return to the city for several days. As soon as he returns 
your letter and the letter from Mr. Estill will be called to his attention. 
Yours, very truly, 

R. B. Keating, Secretary. 

Macy, Nebr., 22, 1913. 
Mr. Joe Robinson, 

Washington, D. C. 
Dear Friend : I am Omaha Indian. I make complaint to your committee 
about Mr. Preston, boss farmer. He try to make me sell land through Macy 
office. I ask for patent in fee for 200 acres. Preston try to make me sell land 
through the office. He say if I fight him he put me back on list 3, so Government 
lease all my laud for me. I got 335 acres land. I try to keep it for my boy. 
I don't sell. I can get $5 acre, 5 years, for 200 acres, to lease it. Lease money 
pay my debts on home and all my stuff. I wish your committee look at my case 
In Indian Office down there; see all my letters for two years now. Indians 
don't want Mr. Preston ; white men don't want him. 

Our people want Mr. Tom Sloan down here right away. He knows about 
things here. 

Your friend, 

Fred Merrick. 
I wish you write Mr. Sloan come here right away. We want him here pretty 
bad. 



Washington, D. C, October 29, 1913. 
Hon. Joe T. Robinson, 

Chairman Joint Commission, United States Senate, City. 
Sir: You will find inclosed a letter addressed to you in my care, the writer 
no doubt being in doubt as to how to reach you and thinking that I would know 
how to do so. 



960 OMAHA IXDIAN RESERVATION. 

The Indirtiis of the Omaha Reservatiou. Thurstou Couuty, Nebr., are, I am 
advised, very much concerned about the actions and statements of JNIr. Preston, 
a boss farmer of that reservation. From all accounts he should be looked after, 
as he does not seem to be a proper person for the responsible position he has 
at present. 

Respectfully, 

RoBT. T. Lang. 



NOVEMBEK 10, 1913. 

Mr. Fred Merrick, 

Macy, Nebr. 
Dear Sir : Your letter, addressed to Senator Joe T. Robinson and forwarded 
to this office by Mr. Robert T. Lang, has been received. Senator Robinson is at 
present in the West on the business of the joint commission to investigate 
Indian affairs and will not return to the city for some time. As soon as he 
returns your communication will be called to his attention. 
Verv truly, 

R. B. Keating, Secretary. 



Walthiil, Nebr.. March 19, 1911f. 
Will E. Estill, 

Washington, D. C. 
Dear Sir : Inclosed James McKeegan letter. It was sent in this form instead 
of affidavit, and affidavits can be supplied later if desired. 

You will note he requests that the Indian Office furnish all data on Preston 
and all complaints to the committee. There are undoubtedly many letters there 
frora Dunn and others. He also requests that Pre.ston make a written reply. 

Put this up to them strongly, and if they can be made to see the actual facts 
they will dispose of Preston. This letter does not make his case half as strong 
as it could be made and does not do real justice to the facts. If the committee 
could know Preston as we know him he would not hold his place 15 minutes. 
Please acknowledge receipt and oblige. 
Yours, very truly, 

E. W. ROSSITEU. 



Walthill, Nebr., March 19, 191'i. 
To THE Senate Investigating Committee, 

Washington, D. C. 

Dear Sirs : I wish to lay before you briefly some facts with reference to the 
leasing of lands on the Omaha Indian Reservation in Nebraska, and particularly 
with reference to the conduct of one C. O. Preston, so-called expert farmer of 
the Omaha Indian Agency. ^xr^ i « 

For seven years past I have leased and farmed the S. A of the NE. i of 
9-25-8 and other Indian lands adjoining my home farm of 120 acres. The lease 
on this piece of land expired on March 1, 1914. In the fall of 1913 I secured a 
new lease from the Indian owner, Margaret Pai)i)an Grant. This lease was 
forwarded to the Indian office for approval, and held for a period of 60 days 
before the same was finallv returned to me disapproved. 

A telephone call to the Indian office at Macy, Nebr., brought the information 
that if the sum of $380 was paid for certain buildings in lieu of erecting same 
the lease could be returned and approved ; that this was the only obstacle that 
stood in the wav. Reports circulated in my neighborhood were to the effect 
that another individual was to have the land. Upon hearing this report, the 
agency was again phoned to to learn if there was anything further necessary 
to secure the approval of the lease, and the reply was to the effect that it was 
being considered. ^ ^ ^ 

The matter so stood until Saturday. December 27, 1914. C. O. Preston drove 
to my farm to say that they had received an increased offer for this 80 acres 
of land and unless I met the offer it would be leased to the new man. I asked 
him until Mondav, the 29th of December, to consider, and he assented. On 
that day mv son drove to Macy, Nebr., and called at the agency office to accept 
the new terms of lease, only to learn that the lease to the new man had been 
approved on this same land on Wednesday, December 24, 1913, three days before 
C. O. Preston ever came to my place. 



OMAHA IXDIAX 1?ESERVATI0X. 961 

This is only one instjiiife where C. O. Preston lias bi>cn known lo niissLatr 
the facts. He thonglit he wonld appear to i,'ive nu> an opi.ortunily lo meet the 
new bul, as is cnstomary witli the old leaseholder, and at the sa'nie time give 
the land to the new uian without an oi)portunity for me to actually meet his bid 
This new man ottered to pay the Indian owner money for signing the lease and 
agreed to buy her a team of horses, conlrary to the rules of tlie office govern- 
ing leasing. Atiidavits of this fact were filed with the ofHce, but were not con- 
sidered. it being alleged that the Indians were influenced to sign same. 

In addition to this fact C. O. Preston has held up all niy leases and my son's 
leases. In fact, he has endeavored to secure other renters for all my lands and 
endeavored to compel the Indians to lease to others. At the present' time I 'liav.> 
only one 40-acre Indian lease. The last lease made to mv son has liecn in the 
agency office six months, and only after every eftort was made bv (". o. Preston 
to get some one to take it from him, and he was unabl(> ti) find s'licli a man, <lid 
he permit the lease to be approved. 

Now, gentlemen, I am not able to cover the facts as fullv as T should wish in 
a brief letter. I wish, however, that you would call upon" the Indian Otiice for 
a statement of the facts in this ease as they have thein ; also, call ujion Mr. C. O. 
Preston for a written reply to this statement. 

I have lived on his reservation for 25 years and never had any difficulty with 
the Indian office in any of my transactions with the office or the Indians." This 
man Preston is not the proper man to have such discretionary powers as are 
given to him. He is continually abusing his authority, and will not hesitate to 
use questionable methods to advance himself in the eyes of his superiors. He 
does not hesitate to misstate facts to bolster up his ease. A man of his char- 
acter should not be permitted to exert his influence among a tribe of Indians 
when it will certainly work ill among them. There is too great a tendency to 
make a record on a part of many employees by stirring up trouble and making 
lots of noise, regardless of the best interests of the Indian. 

This man has had much trouble on this reservation and the Indian Office is 
undoubtedly the recipient of many complaints, hut no satisfactory action has 
been taken. Nothing less than removing such a man from the service would be 
sufficient in this case. 

Your careful consideration of this matter will be greatly appreciated. 
Yours, very truly, 

James McKeegan. 



Senator J. T. Robinson, 

Washington, D. C. 



AVashington. D. C, Fehninnj /,'/, /.9/.'/. 



My Dear Mr. Robinson: I am forwarding to you a re(piest from Winnebago 
s'ebr., located in my district, asking for an iuve.stigation of the Winnebago and 



Nebr 



Omaha Agencies. I think it would be a good idea to have an investigation made 
there, and if your committee has not finished its work I would recommend a 
special inspector to these two agencies, both operated under one superintendent, 
and let him make a thorough investigation as to their method of doing business. 
I have had a great deal of demand for this sort of investigation for sometime. 
Kindly advise me whether or not you can make this investigation. 
Yours, very truly, 

Dan V. Stephens. 



February IS. 1914. 
Hon. Dan V. Stephens, 

House Office Building, Washington, D. C. 
My Dear Sir: I am in receipt of your letter of the fourteenth instant, inclos- 
ing a letter signed by W. E. Whitcomb and John Ashford and affidavits bv John 
Ashford and W. E. Whitcomb. Jane Hill Earth, and John Painter, rela"tive to 
matters in connection with the administration of affairs at Omaha and Winne- 
bago Agencies. 

An investigation of these agencies will be considered by the connuission at 
the earliest practicable date, and your recommendations will he given careful 
attention. 

Yours truly, 

Joe T. Robinson. Cliairman. 



962 OMAHA INDIAN RESERVATION. 

Winnebago. Nf.hr.. Fchrunry 7, Idl.'i. 
Hon. Dan V. Stephens, 

Member of Congress, Washington, D. C. 

Dear Mr. Stephens: Yoin- letter asking for specification of charjres against 
Mr. Upcburch as a basis for asking for an investigation of matters here re- 
ceived, and would have had more prompt answer but for the fact that an In- 
spector has been here and had said in the beginning that he would take these 
matters up though he had no orders to do so ; but yesterday he informed us 
that he was in doubt as to what he ought to do and intimated that he would 
not go into the matters without instructions. This man's name is Rosencrans. 
I had always undersood that Congre.ss was investigating generally all Indian 
agencies, and did not understand the necessity of filing charges of corruption or 
otherwise to obtain an investigation. It is distasteful to us to file complaints 
and charges against official.^; of the department, they have a hard enough time 
to manage their job. and naturally dissatisfaction is occasioned by their action. 
Absolute corrui)tion or gross iucomiKnency is about the only thing I think that 
justifies a man in filing complaints with the Indian (Kfico. I inclose you affi- 
davit of John Painter, which will explain itself. Dr. Painter is a lielpless old 
Indian, one of the few left who nee<ls special care to protect his interests, and 
investigation of the matter will convinee anyone that this deal was corrupt. 

Jane Hill also received a patent to land, a fee simple patent. Jane Hill has 
never seen this patent, her land has been sold at a low figmv : .lane Hill does 
not know to whom it was sold, says she never saw him. 

Now, Mr. Stephens, we want you to try and see to it that Mr. Sloan be sent 
here to exandne these matters nientioniHl aind also any and all other irregu- 
larities and acts of corruption that may be called to his attention or discovered 
by him. There are many other allegations of graft and wrongdoing that I 
might mention, but what I have called attention to is certainy suHicieiit to call 
for an investigation. The congressional investigation asked for will bring back 
to us an otticial of the Indian ( »fiice who will likewise undoulitedly investigate 
the Siime matters. We have tried to have the i»resent inspector examine into 
this without telling him or disc-losing to him fully tiie exact situation of affairs, 
for we kiiow by past experience how these peoi)le stick together, and while we 
believe the inspector is probably all right we did not care to give him the ex- 
act facts as to what he would find, but wishinl him to go to exandne the wit- 
nesses by whom these facts could be proven, and this he has declined to do. 
Hoping you will be able to get us the investigation as we desire it, we are, 
A^erv truly, yours, 

W. E. Whitcomb. 
John Ashfobd. 



State of Nkbkaska, Thurston County, ss: 

John Ashford and W. E. Whitcomb, of Winnebago. .Nebr.. of lawful age. and 
each being first duly sworn, on oath states: Th.it Jane Hill Karth has made 
all of the statements contained in a i>.iiN?r l)eret(» annexed and marked "Ex- 
hibit A" for identification; that these statements were freely made by the said 
Jane Hill Earth; that Jane Hill Earth declined to sign the sjiid atfidavit, stating 
that she was afraid to sign it. but that the statements were all true. 

Affiants state that they have examined the land sold by I'pchurch of Jane Hill 
Earth, and that the value of the land is $80 or $8r> per acre, at least. Affiants 
state on information and belief that the sjile of said land was first made to 
John S. Spear in trust: that the said John S. Spear then deedeil the land back 
to Jane Hill Earth, who tlien deeded the land to Charles Guernesey : that 
Charles Guernsey is not the real owner of the land, and that his name appears 
in the title for the purpose of covering up and concealing the real transaction, 
which in truth and in fact affiants believe was .i trans.iction between Mr. Up- 
church and Mr. Small. And that Jane Plill Earth, in connection with the deal, 
did and has done onlv as she has been told to do by Mr. Upcburch, and received 
$700 less than the land could be sold for ordinarily for cash. Further affiants 
saveth not. 

John Ashford. 
W. E. Whitcomb. 

Subscribed and sworn to before me this 7th day of February, 1914. 

[seal.] a. M. Smith, Xotarji Public. 



OMAHA IXDIAX RESERVATION. 963 

Exhibit A. 

-lATE OF Nebhaska. Thuiston Comity, ss: 

Jane Hill Earth, being first duly sworn, on oath deposes and says that she is 
, full-blood Winuebago Indian woman of lawful age and living on the Winne- 
-ago Indian Reservation in Nebraska; that Charles Earth is her husband; 
iiat on or about the 1st day of December. 1913, she was told by the officials at 
lie agency that she had received a fee-simple patent to the SE. i of the SW. 
; of sec. 7. T. 2*\. R. 7. Thurston County. Nebr. : that she never saw this 
fee-sinii)le patent which she was told had been sent there to her in the name of 
Jane Hill: that st.ine time after the 1st of December. 1918. deponent was called 
into the office by Mr. I'pchurch to sign some papers which she was told were to 
givi- the land t<> the agent, Mr. Spe;ir. and that on the representation made to 
her by Mr. rpchunh she sipied papers and left them there: that she was after- 
ward called again to the office and was told that she had sold her land, and 
was asked to sign pai>ers .igain by Mr. t'pchurch. which she did. After this 
was done she was told to go t<i Homer and that she could get the money. She 
said that she did not wish to go to Homer, and .so Mr, I'lichurch got money and 
gave It to her the ne.xt day in the amount of nearly .$700; that' shortly 'after 
roreiving tliis money dej-onent gave nearly all of it to C. J. O'Connor, to whom 
she was lndebt«'d. and who claimed that she owed him this amount. Deponent 
flops not know liow much exactly she gave to O'Connor, and does not know 
■ I her than by the statement of Mr. O'Connor, verbally made, how much she 
wed bini. Dejument states that slie never saw the purchaser of the land and 
■ Lies not kMi>w of h«'r own knowledge how much he gave for the land; that she 
was never given a patent to the land in her own hands, and never saw this 
patent. Till' whiib' trans.i<t ion was .arranged by Mr. I'pchurch between Mr. 
rpchunh. .Mr. ."^mali. and Mr. oConnor. And further affiant saveth not. 



'I and sworn to before nu- this 7th day of February. 1914. 



Xolary Public. 



Sl Ml ol .N'KHRASKA. 

'I'htnston i'onnly. ss: 
.loliri raiiit.-r. Iieing lirst duly sworn, on o:ith depfiscs and says that he is a 
Winiiobago Indian and a .son of Dr. rainter; that Dr. raintcr' is a full-blood 
Winn.'bago Indian; th.-it Dr. r.-iinter ncib-d to buy hay for feed for his ponies, 
and llie Mgen«-y farmer. .Mr. Ii.churcli. bought the h.-iy for him from a man by 
the name of C. C. Frum. The hay w.-is bought in the .stack and was worth 
about ."SIO ji Ion; that the stack bought jictually contained not more than six 
nor less than four tons ..f Imy : th.it Mr. rpchurch said that stack of hay con- 
tained more tli.iii i:{ tons, and induce*! my father. Dr. Painter, to i)ay C. C. 
Kruiii .<! Js..'-,o fur th.if stack of hay. and the hay is pretty nearly all used up 
now. and I doiit ihiiik it had more than 4 tons in it. Deponent states that he 
is .ert.iin th.it his father was cheateil on this little hay deal Jilmost $100. and 
further jiffiant saith not. 

John Paintkr. 

Subs.-ribed and sworn to b.-fore me this C.th day of February. 1914. 
l»*KA«-] A. M. Smith, Notary I'uhlic. 

.■incioi— PT n^— 14 2 



